Miscellaneous Offences Against the Person: Difference between revisions

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[[fr:Infractions_diverses_contre_la_personne]]
{{LevelOne}}{{HeaderOffences}}
{{LevelOne}}{{HeaderOffences}}
==Trafficking in Human Organs==
{{quotation2|
; Removal without informed consent
240.‍1 (1) Everyone commits an offence who
:(a) obtains an organ to be transplanted into their body or into the body of another person, knowing that the person from whom it was removed or a person lawfully authorized to consent on behalf of the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not such consent was given;
:(b) carries out, participates in or facilitates the removal of an organ from the body of another person, knowing that the person from whom it was removed or a person lawfully authorized to consent on behalf of the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not such consent was given; or
:(c) does anything in connection with the removal of an organ from the body of another person on behalf of, at the direction of or in association with the person who removes the organ, knowing that the person from whom it was removed or a person lawfully authorized to consent on behalf of the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not such consent was given.
;Financial transaction
(2) Everyone commits an offence who obtains or participates in or facilitates the obtaining of an organ from the body of another person for the purposes of having that organ transplanted into their body or the body of another person, knowing that it was obtained for consideration or being reckless as to whether or not it was obtained for consideration.
; Punishment
(3) Everyone who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.<br>
{{LegHistory20s|2022, c. 18}}, s. 2.
|{{CCCSec2|240.‍1}}
|{{NoteUp|240.‍1}}
}}


==Failing to Obtain Assistance in Child Birth==
==Failing to Obtain Assistance in Child Birth==
{{Quotation|
{{quotation2|
; Neglect in Child-birth and Concealing Dead Body
; Neglect in Child-birth and Concealing Dead Body
; Neglect to obtain assistance in childbirth
242 A female person who, being pregnant and about to be delivered, with intent that the child shall not live or with intent to conceal the birth of the child, fails to make provision for reasonable assistance in respect of her delivery is, if the child is permanently injured as a result of the failure or dies immediately before, during or in a short time after birth, as a result of the failure, guilty of
:(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
:(b) an offence punishable on summary conviction.


; Neglect to obtain assistance in child-birth
R.S., {{LegHistory80s|1985, c. C-46}}, s. 242;
242. A female person who, being pregnant and about to be delivered, with intent that the child shall not live or with intent to conceal the birth of the child, fails to make provision for reasonable assistance in respect of her delivery is, if the child is permanently injured as a result thereof or dies immediately before, during or in a short time after birth, as a result thereof, guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years.
{{LegHistory10s|2019, c. 25}}, s. 82.


R.S., c. C-34, s. 226.
|{{CCCSec2|242}}
|[http://canlii.ca/t/7vf2#sec242 CCC]
|{{NoteUp|242}}
}}
}}
Section 242 does not apply to acts that occur after delivery of the fetus nor does it apply to acts resulting from a failure to obtain reasonable assistance.
<ref>
{{CanLIIRP|Bryan|htxfr|1959 CanLII 487 (ON CA)|123 CCC 160}}{{perONCA|Porter CJ}}
</ref>
{{reflist|2}}


==Concealing Body of Child==
==Concealing Body of Child==
{{Quotation|
{{quotation2|
; Concealing body of child
; Concealing body of child
243. Every one who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
243 Every person who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, is guilty of
:(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
:(b) an offence punishable on summary conviction.
 
R.S., {{LegHistory80s|1985, c. C-46}}, s. 243;
{{LegHistory10s|2019, c. 25}}, s. 82.


R.S., c. C-34, s. 227.
|{{CCCSec2|243}}
|[http://canlii.ca/t/7vf2#sec243 CCC]
|{{NoteUp|243}}
}}
}}


This offence only applies to the disposal of a child's remain who was born alive or would likely to have been born alive.<Ref>
{{CanLIIRP|Levkovic|fx94z|2013 SCC 25 (CanLII)|[2013] 2 SCR 204}}
</ref>
The ''mens rea'' requires that the accused knew the child was "likely to have been born alive."<ref>
{{ibid1|Levkovic}}
</ref>
Medical evidence would be necessary to prove whether the child was "likely" to have been born alive.<ref>
{{ibid1|Levkovic}}
</ref>
; Constitutionality
The offence under s. 243 is not unconstitutionally void.<ref>
{{ibid1|Levkovic}}
</ref>
{{reflist|2}}
==Traps likely to cause bodily harm==
==Traps likely to cause bodily harm==


{{Quotation|
{{quotation2|
; Traps likely to cause bodily harm
; Traps likely to cause bodily harm
247. (1) Every one is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years, who with intent to cause death or bodily harm to a person, whether ascertained or not,
247 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who with intent to cause death or bodily harm to a person, whether ascertained or not,
:(a) sets or places a trap, device or other thing that is likely to cause death or bodily harm to a person; or
:(a) sets or places a trap, device or other thing that is likely to cause death or bodily harm to a person; or
:(b) being in occupation or possession of a place, knowingly permits such a trap, device or other thing to remain in that place.
:(b) being in occupation or possession of a place, knowingly permits such a trap, device or other thing to remain in that place.


; Bodily harm
; Bodily harm
(2) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
(2) Every person who commits an offence under subsection (1), and by doing so causes bodily harm to any other person, is guilty of
:(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
:(b) an offence punishable on summary conviction.


; Offence-related place
; Offence-related place
(3) Every one who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, is guilty of an indictable offence and is liable to a term of imprisonment not exceeding ten years.
(3) Every person who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, is guilty of
:(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
:(b) an offence punishable on summary conviction.


; Offence-related place — bodily harm
; Offence-related place — bodily harm
Line 41: Line 98:
(5) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life.
(5) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life.


R.S., 1985, c. C-46, s. 247; 2004, c. 12, s. 6.
R.S., {{LegHistory80s|1985, c. C-46}}, s. 247;  
|[http://canlii.ca/t/7vf2#sec247 CCC]
{{LegHistory00s|2004, c. 12}}, s. 6;
{{LegHistory10s|2019, c. 25}}, s. 84.
|{{CCCSec2|247}}
|{{NoteUp|247|1|2|3|4|5}}
}}
}}


==Interfering with transportation facilities==
==Interfering with transportation facilities==
{{Quotation|
{{quotation2|
; Interfering with transportation facilities
; Interfering with transportation facilities
248. Every one who, with intent to endanger the safety of any person, places anything on or does anything to any property that is used for or in connection with the transportation of persons or goods by land, water or air that is likely to cause death or bodily harm to persons is guilty of an indictable offence and liable to imprisonment for life.
248. Every one who, with intent to endanger the safety of any person, places anything on or does anything to any property that is used for or in connection with the transportation of persons or goods by land, water or air that is likely to cause death or bodily harm to persons is guilty of an indictable offence and liable to imprisonment for life.


R.S., c. C-34, s. 232.
R.S., c. C-34, s. 232.
|[http://canlii.ca/t/7vf2#sec248 CCC]
|{{CCCSec2|248}}
|{{NoteUp|248}}
}}
}}


==Impeding attempt to save life==
==Impeding attempt to save life==
{{Quotation|
{{quotation2|
; Impeding attempt to save life
; Impeding attempt to save life
262. Every one who
262 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who
:(a) prevents or impedes or attempts to prevent or impede any person who is attempting to save his own life, or
:(a) prevents or impedes or attempts to prevent or impede any person who is attempting to save his own life, or
:(b) without reasonable cause prevents or impedes or attempts to prevent or impede any person who is attempting to save the life of another person,
:(b) without reasonable cause prevents or impedes or attempts to prevent or impede any person who is attempting to save the life of another person.
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.


R.S., c. C-34, s. 241.
R.S., {{LegHistory80s|1985, c. C-46}}, s. 262;
|[http://canlii.ca/t/7vf2#sec262 CCC]
{{LegHistory10s|2019, c. 25}}, s. 90
|{{CCCSec2|262}}
|{{NoteUp|262}}
}}
}}


==Duty to safeguard opening in ice==
==Duty to safeguard opening in ice==
{{Quotation|
{{quotation2|
; Duty to safeguard opening in ice
; Duty to safeguard opening in ice
263. (1) Every one who makes or causes to be made an opening in ice that is open to or frequented by the public is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the opening exists.
263 (1) Every one who makes or causes to be made an opening in ice that is open to or frequented by the public is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the opening exists.


; Excavation on land
; Excavation on land
Line 81: Line 143:


R.S., c. C-34, s. 242; 1980-81-82-83, c. 125, s. 18.
R.S., c. C-34, s. 242; 1980-81-82-83, c. 125, s. 18.
|[http://canlii.ca/t/7vf2#sec263 CCC]
|{{CCCSec2|263}}
|{{NoteUp|263|1|2|3}}
}}
}}


==Unlawfully Cause Bodily Harm==
==Unlawfully Cause Bodily Harm==


{{Quotation|
{{quotation2|
; Unlawfully causing bodily harm
; Unlawfully causing bodily harm
269. Every one who unlawfully causes bodily harm to any person is guilty of
269 Every one who unlawfully causes bodily harm to any person is guilty of
:(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or
:(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or
:(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
:(b) an offence punishable on summary conviction.


R.S., 1985, c. C-46, s. 269; 1994, c. 44, s. 18.
R.S., {{LegHistory80s|1985, c. C-46}}, s. 269;
|[http://canlii.ca/t/7vf2#sec269 CCC]
{{LegHistory|1994, c. 44}}, s. 18;
{{LegHistory10s|2019, c. 25}}, s. 94
|{{CCCSec2|269}}
|{{NoteUp|269}}
}}
}}


==Torture==
==Torture==


{{Quotation|
{{quotation2|
; Torture
; Torture
269.1 (1) Every official, or every person acting at the instigation of or with the consent or acquiescence of an official, who inflicts torture on any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
269.1 (1) Every official, or every person acting at the instigation of or with the consent or acquiescence of an official, who inflicts torture on any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.


; Definitions
; Definitions
(2) For the purposes of this section,
(2) For the purposes of this section,<br>
<br>...<br>
'''"official"''' means
“official” means
:(a) a peace officer,
 
:(b) a public officer,
(a) a peace officer,
:(c) a member of the Canadian Forces, or
(b) a public officer,
:(d) any person who may exercise powers, pursuant to a law in force in a foreign state, that would, in Canada, be exercised by a person referred to in paragraph (a), (b), or (c),
(c) a member of the Canadian Forces, or
whether the person exercises powers in Canada or outside Canada;<br>
(d) any person who may exercise powers, pursuant to a law in force in a foreign state, that would, in Canada, be exercised by a person referred to in paragraph (a), (b), or (c),
'''"torture"''' means any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person
whether the person exercises powers in Canada or outside Canada;
 
<br>...<br>
“torture” means any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person
:(a) for a purpose including
:(a) for a purpose including
::(i) obtaining from the person or from a third person information or a statement,
::(i) obtaining from the person or from a third person information or a statement,
Line 129: Line 191:


R.S., 1985, c. 10 (3rd Supp.), s. 2.
R.S., 1985, c. 10 (3rd Supp.), s. 2.
|[http://canlii.ca/t/7vf2#sec269.1 CCC]
|{{CCCSec2|269.1}}
|{{NoteUp|269.1|1|2|3|4}}
}}
}}


==Bigamy==
==Bigamy==
{{Quotation|
{{quotation2|
; Bigamy
; Bigamy
290. (1) Every one commits bigamy who
290 (1) Every one commits bigamy who
:(a) in Canada,
:(a) in Canada,
::(i) being married, goes through a form of marriage with another person,
::(i) being married, goes through a form of marriage with another person,
Line 159: Line 222:


R.S., c. C-34, s. 254.
R.S., c. C-34, s. 254.
|{{CCCSec2|290}}
|{{NoteUp|290|1|2|3|4|5}}
}}


{{quotation2|
; Punishment
; Punishment
291. (1) Every one who commits bigamy is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
291 (1) Every person who commits bigamy is guilty of
:(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
:(b) an offence punishable on summary conviction.


; Certificate of marriage
; Certificate of marriage
(2) For the purposes of this section, a certificate of marriage issued under the authority of law is evidence of the marriage or form of marriage to which it relates without proof of the signature or official character of the person by whom it purports to be signed.
(2) For the purposes of this section, a certificate of marriage issued under the authority of law is evidence of the marriage or form of marriage to which it relates without proof of the signature or official character of the person by whom it purports to be signed.


R.S., c. C-34, s. 255.
R.S., {{LegHistory80s|1985, c. C-46}}, s. 291;
|[http://canlii.ca/t/7vf2#sec290 CCC]
{{LegHistory10s|2019, c. 25}}, s. 112.
|{{CCCSec2|291}}
|{{NoteUp|291|1|2}}
}}
}}


==Procuring feigned Marriage==
==Procuring Feigned Marriage==
{{Quotation|
{{quotation2|
; Procuring feigned marriage
; Procuring feigned marriage
292. (1) Every person who procures or knowingly aids in procuring a feigned marriage between himself and another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
292 (1) Every person who procures or knowingly aids in procuring a feigned marriage between themselves and another person is guilty of
:(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
:(b) an offence punishable on summary conviction.


; Corroboration
; Corroboration
(2) No person shall be convicted of an offence under this section on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.
(2) No person shall be convicted of an offence under this section on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.


R.S., c. C-34, s. 256; 1980-81-82-83, c. 125, s. 21.
R.S., {{LegHistory80s|1985, c. C-46}}, s. 292;
|[http://canlii.ca/t/7vf2#sec292 CCC]
{{LegHistory10s|2019, c. 25}}, s. 113.
|{{CCCSec2|292}}
|{{NoteUp|292|1|2}}
}}
}}


==Polygamy==
==Polygamy==
{{Quotation|
{{quotation2|
; Polygamy
; Polygamy
293. (1) Every one who
293 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
:(a) practises or enters into or in any manner agrees or consents to practise or enter into
:(a) practises or enters into or in any manner agrees or consents to practise or enter into any form of polygamy or any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage; or
::(i) any form of polygamy, or
:(b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in paragraph (a).
::(ii) any kind of conjugal union with more than one person at the same time,
whether or not it is by law recognized as a binding form of marriage, or
:(b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in subparagraph (a)(i) or (ii),
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.


; Evidence in case of polygamy
; Evidence in case of polygamy
(2) Where an accused is charged with an offence under this section, no averment or proof of the method by which the alleged relationship was entered into, agreed to or consented to is necessary in the indictment or on the trial of the accused, nor is it necessary on the trial to prove that the persons who are alleged to have entered into the relationship had or intended to have sexual intercourse.
(2) Where an accused is charged with an offence under this section, no averment or proof of the method by which the alleged relationship was entered into, agreed to or consented to is necessary in the indictment or on the trial of the accused, nor is it necessary on the trial to prove that the persons who are alleged to have entered into the relationship had or intended to have sexual intercourse.


R.S., c. C-34, s. 257.
R.S., {{LegHistory80s|1985, c. C-46}}, s. 293;
|[http://canlii.ca/t/7vf2#sec293 CCC]
{{LegHistory10s|2019, c. 25}}, s. 114.
|{{CCCSec2|293}}
|{{NoteUp|293|1|2}}
}}
}}


Line 204: Line 277:
==Forced Marriage==
==Forced Marriage==


{{quotation|
{{quotation2|
; Forced marriage
; Forced marriage
293.1 Everyone who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is marrying against their will is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
293.1 Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is marrying against their will is guilty of
<br>
:(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
2015, c. 29, s. 9.
:(b) an offence punishable on summary conviction.
|
 
{{LegHistory10s|2015, c. 29}}, s. 9;
{{LegHistory10s|2019, c. 25}}, s. 115.
|{{CCCSec2|293.1}}
|{{NoteUp|293.1}}
}}
}}
{{quotation|
 
{{quotation2|
; Marriage under age of 16 years
; Marriage under age of 16 years
293.2 Everyone who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
293.2 Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years is guilty of
<br>
:(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
2015, c. 29, s. 9.
:(b) an offence punishable on summary conviction.
|[http://canlii.ca/t/7vf2#sec293.1 CCC]
 
{{LegHistory10s|2015, c. 29}}, s. 9;
{{LegHistory10s|2019, c. 25}}, s. 115.
|{{CCCSec2|293.2}}
|{{NoteUp|293.2}}
}}
}}
On September 19, 2019, s. 293.3 was repealed by Bill C-75 at s. 115.


==Unlawful Solemnization of Marriage==
==Unlawful Solemnization of Marriage==
{{Quotation|
{{quotation2|
; Unlawful Solemnization of Marriage
; Unlawful Solemnization of Marriage
; Pretending to solemnize marriage
; Pretending to solemnize marriage
294. Every one who
294 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
:(a) solemnizes or pretends to solemnize a marriage without lawful authority, the proof of which lies on him, or
:(a) solemnizes or pretends to solemnize a marriage without lawful authority; or
:(b) procures a person to solemnize a marriage knowing that he is not lawfully authorized to solemnize the marriage,
:(b) procures a person to solemnize a marriage knowing that he is not lawfully authorized to solemnize the marriage.
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.


R.S., c. C-34, s. 258.
R.S., {{LegHistory80s|1985, c. C-46}}, s. 294;
|[http://canlii.ca/t/7vf2#sec294 CCC]
{{LegHistory10s|2018, c. 29}}, s. 29;
{{LegHistory10s|2019, c. 25}}, s. 116.
|{{CCCSec2|294}}
|{{NoteUp|294}}
}}
}}


==Marriage Contrary to Law==
==Marriage Contrary to Law==
{{Quotation|
{{quotation2|
; Marriage contrary to law
; Marriage contrary to law
295 Everyone who, being lawfully authorized to solemnize marriage, knowingly solemnizes a marriage in contravention of federal law or the laws of the province in which the marriage is solemnized is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
295 Every person who, being lawfully authorized to solemnize marriage, knowingly solemnizes a marriage in contravention of federal law or the laws of the province in which the marriage is solemnized is guilty of
<br>
:(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
R.S., 1985, c. C-46, s. 295; 2015, c. 29, s. 10.
:(b) an offence punishable on summary conviction.


|[http://canlii.ca/t/7vf2#sec295 CCC]
R.S., {{LegHistory80s|1985, c. C-46}}, s. 295;
{{LegHistory10s|2015, c. 29}}, s. 10;
{{LegHistory10s|2019, c. 25}}, s. 117.
|{{CCCSec2|295}}
|{{NoteUp|295}}
}}
}}


==Blasphemous Libel==
On September 19, 2019, s. 295 was amended by Bill C-75 s. 117.
{{Quotation|
; Blasphemous Libel
; Offence
296. (1) Every one who publishes a blasphemous libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
 
; Question of fact
(2) It is a question of fact whether or not any matter that is published is a blasphemous libel.
 
; Saving
(3) No person shall be convicted of an offence under this section for expressing in good faith and in decent language, or attempting to establish by argument used in good faith and conveyed in decent language, an opinion on a religious subject.
 
R.S., c. C-34, s. 260.
|[http://canlii.ca/t/7vf2#sec296 CCC]
}}


==Misc Related Definitions==
==Misc Related Definitions==
{{quotation|
{{quotation2|
; Interpretation
; Interpretation
; Definitions
; Definitions
214 In this Part,<br>
214 In this Part {{AnnSec|Part VIII}},<br>
'''aircraft''' does not include a machine designed to derive support in the atmosphere primarily from reactions against the earth’s surface of air expelled from the machine; (aéronef)
{{ellipsis}}
<br>...<br>
'''"aircraft"''' [Repealed, 2018, c. 21, s. 13]<br>
'''form of marriage''' includes a ceremony of marriage that is recognized as valid
'''"child"''' [Repealed, 2002, c. 13, s. 9]<Br>
'''"form of marriage"''' includes a ceremony of marriage that is recognized as valid
:(a) by the law of the place where it was celebrated, or
:(a) by the law of the place where it was celebrated, or
:(b) by the law of the place where an accused is tried, notwithstanding that it is not recognized as valid by the law of the place where it was celebrated; (formalité de mariage)
:(b) by the law of the place where an accused is tried, notwithstanding that it is not recognized as valid by the law of the place where it was celebrated; (formalité de mariage)
<br>
<br>
'''guardian''' includes a person who has in law or in fact the custody or control of a child; (tuteur)
'''"guardian"''' includes a person who has in law or in fact the custody or control of a child; (tuteur)
<br>
'''vessel''' includes a machine designed to derive support in the atmosphere primarily from reactions against the earth’s surface of air expelled from the machine. (bateau)
<br>
R.S., 1985, c. C-46, s. 214; R.S., 1985, c. 27 (1st Supp.), s. 33, c. 32 (4th Supp.), s. 56; 2002, c. 13, s. 9.
|[{{CCCSec|214}} CCC]
}}
 
==Repealed Offences==
===Failure to keep watch on person towed===
{{Quotation|
; Failure to keep watch on person towed
250. (1) Every one who operates a vessel while towing a person on any water skis, surf-board, water sled or other object, when there is not on board such vessel another responsible person keeping watch on the person being towed, is guilty of an offence punishable on summary conviction.
 
; Towing of person after dark
(2) Every one who operates a vessel while towing a person on any water skis, surf-board, water sled or other object during the period from one hour after sunset to sunrise is guilty of an offence punishable on summary conviction.
 
R.S., 1985, c. C-46, s. 250; R.S., 1985, c. 27 (1st Supp.), s. 36.
|[http://canlii.ca/t/7vf2#sec250 CCC]
}}
 
===Unseaworthy vessel and unsafe aircraft===
{{Quotation|
; Unseaworthy vessel and unsafe aircraft
251. (1) Every one who knowingly
:(a) sends or being the master takes a vessel that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament and that is unseaworthy
::(i) on a voyage from a place in Canada to any other place in or out of Canada, or
::(ii) on a voyage from a place on the inland waters of the United States to a place in Canada,
:(b) sends an aircraft on a flight or operates an aircraft that is not fit and safe for flight, or
:(c) sends for operation or operates railway equipment that is not fit and safe for operation
and thereby endangers the life of any person, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
 
; Defences
(2) An accused shall not be convicted of an offence under this section where the accused establishes that,
:(a) in the case of an offence under paragraph (1)(a),
::(i) the accused used all reasonable means to ensure that the vessel was seaworthy, or
::(ii) to send or take the vessel while it was unseaworthy was, under the circumstances, reasonable and justifiable;
:(b) in the case of an offence under paragraph (1)(b),
::(i) the accused used all reasonable means to ensure that the aircraft was fit and safe for flight, or
::(ii) to send or operate the aircraft while it was not fit and safe for flight was, under the circumstances, reasonable and justifiable; and
:(c) in the case of an offence under paragraph (1)(c),
::(i) the accused used all reasonable means to ensure that the railway equipment was fit and safe for operation, or
::(ii) to send the railway equipment for operation or to operate it while it was not fit and safe for operation was, under the circumstances, reasonable and justifiable.
 
; Consent of Attorney General
(3) No proceedings shall be instituted under this section in respect of a vessel or aircraft, or in respect of railway equipment sent for operation or operated on a line of railway that is within the legislative authority of Parliament, without the consent in writing of the Attorney General of Canada.
 
R.S., 1985, c. C-46, s. 251; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 58.
|[http://canlii.ca/t/7vf2#sec251 CCC]
}}
 
===Unauthorized Use of Bodily Sample===
{{Quotation|
;Unauthorized use of bodily substance
258.1 (1) Subject to subsection (3) and subsections 258(4) and (5), no person shall use a bodily substance taken under paragraph 254(2)(b) or (c), subsection 254(3), (3.1), (3.3) or (3.4) or section 256 or with the consent of the person from whom it was taken after a request by a peace officer or medical samples that are provided by consent and subsequently seized under a warrant, except for the purpose of an analysis that is referred to in that provision or for which the consent is given.
<br>
;Unauthorized use or disclosure of results
(2) Subject to subsections (3) and (4), no person shall use, disclose or allow the disclosure of the results of physical coordination tests under paragraph 254(2)(a), the results of an evaluation under paragraph 254(3.1)(a), the results of the analysis of a bodily substance taken under paragraph 254(2)(b) or (c), subsection 254(3), (3.3) or (3.4) or section 256 or with the consent of the person from whom it was taken after a request by a peace officer, or the results of the analysis of medical samples that are provided by consent and subsequently seized under a warrant, except
:(a) in the course of an investigation of, or in a proceeding for, an offence under any of sections 220, 221, 236 and 249 to 255, an offence under Part I of the Aeronautics Act, or an offence under the Railway Safety Act in respect of a contravention of a rule or regulation made under that Act respecting the use of alcohol or a drug; or
:(b) for the purpose of the administration or enforcement of the law of a province.
 
;Exception
(3) Subsections (1) and (2) do not apply to persons who for medical purposes use samples or use or disclose the results of tests, taken for medical purposes, that are subsequently seized under a warrant.
<br>
;Exception
(4) The results of physical coordination tests, an evaluation or an analysis referred to in subsection (2) may be disclosed to the person to whom they relate, and may be disclosed to any other person if the results are made anonymous and the disclosure is made for statistical or other research purposes.
<br>
;Offence
(5) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.
<br>
<br>
2008, c. 6, s. 25; 2018, c. 21, s. 8.
'''"operate"''' [Repealed, 2018, c. 21, s. 13]<Br>
|[http://canlii.ca/t/7vf2#sec258.1 CCC]
'''"vessel"''' [Repealed, 2018, c. 21, s. 13]<Br>
}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 214;
 
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 33, c. 32 (4th Supp.), s. 56;
; Purpose
{{LegHistory00s|2002, c. 13}}, s. 9;
The clear purpose of s. 258.1 is to "protect the privacy of individuals who undergo testing procedures and evaluations described in ss. 254 and 256".<ref>
{{LegHistory10s|2018, c. 21}}, s. 13.
''R v Stipo'', [http://canlii.ca/t/h5vd1 2017 ONSC 5208] (CanLII){{perONSC|Schreck J}}{{at|41}}<br>
|{{CCCSec2|214}}
</ref>
|{{NoteUp|214}}
 
{{reflist|2}}
 
===Supplying Noxious Things===
{{quotation|
; Supplying noxious things
288 Every one who unlawfully supplies or procures a drug or other noxious thing or an instrument or thing, knowing that it is intended to be used or employed to procure the miscarriage of a female person, whether or not she is pregnant, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 252.
|[{{CCCSec|288}} CCC]
}}
}}


Latest revision as of 14:26, 14 July 2024

Trafficking in Human Organs

Removal without informed consent

240.‍1 (1) Everyone commits an offence who

(a) obtains an organ to be transplanted into their body or into the body of another person, knowing that the person from whom it was removed or a person lawfully authorized to consent on behalf of the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not such consent was given;
(b) carries out, participates in or facilitates the removal of an organ from the body of another person, knowing that the person from whom it was removed or a person lawfully authorized to consent on behalf of the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not such consent was given; or
(c) does anything in connection with the removal of an organ from the body of another person on behalf of, at the direction of or in association with the person who removes the organ, knowing that the person from whom it was removed or a person lawfully authorized to consent on behalf of the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not such consent was given.
Financial transaction

(2) Everyone commits an offence who obtains or participates in or facilitates the obtaining of an organ from the body of another person for the purposes of having that organ transplanted into their body or the body of another person, knowing that it was obtained for consideration or being reckless as to whether or not it was obtained for consideration.

Punishment

(3) Everyone who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.
2022, c. 18, s. 2.

– CCC (CanLII), (DOJ)

Note up: 240.‍1

Failing to Obtain Assistance in Child Birth

Neglect in Child-birth and Concealing Dead Body
Neglect to obtain assistance in childbirth

242 A female person who, being pregnant and about to be delivered, with intent that the child shall not live or with intent to conceal the birth of the child, fails to make provision for reasonable assistance in respect of her delivery is, if the child is permanently injured as a result of the failure or dies immediately before, during or in a short time after birth, as a result of the failure, guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 242; 2019, c. 25, s. 82.

– CCC (CanLII), (DOJ)

Note up: 242

Section 242 does not apply to acts that occur after delivery of the fetus nor does it apply to acts resulting from a failure to obtain reasonable assistance. [1]

  1. ↑ R v Bryan, 1959 CanLII 487 (ON CA), 123 CCC 160, per Porter CJ

Concealing Body of Child

Concealing body of child

243 Every person who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 243; 2019, c. 25, s. 82.

– CCC (CanLII), (DOJ)

Note up: 243

This offence only applies to the disposal of a child's remain who was born alive or would likely to have been born alive.[1] The mens rea requires that the accused knew the child was "likely to have been born alive."[2]

Medical evidence would be necessary to prove whether the child was "likely" to have been born alive.[3]

Constitutionality

The offence under s. 243 is not unconstitutionally void.[4]

  1. ↑ R v Levkovic, 2013 SCC 25 (CanLII), [2013] 2 SCR 204
  2. ↑ Levkovic, ibid.
  3. ↑ Levkovic, ibid.
  4. ↑ Levkovic, ibid.

Traps likely to cause bodily harm

Traps likely to cause bodily harm

247 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who with intent to cause death or bodily harm to a person, whether ascertained or not,

(a) sets or places a trap, device or other thing that is likely to cause death or bodily harm to a person; or
(b) being in occupation or possession of a place, knowingly permits such a trap, device or other thing to remain in that place.
Bodily harm

(2) Every person who commits an offence under subsection (1), and by doing so causes bodily harm to any other person, is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction.
Offence-related place

(3) Every person who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction.
Offence-related place — bodily harm

(4) Every one who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, and thereby causes bodily harm to a person is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years.

Death

(5) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life.

R.S., 1985, c. C-46, s. 247; 2004, c. 12, s. 6; 2019, c. 25, s. 84.

– CCC (CanLII), (DOJ)

Note up: 247(1), (2), (3), (4), and (5)

Interfering with transportation facilities

Interfering with transportation facilities

248. Every one who, with intent to endanger the safety of any person, places anything on or does anything to any property that is used for or in connection with the transportation of persons or goods by land, water or air that is likely to cause death or bodily harm to persons is guilty of an indictable offence and liable to imprisonment for life.

R.S., c. C-34, s. 232.

– CCC (CanLII), (DOJ)

Note up: 248

Impeding attempt to save life

Impeding attempt to save life

262 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who

(a) prevents or impedes or attempts to prevent or impede any person who is attempting to save his own life, or
(b) without reasonable cause prevents or impedes or attempts to prevent or impede any person who is attempting to save the life of another person.

R.S., 1985, c. C-46, s. 262; 2019, c. 25, s. 90

– CCC (CanLII), (DOJ)

Note up: 262

Duty to safeguard opening in ice

Duty to safeguard opening in ice

263 (1) Every one who makes or causes to be made an opening in ice that is open to or frequented by the public is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the opening exists.

Excavation on land

(2) Every one who leaves an excavation on land that he owns or of which he has charge or supervision is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the excavation exists.

Offences

(3) Every one who fails to perform a duty imposed by subsection (1) or (2) is guilty of

(a) manslaughter, if the death of any person results therefrom;
(b) an offence under section 269, if bodily harm to any person results therefrom; or
(c) an offence punishable on summary conviction.

R.S., c. C-34, s. 242; 1980-81-82-83, c. 125, s. 18.

– CCC (CanLII), (DOJ)

Note up: 263(1), (2) and (3)

Unlawfully Cause Bodily Harm

Unlawfully causing bodily harm

269 Every one who unlawfully causes bodily harm to any person is guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 269; 1994, c. 44, s. 18; 2019, c. 25, s. 94

– CCC (CanLII), (DOJ)

Note up: 269

Torture

Torture

269.1 (1) Every official, or every person acting at the instigation of or with the consent or acquiescence of an official, who inflicts torture on any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Definitions

(2) For the purposes of this section,
"official" means

(a) a peace officer,
(b) a public officer,
(c) a member of the Canadian Forces, or
(d) any person who may exercise powers, pursuant to a law in force in a foreign state, that would, in Canada, be exercised by a person referred to in paragraph (a), (b), or (c),

whether the person exercises powers in Canada or outside Canada;
"torture" means any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person

(a) for a purpose including
(i) obtaining from the person or from a third person information or a statement,
(ii) punishing the person for an act that the person or a third person has committed or is suspected of having committed, and
(iii) intimidating or coercing the person or a third person, or
(b) for any reason based on discrimination of any kind,

but does not include any act or omission arising only from, inherent in or incidental to lawful sanctions.

No defence

(3) It is no defence to a charge under this section that the accused was ordered by a superior or a public authority to perform the act or omission that forms the subject-matter of the charge or that the act or omission is alleged to have been justified by exceptional circumstances, including a state of war, a threat of war, internal political instability or any other public emergency.

Evidence

(4) In any proceedings over which Parliament has jurisdiction, any statement obtained as a result of the commission of an offence under this section is inadmissible in evidence, except as evidence that the statement was so obtained.

R.S., 1985, c. 10 (3rd Supp.), s. 2.

– CCC (CanLII), (DOJ)

Note up: 269.1(1), (2), (3), and (4)

Bigamy

Bigamy

290 (1) Every one commits bigamy who

(a) in Canada,
(i) being married, goes through a form of marriage with another person,
(ii) knowing that another person is married, goes through a form of marriage with that person, or
(iii) on the same day or simultaneously, goes through a form of marriage with more than one person; or
(b) being a Canadian citizen resident in Canada leaves Canada with intent to do anything mentioned in subparagraphs (a)(i) to (iii) and, pursuant thereto, does outside Canada anything mentioned in those subparagraphs in circumstances mentioned therein.
Matters of defence

(2) No person commits bigamy by going through a form of marriage if

(a) that person in good faith and on reasonable grounds believes that his spouse is dead;
(b) the spouse of that person has been continuously absent from him for seven years immediately preceding the time when he goes through the form of marriage, unless he knew that his spouse was alive at any time during those seven years;
(c) that person has been divorced from the bond of the first marriage; or
(d) the former marriage has been declared void by a court of competent jurisdiction.
Incompetency no defence

(3) Where a person is alleged to have committed bigamy, it is not a defence that the parties would, if unmarried, have been incompetent to contract marriage under the law of the place where the offence is alleged to have been committed.

Validity presumed

(4) Every marriage or form of marriage shall, for the purpose of this section, be deemed to be valid unless the accused establishes that it was invalid.

Act or omission by accused

(5) No act or omission on the part of an accused who is charged with bigamy invalidates a marriage or form of marriage that is otherwise valid.

R.S., c. C-34, s. 254.

– CCC (CanLII), (DOJ)

Note up: 290(1), (2), (3), (4), and (5)

Punishment

291 (1) Every person who commits bigamy is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
Certificate of marriage

(2) For the purposes of this section, a certificate of marriage issued under the authority of law is evidence of the marriage or form of marriage to which it relates without proof of the signature or official character of the person by whom it purports to be signed.

R.S., 1985, c. C-46, s. 291; 2019, c. 25, s. 112.

– CCC (CanLII), (DOJ)

Note up: 291(1) and (2)

Procuring Feigned Marriage

Procuring feigned marriage

292 (1) Every person who procures or knowingly aids in procuring a feigned marriage between themselves and another person is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
Corroboration

(2) No person shall be convicted of an offence under this section on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.

R.S., 1985, c. C-46, s. 292; 2019, c. 25, s. 113.

– CCC (CanLII), (DOJ)

Note up: 292(1) and (2)

Polygamy

Polygamy

293 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

(a) practises or enters into or in any manner agrees or consents to practise or enter into any form of polygamy or any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage; or
(b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in paragraph (a).
Evidence in case of polygamy

(2) Where an accused is charged with an offence under this section, no averment or proof of the method by which the alleged relationship was entered into, agreed to or consented to is necessary in the indictment or on the trial of the accused, nor is it necessary on the trial to prove that the persons who are alleged to have entered into the relationship had or intended to have sexual intercourse.

R.S., 1985, c. C-46, s. 293; 2019, c. 25, s. 114.

– CCC (CanLII), (DOJ)

Note up: 293(1) and (2)

Section 4(5) states that "For the purposes of this Act, sexual intercourse is complete on penetration to even the slightest degree, notwithstanding that seed is not emitted."

Forced Marriage

Forced marriage

293.1 Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is marrying against their will is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.

2015, c. 29, s. 9; 2019, c. 25, s. 115.

– CCC (CanLII), (DOJ)

Note up: 293.1

Marriage under age of 16 years

293.2 Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.

2015, c. 29, s. 9; 2019, c. 25, s. 115.

– CCC (CanLII), (DOJ)

Note up: 293.2

On September 19, 2019, s. 293.3 was repealed by Bill C-75 at s. 115.

Unlawful Solemnization of Marriage

Unlawful Solemnization of Marriage
Pretending to solemnize marriage

294 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

(a) solemnizes or pretends to solemnize a marriage without lawful authority; or
(b) procures a person to solemnize a marriage knowing that he is not lawfully authorized to solemnize the marriage.

R.S., 1985, c. C-46, s. 294; 2018, c. 29, s. 29; 2019, c. 25, s. 116.

– CCC (CanLII), (DOJ)

Note up: 294

Marriage Contrary to Law

Marriage contrary to law

295 Every person who, being lawfully authorized to solemnize marriage, knowingly solemnizes a marriage in contravention of federal law or the laws of the province in which the marriage is solemnized is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 295; 2015, c. 29, s. 10; 2019, c. 25, s. 117.

– CCC (CanLII), (DOJ)

Note up: 295

On September 19, 2019, s. 295 was amended by Bill C-75 s. 117.

Misc Related Definitions

Interpretation
Definitions

214 In this Part [Pt. VIII – Offences Against the Person and Reputation (ss. 214 to 320.1)],
...
 "aircraft" [Repealed, 2018, c. 21, s. 13]
"child" [Repealed, 2002, c. 13, s. 9]
"form of marriage" includes a ceremony of marriage that is recognized as valid

(a) by the law of the place where it was celebrated, or
(b) by the law of the place where an accused is tried, notwithstanding that it is not recognized as valid by the law of the place where it was celebrated; (formalité de mariage)


"guardian" includes a person who has in law or in fact the custody or control of a child; (tuteur)
"operate" [Repealed, 2018, c. 21, s. 13]
"vessel" [Repealed, 2018, c. 21, s. 13]
R.S., 1985, c. C-46, s. 214; R.S., 1985, c. 27 (1st Supp.), s. 33, c. 32 (4th Supp.), s. 56; 2002, c. 13, s. 9; 2018, c. 21, s. 13.

– CCC (CanLII), (DOJ)

Note up: 214

See Also

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