Intimidation (Sentencing Cases): Difference between revisions

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{{Currency|January 2016}}
[[fr:Intimidation (jurisprudence des peines)]]
{{Currency2|January|2016}}
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{{OffencesBoxMini|Intimidation}}
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==Offence Wording==
{{quotation2|
; Intimidation
423 (1) Every one 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, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,
:(a) uses violence or threats of violence to that person or their intimate partner or children, or injures the person’s property;
:(b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged;
:(c) persistently follows that person;
:(d) hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them;
:(e) with one or more other persons, follows that person, in a disorderly manner, on a highway;
:(f) besets or watches the place where that person resides, works, carries on business or happens to be; or
:(g) blocks or obstructs a highway.
{{removed|(2)}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 423;
{{LegHistory00s|2000, c. 12}}, s. 95;
{{LegHistory00s|2001, c. 32}}, s. 10;
{{LegHistory10s|2019, c. 25}}, s. 159.
|{{CCCSec2|423}}
|{{NoteUp|423|1|2}}
}}


==Case Digests==
==Case Digests==
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{{SCaseLong|{{CanLIIR-S|Ackert|glpw9|2015 SKQB 293 (CanLII)}}{{perSKQB|Tholl J}}|SK|SC | {{Suspended}} | {{SummaryPending}} }}
{{SCaseLong|{{CanLIIR-S|Ackert|glpw9|2015 SKQB 293 (CanLII)}}{{perSKQB|Tholl J}}|{{SK}}|SC | {{Suspended}} | {{FindSummaries|glpw9}} {{keywords|}} }}
 


{{SCaseLong|{{CanLIIR-S|Avrett|5lsg|2001 BCPC 281 (CanLII)}}{{perBCPC|Ellan J}} |BC|PC| {{Suspended}} | {{SummaryPending}} }}
{{SCaseLong|{{CanLIIR-S|Avrett|5lsg|2001 BCPC 281 (CanLII)}}{{perBCPC|Ellan J}} |{{BC}}|PC| {{Suspended}} | {{FindSummaries|5lsg}} {{keywords|}} }}


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Latest revision as of 13:02, 10 November 2024

This page was last substantively updated or reviewed January 2016. (Rev. # 96751)

Offence Wording

Intimidation

423 (1) Every one 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, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,

(a) uses violence or threats of violence to that person or their intimate partner or children, or injures the person’s property;
(b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged;
(c) persistently follows that person;
(d) hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them;
(e) with one or more other persons, follows that person, in a disorderly manner, on a highway;
(f) besets or watches the place where that person resides, works, carries on business or happens to be; or
(g) blocks or obstructs a highway.

[omitted (2)]

R.S., 1985, c. C-46, s. 423; 2000, c. 12, s. 95; 2001, c. 32, s. 10; 2019, c. 25, s. 159.

CCC (CanLII), (DOJ)


Note up: 423(1) and (2)

Case Digests

Case Name Prv. Crt. Sentence Summary
R v Ackert, 2015 SKQB 293 (CanLII), per Tholl J SK SC Suspended Sentence
Find summaries of case.
Keywords: None
R v Avrett, 2001 BCPC 281 (CanLII), per Ellan J BC PC Suspended Sentence
Find summaries of case.
Keywords: None