View source for Bribery (Offence)

[[fr:Corruption (infraction)]]
{{Currency2|January|2020}}
{{LevelZero}}{{HeaderOffences}}
{{OffenceBox 
|OffenceTitle=Bribery 
|OffencePage=Bribery 
|Section=119 and 120
|Act={{OBCCC}} 
|CrownElection={{OBIndictableElection}} 
|Jurisdiction=s. 119:<br>{{OBJurisdictionAll}}<br>s. 120:<br>{{OBJurisdictionExclusive}} 
|Bail={{OBBailJudge}} 
|IndictableDisp={{OBDisp14orLife}} 
|IndictableMin={{OBMinNone}}  
|IndictableMax= {{OBTime|14 years}} }}

==Overview==
{{OverviewIV|bribery}}

; Pleadings
{{PleadingsHeader-N}}<!-- Offence Section / Offence Type / Crown Election / Defence Election / Preliminary Inquiry-->
{{PleadingsIndictableList-N|s. 119 {{DescrSec|119}}| {{NA}} | {{No}} exclusive jurisdiction.<br> Presumptive jury trial | {{Yes}} }}
{{PleadingsIndictableList-N|s. 120 {{DescrSec|120}} | {{NA}} | {{Yes}} | {{Yes}}}}
{{PleadingsEnd}}

{{PleadingsExclusive|s. 119 {{DescrSec|119}}}}

{{PleadingsIndictElection|s. 120 {{DescrSec|120}}}}

; Release
{{ReleaseHeader}}
|s. 119 {{DescrSec|119}} or 120 {{DescrSec|120}}|| {{ReleaseProfile-Indictable}} 
|-
{{ReleaseEnd}}

{{ReleaseOnlySup|s. 119 {{DescrSec|119}} or 120 {{DescrSec|120}}}}

:''<u>Reverse Onus Bail</u>''
{{ReverseOnusCirc}}

:''Fingerprints and Photos''
{{IDCriminalAct|s. 119 {{DescrSec|119}} or 120 {{DescrSec|120}}}}

; Publication Bans
{{GeneralPubBan}}

; Offence Designations
{{DesignationHeader}} 
|- 
|s. 119 {{DescrSec|119}}|| {{OKMark}} <!--wire--> || {{XMark}}<!--DO-->||{{XMark}} <!--SPIO--> || {{OKMark}} <!--consent-->  || {{OKMark-14Years}}
|- 
|s. 120 {{DescrSec|120}}|| {{OKMark}} <!--wire--> || {{XMark}} <!--DO-->||{{XMark}} <!--SPIO--> || {{XMark}} <!--consent-->  || {{OKMark-14Years}} 
{{DesignationEnd}}

{{WiretapDesignation|119 {{DescrSec|119}} and 120 {{DescrSec|120}}}}

{{AGConsent|s. 119 {{DescrSec|119}}}}

{{SeeBelowForAncillary}}

{{reflist|2}}

==Offence Wording==
{{quotation2|
; Bribery of judicial officers, etc.
119 (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years who
:(a) being the holder of a judicial office, or being a member of Parliament or of the legislature of a province, directly or indirectly, corruptly accepts, obtains, agrees to accept or attempts to obtain, for themselves or another person, any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by them in their official capacity, or
:(b) directly or indirectly, corruptly gives or offers to a person mentioned in paragraph (a), or to anyone for the benefit of that person, any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by that person in their official capacity.

; Consent of Attorney General
(2) No proceedings against a person who holds a judicial office shall be instituted under this section without the consent in writing of the Attorney General of Canada.
<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 119; {{LegHistory00s|2007, c. 13}}, s. 3.
|{{CCCSec2|119}} 
|{{NoteUp|119|1|2}}
}}

{{quotation2|
; Bribery of officers
120. Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years who
:(a) being a justice, police commissioner, peace officer, public officer or officer of a juvenile court, or being employed in the administration of criminal law, directly or indirectly, corruptly accepts, obtains, agrees to accept or attempts to obtain, for themselves or another person, any money, valuable consideration, office, place or employment with intent
::(i) to interfere with the administration of justice,
::(ii) to procure or facilitate the commission of an offence, or
::(iii) to protect from detection or punishment a person who has committed or who intends to commit an offence; or
:(b) directly or indirectly, corruptly gives or offers to a person mentioned in paragraph (a), or to anyone for the benefit of that person, any money, valuable consideration, office, place or employment with intent that the person should do anything mentioned in subparagraph (a)(i), (ii) or (iii).

R.S., {{LegHistory80s|1985, c. C-46}}, s. 120; {{LegHistory00s|2007, c. 13}}, s. 4.
|{{CCCSec2|120}} 
|{{NoteUp|120}}
}}

===Draft Form of Charges===
{{seealso|Draft Form of Charges}}
{{DraftHeader}}
|-
|119(1)(a)
| 
|"{{ellipsis1}}, being the holder of a judicial office or being a member of Parliament or a provincial legislature corruptly did accept, obtain, agree to accept, attempt to obtain money, valuable consideration, office, place or employment for himself or herself in respect of [details] by [name1] in his or her official capacity{{ToWit-Particulars}} {{contrary|119(1)(a)}}."
|-
|119(1)(b)
| 
|"{{ellipsis1}}, corruptly did give or offer to [name1], a person who holds a judicial office or is a member of parliament or a provincial legislature, money, valuable consideration, office, place or employment in respect of [details] by [name1] in his or her official capacity for [name1 or name2]{{ToWit-Particulars}} {{contrary|119(1)(b)}}."
|-
|120(a)
| 
|"{{ellipsis1}}, {{contrary|120(a)}}."
|-
|120(b)
| 
|"{{ellipsis1}}, {{contrary|120(b)}}."
{{DraftEnd}}

==Proof of the Offence==

{{ElementHeader}}
{{ElementLeft}}
{{Proving|bribery of judicial officers (recipient)|119(a)}}
{{InitialElements}}
# {{box}} the culprit was "a holder of judicial office", a "member of Parliament" or member of the "legislature of a province", and 
# {{box}} "accepts, obtains, agrees to accept or attempts to obtain, for themselves or another person" a thing, # the thing is "money, valuable consideration, office, place or employment" 
# {{box}} act is done "in their official capacity" 
# {{box}} act is done "corruptly" and
# {{box}} written consent by the Attorney General of Canada

{{ElementRight}}

{{Proving|bribery of judicial officers (provider)|119(b)}}
{{InitialElements}}
# {{box}} the culprit "gives or offers to a person" a thing and 
# {{box}} that recipient person is "a holder of judicial office", a "member of Parliament" or member of the "legislature of a province", or to an third party for the recipient person's benefit;
# {{box}} the thing is "money, valuable consideration, office, place or employment" 
# {{box}} act is done "in their official capacity" 
# {{box}} act is done "corruptly" and
# {{box}} written consent by the Attorney General of Canada

{{ElementLeft}}

{{Proving|bribery of officers (recipient)|120(a)}}
{{InitialElements}}
# {{box}} the culprit is "a justice, police commissioner, peace officer, public officer or officer of a juvenile court, or being employed in the administration of criminal law,"
# {{box}} the culprit "accepts, obtains, agrees to accept or attempts to obtain, for themselves or another person," a thing;
# {{box}} he does so "corruptly"
# {{box}} The thing is "any money, valuable consideration, office, place or employment"
# {{box}} the culprit intended
## {{box}} "to interfere with the administration of justice,"
## {{box}} "to procure or facilitate the commission of an offence", or
## {{box}} "to protect from detection or punishment a person who has committed or who intends to commit an offence;" 

{{ElementRight}}

{{Proving|bribery of officers (provider)|120(b)}}
{{InitialElements}}
# {{box}} the culprit "gives or offers" a thing to a recipient person;
# {{box}} the recipient person is "a justice, police commissioner, peace officer, public officer or officer of a juvenile court, or being employed in the administration of criminal law," or to an third party for the recipient person's benefit;
# {{box}} the culprit does so "corruptly"
# {{box}} the thing is "any money, valuable consideration, office, place or employment";
# the culprit intended:
## {{box}} "to interfere with the administration of justice,"
## {{box}} "to procure or facilitate the commission of an offence", or
## {{box}} "to protect from detection or punishment a person who has committed or who intends to commit an offence;"

{{ElementEnd}}

==Interpretation of the Offence==
Section 119(2) requires the consent of the attorney general before a prosecuting a person in judicial office for bribery under s. 119.<ref>
119(2) states "No proceedings against a person who holds a judicial office shall be instituted under this section without the consent in writing of the Attorney General of Canada."</ref>

;"Official Capacity"
A member of cabinet is acting in his "official capacity" when he takes ministerial actions related to the administration of his department.<ref>
{{CanLIIRPC|Arseneau v The Queen|1z77v|1979 CanLII 216 (SCC)|[1979] 2 SCR 136}}{{perSCC|Ritchie J}}<br>
{{CanLIIRP|Kormos|1wd0f|1998 CanLII 14958 (ON SC)|14 CR (5th) 312}}{{perONSC| Vaillancourt J}}{{atL|1wd0f|55}}<br>
</ref>

;"corruptly"
The term "corruptly" means "an act done by a man knowing that he was doing what was wrong and doing do with evil feelings and evil intentions."<ref>
{{CanLIIR-N|Butler| (1975), 26 CCC (2d) 445}}<br>
{{CanLIIRP|Brown|g15xf|1956 CanLII 154 (ON CA)}|116 CCC 287}{{perONCA|Laidlaw JA}}<br>
see also {{CanLIIRP|Guttman|gd559|1981 CanLII 3374 (QC CS)|64 CCC (2d) 342}}{{perQCCS|Boilard J}} citing Butler<br> 
The term "corruptly" is also found in [[Secret Commissions (Offence)]] and [[Miscellaneous Administration of Justice Offences|Corruptly taking reward for recovery of goods]]
</ref>
{{reflist|2}}

==Participation of Third Parties==
{{seealso|Role of the Victim and Third Parties|Testimonial Aids for Young, Disabled or Vulnerable Witnesses}}

; Testimonial Aids
{{3rdPTestimonyAids}}

; On Finding of Guilt
{{VictimHeader}} <!-- Sections / Notice of Agree / Notice of Restitution / Notice of VIS --> 
|s. 119 and 120 || || || |- 
{{VictimEnd}} 
{{606Notice5Y|s. 119 and 120}}

{{RestitutionNotice}}

{{VISNotice}}

==Sentencing Principles and Ranges==
{{seealsoSentencing}}

; Maximum Penalties
{{SProfileMaxHeader}}
{{SProfileMax|s. 119 {{DescrSec|119}} and <br>s. 120 {{DescrSec|120}}| {{NA}} | {{Max14Years}} }}
{{SProfileEnd}}

{{MaxPenaltyIndictment|s. 119 {{DescrSec|119}} and 120 {{DescrSec|120}}|'''{{Max14Years}}'''}}

; Minimum Penalties
{{NoMinimumPenalties}}

; Available Dispositions
 {{SProfileAvailHeader}}
|s. 119 {{DescrSec|119}}, <br>s. 120 {{DescrSec|120}}|| {{NA}}|| {{SProfileNoDischargeOrCSO}}
|-
{{SProfileEnd}}

{{NoDischargeAvailable|s. 119 and 120}}

{{NoCSOAvailable|C|s. 119 {{DescrSec|119}} and 120 {{DescrSec|120}}}}

A public official under s. 750 will be rendered ineligible to hold office.

===Principles===

===Ranges===
{{seealsoRanges|Bribery}}

==Ancillary Sentencing Orders==
{{seealso|Ancillary Orders}}
	
; Offence-specific Orders
{{AOrderHeader}}
| [[DNA Orders]] ||s. 119 {{DescrSec|119}} or 120 {{DescrSec|120}} ||
* {{SecondDNA(AorB)|s. 119 {{DescrSec|119}} or 120 {{DescrSec|120}}}}
{{AOrderEnd}}
; General Sentencing Orders
{{GeneralSentencingOrders}}

; General Forfeiture Orders
{{GeneralForfeitureOrders}}

==Record Suspensions and Pardons== 
{{RecordSuspension|s. 119 {{DescrSec|119}} or 120 {{DescrSec|120}}  }}

==History==
{{seealso|List of Criminal Code Amendments|Table of Concordance (Criminal Code)}}
Prior to 2007, s. 119 and 120 read:
{{quotation1|
; Bribery of judicial officers, etc.
119 (1) Every one who
:(a) being the holder of a judicial office, or being a member of Parliament or of the legislature of a province, corruptly
::(i) accepts or obtains,
::(ii) agrees to accept, or
::(iii) attempts to obtain,

any money, valuable consideration, office, place or employment for himself or another person in respect of anything done or omitted or to be done or omitted by him in his official capacity, or
:(b) gives or offers, corruptly, to a person mentioned in paragraph (a) any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by him in his official capacity for himself or another person,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

; Consent of Attorney General
(2) No proceedings against a person who holds a judicial office shall be instituted under this section without the consent in writing of the Attorney General of Canada.
<br>
R.S., c. C-34, s. 108.
|[http://canlii.ca/t/hzbm#sec119 CCC]
|{{NoteUp|}}
}}

{{quotation1|
; Bribery of officers
120. Every one who
:(a) being a justice, police commissioner, peace officer, public officer or officer of a juvenile court, or being employed in the administration of criminal law, corruptly
::(i) accepts or obtains,
::(ii) agrees to accept, or
::(iii) attempts to obtain,

for himself or any other person any money, valuable consideration, office, place or employment with intent
::(iv) to interfere with the administration of justice,
::(v) to procure or facilitate the commission of an offence, or
::(vi) to protect from detection or punishment a person who has committed or who intends to commit an offence, or
:(b) gives or offers, corruptly, to a person mentioned in paragraph (a) any money, valuable consideration, office, place or employment with intent that the person should do anything mentioned in subparagraph (a)(iv), (v) or (vi),

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
<br>
R.S., c. C-34, s. 109.
|[http://canlii.ca/t/hzbm#sec120 CCC]
|{{NoteUp|}}
}}

==See Also==
; Related Offences
* [[Secret Commissions (Offence)]]
; References
* [[Pre-Trial and Trial Motions Checklist]]