Miscellaneous Administration of Justice Offences: Difference between revisions

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==Selling etc. Tobacco Products==
==Selling etc. Tobacco Products==


{{quotation|
{{quotation2|
'''Selling, etc., of tobacco products and raw leaf tobacco'''<br>
; Selling, etc., of tobacco products and raw leaf tobacco
121.1 (1) No person shall sell, offer for sale, transport, deliver, distribute or have in their possession for the purpose of sale a tobacco product, or raw leaf tobacco that is not packaged, unless it is stamped. The terms tobacco product, raw leaf tobacco, packaged and stamped have the same meanings as in section 2 of the Excise Act, 2001.
121.1 (1) No person shall sell, offer for sale, transport, deliver, distribute or have in their possession for the purpose of sale a tobacco product, or raw leaf tobacco that is not packaged, unless it is stamped. The terms tobacco product, raw leaf tobacco, packaged and stamped have the same meanings as in section 2 of the Excise Act, 2001.


'''Exceptions — subsections 30(2) and 32(2) and (3) of Excise Act, 2001'''<br>
; Exceptions — subsections 30(2) and 32(2) and (3) of Excise Act, 2001
(2) Subsection (1) does not apply in any of the circumstances described in any of subsections 30(2) and 32(2) and (3) of the Excise Act, 2001.
(2) Subsection (1) does not apply in any of the circumstances described in any of subsections 30(2) and 32(2) and (3) of the ''Excise Act'', 2001.
<br>
<br>
'''Exception — section 31 of Excise Act, 2001'''<br>
; Exception — section 31 of Excise Act, 2001
(3) A tobacco grower does not contravene subsection (1) by reason only that they have in their possession raw leaf tobacco described in paragraph 31(a), (b) or (c) of the Excise Act, 2001.
(3) A tobacco grower does not contravene subsection (1) by reason only that they have in their possession raw leaf tobacco described in paragraph 31(a), (b) or (c) of the Excise Act, 2001.
<br>
<br>
Line 21: Line 21:
::(ii) in the case of a third offence, to a minimum punishment of imprisonment for a term of 180 days, and
::(ii) in the case of a third offence, to a minimum punishment of imprisonment for a term of 180 days, and
::(iii) in the case of a fourth or subsequent offence, to a minimum punishment of imprisonment for a term of two years less a day; or
::(iii) in the case of a fourth or subsequent offence, to a minimum punishment of imprisonment for a term of two years less a day; or
:(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than six months.
:(b) is guilty of an offence punishable on summary conviction.
 
; Subsequent offences
; Subsequent offences
(5) For the purpose of determining whether a convicted person has committed a second or subsequent offence, an offence under this section for which the person was previously convicted is considered to be an earlier offence whether it was prosecuted by indictment or by way of summary conviction proceedings.
(5) For the purpose of determining whether a convicted person has committed a second or subsequent offence, an offence under this section for which the person was previously convicted is considered to be an earlier offence whether it was prosecuted by indictment or by way of summary conviction proceedings.


2014, c. 23, s. 3.
{{LegHistory10s|2014, c. 23}}, s. 3;
|[http://canlii.ca/t/7vf2#sec121.1 CCC]
{{LegHistory10s|2019, c. 25}}, s. 34.
|{{CCCSec2|121.1}}
|{{NoteUp|121.1|1|2|3|4|5}}
}}
}}
==Municipal Corruption==
==Municipal Corruption==
'''Corruption and Disobedience'''
'''Corruption and Disobedience'''
{{quotation|
{{quotation2|
; Municipal corruption
; Municipal corruption
123. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who directly or indirectly gives, offers or agrees to give or offer to a municipal official or to anyone for the benefit of a municipal official — or, being a municipal official, directly or indirectly demands, accepts or offers or agrees to accept from any person for themselves or another person — a loan, reward, advantage or benefit of any kind as consideration for the official
123 (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 directly or indirectly gives, offers or agrees to give or offer to a municipal official or to anyone for the benefit of a municipal official — or, being a municipal official, directly or indirectly demands, accepts or offers or agrees to accept from any person for themselves or another person — a loan, reward, advantage or benefit of any kind as consideration for the official
:(a) to abstain from voting at a meeting of the municipal council or a committee of the council;
:(a) to abstain from voting at a meeting of the municipal council or a committee of the council;
:(b) to vote in favour of or against a measure, motion or resolution;
:(b) to vote in favour of or against a measure, motion or resolution;
Line 39: Line 41:
:(d) to perform or fail to perform an official act.
:(d) to perform or fail to perform an official act.


'''Influencing municipal official'''<br>
; Influencing municipal official
(2) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who influences or attempts to influence a municipal official to do anything mentioned in paragraphs (1)(a) to (d) by
(2) 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 influences or attempts to influence a municipal official to do anything mentioned in paragraphs (1)(a) to (d) by
:(a) suppression of the truth, in the case of a person who is under a duty to disclose the truth;
:(a) suppression of the truth, in the case of a person who is under a duty to disclose the truth;
:(b) threats or deceit; or
:(b) threats or deceit; or
:(c) any unlawful means.
:(c) any unlawful means.


'''Definition of “municipal official”'''<br>
; Definition of municipal official
(3) In this section, “municipal official” means a member of a municipal council or a person who holds an office under a municipal government.
(3) In this section, municipal official means a member of a municipal council or a person who holds an office under a municipal government.
<br>
 
R.S., 1985, c. C-46, s. 123; R.S., 1985, c. 27 (1st Supp.), s. 16; 2007, c. 13, s. 6.
R.S., {{LegHistory80s|1985, c. C-46}}, s. 123;
|[http://canlii.ca/t/7vf2#sec123 CCC]
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 16;
{{LegHistory00s|2007, c. 13}}, s. 6;
{{LegHistory10s|2019, c. 25}}, s. 36.
|{{CCCSec2|123}}
|{{NoteUp|123|1|2|3}}
}}
}}


==Selling or Purchasing Public Office==
==Selling or Purchasing Public Office==
{{quotation|
{{quotation2|
'''Selling or purchasing office'''<br>
; Selling or purchasing office
124. Every one who
124 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) purports to sell or agrees to sell an appointment to or a resignation from an office, or a consent to any such appointment or resignation, or receives or agrees to receive a reward or profit from the purported sale thereof, or
:(a) purports to sell or agrees to sell an appointment to or a resignation from an office, or a consent to any such appointment or resignation, or receives or agrees to receive a reward or profit from the purported sale thereof, or
:(b) purports to purchase or gives a reward or profit for the purported purchase of any such appointment, resignation or consent, or agrees or promises to do so,
:(b) purports to purchase or gives a reward or profit for the purported purchase of any such appointment, resignation or consent, or agrees or promises to do so.
 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.


R.S., c. C-34, s. 113.
R.S., {{LegHistory80s|1985, c. C-46}}, s. 124;
|[http://canlii.ca/t/7vf2#sec124 CCC]
{{LegHistory10s|2019, c. 25}}, s. 37.
|{{CCCSec2|124}}
|{{NoteUp|124}}
}}
}}


{{Quotation|
{{quotation2|
'''Influencing or negotiating appointments or dealing in offices'''<br>
; Influencing or negotiating appointments or dealing in offices
125. Every one who
125 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) receives, agrees to receive, gives or procures to be given, directly or indirectly, a reward, advantage or benefit of any kind as consideration for cooperation, assistance or exercise of influence to secure the appointment of any person to an office,
:(a) receives, agrees to receive, gives or procures to be given, directly or indirectly, a reward, advantage or benefit of any kind as consideration for cooperation, assistance or exercise of influence to secure the appointment of any person to an office,
:(b) solicits, recommends or negotiates in any manner with respect to an appointment to or resignation from an office, in expectation of a direct or indirect reward, advantage or benefit, or
:(b) solicits, recommends or negotiates in any manner with respect to an appointment to or resignation from an office, in expectation of a direct or indirect reward, advantage or benefit, or
:(c) keeps without lawful authority, the proof of which lies on him, a place for transacting or negotiating any business relating to
:(c) keeps without lawful authority a place for transacting or negotiating any business relating to
::(i) the filling of vacancies in offices,
::(i) the filling of vacancies in offices,
::(ii) the sale or purchase of offices, or
::(ii) the sale or purchase of offices, or
::(iii) appointments to or resignations from offices,
::(iii) appointments to or resignations from offices.


is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., {{LegHistory80s|1985, c. C-46}}, s. 125;
{{LegHistory10s|2018, c. 29}}, s. 7;
{{LegHistory10s|2019, c. 25}}, s. 38.


R.S., c. C-34, s. 114.
|{{CCCSec2|125}}
|[http://canlii.ca/t/7vf2#sec124 CCC]
|{{NoteUp|125}}
}}
}}


==Disobeying a Statute or Court Order==
==Disobeying a Statute or Court Order==
{{quotation|
{{quotation2|
'''Disobeying a statute'''<br>
; Disobeying a statute
126. (1) Every one who, without lawful excuse, contravenes an Act of Parliament by wilfully doing anything that it forbids or by wilfully omitting to do anything that it requires to be done is, unless a punishment is expressly provided by law, guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
126 (1) Every person who, without lawful excuse, contravenes an Act of Parliament by intentionally doing anything that it forbids or by intentionally omitting to do anything that it requires to be done is, unless a punishment is expressly provided by law, 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.


'''Attorney General of Canada may act'''<br>
; Attorney General of Canada may act
(2) Any proceedings in respect of a contravention of or conspiracy to contravene an Act mentioned in subsection (1), other than this Act, may be instituted at the instance of the Government of Canada and conducted by or on behalf of that Government.
(2) Any proceedings in respect of a contravention of or conspiracy to contravene an Act mentioned in subsection (1), other than this Act, may be instituted at the instance of the Government of Canada and conducted by or on behalf of that Government.


R.S., 1985, c. C-46, s. 126; R.S., 1985, c. 27 (1st Supp.), s. 185(F).
R.S., {{LegHistory80s|1985, c. C-46}}, s. 126;
|[http://canlii.ca/t/7vf2#sec126 CCC]
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 185(F);
{{LegHistory10s|2019, c. 25}}, s. 39
|{{CCCSec2|126}}
|{{NoteUp|126|1|2}}
}}
}}
{{Quotation|
{{quotation2|
'''Disobeying order of court'''<br>
; Disobeying order of court
127. (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of
127 (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of
:(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or
:(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or
:(b) an offence punishable on summary conviction.
:(b) an offence punishable on summary conviction.


'''Attorney General of Canada may act'''<br>
; Attorney General of Canada may act
(2) Where the order referred to in subsection (1) was made in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, any proceedings in respect of a contravention of or conspiracy to contravene that order may be instituted and conducted in like manner.
(2) Where the order referred to in subsection (1) was made in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, any proceedings in respect of a contravention of or conspiracy to contravene that order may be instituted and conducted in like manner.


R.S., 1985, c. C-46, s. 127; R.S., 1985, c. 27 (1st Supp.), s. 185(F); 2005, c. 32, s. 1.
R.S., {{LegHistory80s|1985, c. C-46}}, s. 127; R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 185(F); {{LegHistory00s|2005, c. 32}}, s. 1.
|[http://canlii.ca/t/7vf2#sec127 CCC]
|{{CCCSec2|127}}
|{{NoteUp|127|1|2}}
}}
}}


==Misconduct in Executing Process==
==Misconduct in Executing Process==
{{quotation|
{{quotation2|
'''Misconduct of officers executing process'''<br>
; Misconduct of officers executing process
128. Every peace officer or coroner who, being entrusted with the execution of a process, wilfully
128 Every peace officer or coroner 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, being entrusted with the execution of a process, intentionally
:(a) misconducts himself in the execution of the process, or
:(a) misconducts himself in the execution of the process, or
:(b) makes a false return to the process,
:(b) makes a false return to the process.
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.


R.S., c. C-34, s. 117.
R.S., {{LegHistory80s|1985, c. C-46}}, s. 128;
|[http://canlii.ca/t/7vf2#sec128 CCC]
{{LegHistory10s|2019, c. 25}}, s. 40
|{{CCCSec2|128}}
|{{NoteUp|128}}
}}
}}


==False Affidavit==
==False Affidavit==


{{quotation|
{{quotation2|
'''Offences relating to affidavits'''<br>
; Offences relating to affidavits
138. Every one who
138 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) signs a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared before him when the writing was not so sworn or declared or when he knows that he has no authority to administer the oath or declaration,
:(a) signs a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared before him when the writing was not so sworn or declared or when he knows that he has no authority to administer the oath or declaration,
:(b) uses or offers for use any writing purporting to be an affidavit or statutory declaration that he knows was not sworn or declared, as the case may be, by the affiant or declarant or before a person authorized in that behalf, or
:(b) uses or offers for use any writing purporting to be an affidavit or statutory declaration that he knows was not sworn or declared, as the case may be, by the affiant or declarant or before a person authorized in that behalf, or
:(c) signs as affiant or declarant a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared by him, as the case may be, when the writing was not so sworn or declared,
:(c) signs as affiant or declarant a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared by him, as the case may be, when the writing was not so sworn or declared.
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.


R.S., c. C-34, s. 126.
R.S., {{LegHistory80s|1985, c. C-46}}, s. 138
|[http://canlii.ca/t/7vf2#sec138 CCC]
{{LegHistory10s|2019, c. 25}}, s. 42.
|{{CCCSec2|138}}
|{{NoteUp|138}}
}}
}}


{{Quotation|
==Hiding an Offence==
'''Compounding indictable offence'''<br>
{{quotation2|
141. (1) Every one who asks for or obtains or agrees to receive or obtain any valuable consideration for himself or any other person by agreeing to compound or conceal an indictable offence is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
; Compounding indictable offence
141 (1) Every person who asks for or obtains or agrees to receive or obtain any valuable consideration for themselves or any other person by agreeing to compound or conceal an indictable offence 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.


'''Exception for diversion agreements'''<br>
; Exception for diversion agreements
(2) No offence is committed under subsection (1) where valuable consideration is received or obtained or is to be received or obtained under an agreement for compensation or restitution or personal services that is
(2) No offence is committed under subsection (1) where valuable consideration is received or obtained or is to be received or obtained under an agreement for compensation or restitution or personal services that is
:(a) entered into with the consent of the Attorney General; or
:(a) entered into with the consent of the Attorney General; or
:(b) made as part of a program, approved by the Attorney General, to divert persons charged with indictable offences from criminal proceedings.
:(b) made as part of a program, approved by the Attorney General, to divert persons charged with indictable offences from criminal proceedings.


R.S., 1985, c. C-46, s. 141; R.S., 1985, c. 27 (1st Supp.), s. 19.
R.S., {{LegHistory80s|1985, c. C-46}}, s. 141;
|[http://canlii.ca/t/7vf2#sec141 CCC]
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 19;
{{LegHistory10s|2019, c. 25}}, s. 44.
|{{CCCSec2|141}}
|{{NoteUp|141|1|2}}
}}
}}


{{Quotation|
{{quotation2|
'''Corruptly taking reward for recovery of goods'''<br>
; Corruptly taking reward for recovery of goods
142. Every one who corruptly accepts any valuable consideration, directly or indirectly, under pretence or on account of helping any person to recover anything obtained by the commission of an indictable offence is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
142 Every person who corruptly accepts any valuable consideration, directly or indirectly, under pretence or on account of helping any person to recover anything obtained by the commission of an indictable offence is guilty of
 
:(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
R.S., c. C-34, s. 130.
|[http://canlii.ca/t/7vf2#sec142 CCC]
}}
 
{{Quotation|
'''Advertising reward and immunity'''<br>
143. Every one who
:(a) publicly advertises a reward for the return of anything that has been stolen or lost, and in the advertisement uses words to indicate that no questions will be asked if it is returned,
:(b) uses words in a public advertisement to indicate that a reward will be given or paid for anything that has been stolen or lost, without interference with or inquiry about the person who produces it,
:(c) promises or offers in a public advertisement to return to a person who has advanced money by way of loan on, or has bought, anything that has been stolen or lost, the money so advanced or paid, or any other sum of money for the return of that thing, or
:(d) prints or publishes any advertisement referred to in paragraph (a), (b) or (c),
is guilty of an offence punishable on summary conviction.
 
R.S., c. C-34, s. 131.
|[http://canlii.ca/t/7vf2#sec143 CCC]
}}
 
==Escape==
{{quotation|
'''Escape and being at large without excuse'''<br>
145. (1) Every one who
:(a) escapes from lawful custody, or
:(b) is, before the expiration of a term of imprisonment to which he was sentenced, at large in or out of Canada without lawful excuse, the proof of which lies on him,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.
 
'''Failure to attend court'''<br>
(2) Every one who,
:(a) being at large on his undertaking or recognizance given to or entered into before a justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court in accordance with the undertaking or recognizance, or
:(b) having appeared before a court, justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court as thereafter required by the court, justice or judge,
or to surrender himself in accordance with an order of the court, justice or judge, as the case may be, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.
 
'''Failure to comply with condition of undertaking or recognizance'''<br>
(3) Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition of that undertaking or recognizance, and every person who is bound to comply with a direction under subsection 515(12) or 522(2.1) or an order under subsection 516(2), and who fails, without lawful excuse, the proof of which lies on them, to comply with the condition, direction or order is guilty of
:(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
:(b) an offence punishable on summary conviction.
 
'''Failure to appear or to comply with summons'''<br>
(4) Every one who is served with a summons and who fails, without lawful excuse, the proof of which lies on him, to appear at a time and place stated therein, if any, for the purposes of the Identification of Criminals Act or to attend court in accordance therewith, is guilty of
:(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
:(b) an offence punishable on summary conviction.
:(b) an offence punishable on summary conviction.


'''Failure to comply with appearance notice or promise to appear'''<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 142;
(5) Every person who is named in an appearance notice or promise to appear, or in a recognizance entered into before an officer in charge or another peace officer, that has been confirmed by a justice under section 508 and who fails, without lawful excuse, the proof of which lies on the person, to appear at the time and place stated therein, if any, for the purposes of the Identification of Criminals Act, or to attend court in accordance therewith, is guilty of
{{LegHistory10s|2019, c. 25}}, s. 45.
:(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
:(b) an offence punishable on summary conviction.
 
'''Failure to comply with conditions of undertaking'''<br>
(5.1) Every person who, without lawful excuse, the proof of which lies on the person, fails to comply with any condition of an undertaking entered into pursuant to subsection 499(2) or 503(2.1)
:(a) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding two years; or
:(b) is guilty of an offence punishable on summary conviction.
 
; Idem
(6) For the purposes of subsection (5), it is not a lawful excuse that an appearance notice, promise to appear or recognizance states defectively the substance of the alleged offence.
 
(7) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 20]
 
'''Election of Crown under Contraventions Act'''<br>
(8) For the purposes of subsections (3) to (5), it is a lawful excuse to fail to comply with a condition of an undertaking or recognizance or to fail to appear at a time and place stated in a summons, an appearance notice, a promise to appear or a recognizance for the purposes of the Identification of Criminals Act if before the failure the Attorney General, within the meaning of the Contraventions Act, makes an election under section 50 of that Act.
 
'''Proof of certain facts by certificate'''<br>
(9) In any proceedings under subsection (2), (4) or (5), a certificate of the clerk of the court or a judge of the court before which the accused is alleged to have failed to attend or of the person in charge of the place at which it is alleged the accused failed to attend for the purposes of the Identification of Criminals Act stating that,
:(a) in the case of proceedings under subsection (2), the accused gave or entered into an undertaking or recognizance before a justice or judge and failed to attend court in accordance therewith or, having attended court, failed to attend court thereafter as required by the court, justice or judge or to surrender in accordance with an order of the court, justice or judge, as the case may be,
:(b) in the case of proceedings under subsection (4), a summons was issued to and served on the accused and the accused failed to attend court in accordance therewith or failed to appear at the time and place stated therein for the purposes of the Identification of Criminals Act, as the case may be, and
:(c) in the case of proceedings under subsection (5), the accused was named in an appearance notice, a promise to appear or a recognizance entered into before an officer in charge or another peace officer, that was confirmed by a justice under section 508, and the accused failed to appear at the time and place stated therein for the purposes of the Identification of Criminals Act, failed to attend court in accordance therewith or, having attended court, failed to attend court thereafter as required by the court, justice or judge, as the case may be,
is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate.


'''Attendance and right to cross-examination'''<br>
|{{CCCSec2|142}}
(10) An accused against whom a certificate described in subsection (9) is produced may, with leave of the court, require the attendance of the person making the certificate for the purposes of cross-examination.
|{{NoteUp|142}}
 
'''Notice of intention to produce'''<br>
(11) No certificate shall be received in evidence pursuant to subsection (9) unless the party intending to produce it has, before the trial, given to the accused reasonable notice of his intention together with a copy of the certificate.
 
R.S., 1985, c. C-46, s. 145; R.S., 1985, c. 27 (1st Supp.), s. 20; 1992, c. 47, s. 68; 1994, c. 44, s. 8; 1996, c. 7, s. 38; 1997, c. 18, s. 3; 2008, c. 18, s. 3.
|[http://canlii.ca/t/7vf2#sec145 CCC]
}}
}}


{{Quotation|
==Participating in Escape==
'''Permitting or assisting escape'''<br>
{{quotation2|
146. Every one who
; Permitting or assisting escape
146 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) permits a person whom he has in lawful custody to escape, by failing to perform a legal duty,
:(a) permits a person whom he has in lawful custody to escape, by failing to perform a legal duty,
:(b) conveys or causes to be conveyed into a prison anything, with intent to facilitate the escape of a person imprisoned therein, or
:(b) conveys or causes to be conveyed into a prison anything, with intent to facilitate the escape of a person imprisoned therein, or
:(c) directs or procures, under colour of pretended authority, the discharge of a prisoner who is not entitled to be discharged,
:(c) directs or procures, under colour of pretended authority, the discharge of a prisoner who is not entitled to be discharged.
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.


R.S., c. C-34, s. 134.
R.S., {{LegHistory80s|1985, c. C-46}}, s. 146{{LegHistory10s|2019, c. 25}}, s. 48.
|[http://canlii.ca/t/7vf2#sec146 CCC]
|{{CCCSec2|146}}
|{{NoteUp|146}}
}}
}}


{{Quotation|
{{quotation2|
'''Rescue or permitting escape'''<br>
; Rescue or permitting escape
147. Every one who
147 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) rescues any person from lawful custody or assists any person in escaping or attempting to escape from lawful custody,
:(a) rescues any person from lawful custody or assists any person in escaping or attempting to escape from lawful custody,
:(b) being a peace officer, wilfully permits a person in his lawful custody to escape, or
:(b) being a peace officer, wilfully permits a person in his lawful custody to escape, or
:(c) being an officer of or an employee in a prison, wilfully permits a person to escape from lawful custody therein,
:(c) being an officer of or an employee in a prison, wilfully permits a person to escape from lawful custody therein.
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.


R.S., c. C-34, s. 135.
R.S., {{LegHistory80s|1985, c. C-46}}, s. 147;
|[http://canlii.ca/t/7vf2#sec147 CCC]
{{LegHistory10s|2019, c. 25}}, s. 49.
|{{CCCSec2|147}}
|{{NoteUp|147}}
}}
}}


{{Quotation|
{{quotation2|
'''Assisting prisoner of war to escape'''<br>
; Assisting prisoner of war to escape
148. Every one who knowingly and wilfully
148 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 knowingly
:(a) assists a prisoner of war in Canada to escape from a place where he is detained, or
:(a) assists a prisoner of war in Canada to escape from a place where he is detained, or
:(b) assists a prisoner of war, who is permitted to be at large on parole in Canada, to escape from the place where he is at large on parole,
:(b) assists a prisoner of war, who is permitted to be at large on parole in Canada, to escape from the place where he is at large on parole.
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.


R.S., c. C-34, s. 136.
R.S., {{LegHistory80s|1985, c. C-46}}, s. 148;
|[http://canlii.ca/t/7vf2#sec148 CCC]
{{LegHistory10s|2019, c. 25}}, s. 50.
|{{CCCSec2|148}}
|{{NoteUp|148}}
}}
}}


{{Quotation|
{{quotation2|
'''Service of term for escape'''<br>
; Service of term for escape
149. (1) Notwithstanding section 743.1, a court that convicts a person for an escape committed while undergoing imprisonment may order that the term of imprisonment be served in a penitentiary, even if the time to be served is less than two years.
149 (1) Notwithstanding section 743.1, a court that convicts a person for an escape committed while undergoing imprisonment may order that the term of imprisonment be served in a penitentiary, even if the time to be served is less than two years.


'''Definition of “escape”'''<br>
; Definition of “escape”
(2) In this section, “escape” means breaking prison, escaping from lawful custody or, without lawful excuse, being at large before the expiration of a term of imprisonment to which a person has been sentenced.
(2) In this section, '''"escape"''' means breaking prison, escaping from lawful custody or, without lawful excuse, being at large before the expiration of a term of imprisonment to which a person has been sentenced.


R.S., 1985, c. C-46, s. 149; R.S., 1985, c. 27 (1st Supp.), s. 203; 1992, c. 20, s. 199; 1995, c. 22, s. 1.
R.S., {{LegHistory80s|1985, c. C-46}}, s. 149; R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 203; {{LegHistory90s|1992, c. 20}}, s. 199; {{LegHistory90s|1995, c. 22}}, s. 1.
|[http://canlii.ca/t/7vf2#sec149 CCC]
|{{CCCSec2|149}}
|{{NoteUp|149|1|2}}
}}
}}


==Disclosure of Jury Proceedings==
==Disclosure of Jury Proceedings==
{{quotation|
{{AnnSec|Part XX}}
'''Disclosure of jury proceedings'''<br>
{{quotation2|
649 Every member of a jury, and every person providing technical, personal, interpretative or other support services to a juror with a physical disability, who, except for the purposes of
; Disclosure of jury proceedings
:(a) an investigation of an alleged offence under subsection 139(2) in relation to a juror, or
649 (1) Every member of a jury, and every person providing technical, personal, interpretative or other support services to a juror with a physical disability, who discloses any information relating to the proceedings of the jury when it was absent from the courtroom that was not subsequently disclosed in open court is guilty of an offence punishable on summary conviction.
:(b) giving evidence in criminal proceedings in relation to such an offence,
 
discloses any information relating to the proceedings of the jury when it was absent from the courtroom that was not subsequently disclosed in open court is guilty of an offence punishable on summary conviction.
; Exceptions
(2) Subsection (1) {{AnnSec6|649(1)}} does not apply in respect of the disclosure of information for the purposes of
:(a) an investigation of an alleged offence under subsection 139(2) {{AnnSec1|139(2)}} in relation to a juror;
:(b) giving evidence in criminal proceedings in relation to such an offence; or
:(c) any medical or psychiatric treatment or any therapy or counselling that a person referred to in subsection (1) {{AnnSec6|649(1)}} receives from a health care professional after the completion of the trial in relation to health issues arising out of or related to the person’s service at the trial as a juror or as a person who provided support services to a juror.
 
; Health care professional
(3) For the purpose of paragraph (2)‍(c) {{AnnSec6|649(2)(c)}}, the health care professional who provides any medical or psychiatric treatment or any therapy or counselling must be entitled to do so under the laws of a province.


R.S., 1985, c. C-46, s. 649; 1998, c. 9, s. 7.
R.S., {{LegHistory80s|1985, c. C-46}}, s. 649;  
|[http://canlii.ca/t/7vf2#sec649 CCC]
{{LegHistory90s|1998, c. 9}}, s. 7;
{{LegHistory20s|2022, c. 12}}, s. 1.
|{{CCCSec2|649}}
|{{NoteUp|649}}
}}
}}


Latest revision as of 14:24, 14 July 2024

Selling etc. Tobacco Products

Selling, etc., of tobacco products and raw leaf tobacco

121.1 (1) No person shall sell, offer for sale, transport, deliver, distribute or have in their possession for the purpose of sale a tobacco product, or raw leaf tobacco that is not packaged, unless it is stamped. The terms tobacco product, raw leaf tobacco, packaged and stamped have the same meanings as in section 2 of the Excise Act, 2001.

Exceptions — subsections 30(2) and 32(2) and (3) of Excise Act, 2001

(2) Subsection (1) does not apply in any of the circumstances described in any of subsections 30(2) and 32(2) and (3) of the Excise Act, 2001.

Exception — section 31 of Excise Act, 2001

(3) A tobacco grower does not contravene subsection (1) by reason only that they have in their possession raw leaf tobacco described in paragraph 31(a), (b) or (c) of the Excise Act, 2001.

Punishment

(4) Every person who contravenes subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years and, if the amount of tobacco product is 10,000 cigarettes or more or 10 kg or more of any other tobacco product, or the amount of raw leaf tobacco is 10 kg or more,
(i) in the case of a second offence, to a minimum punishment of imprisonment for a term of 90 days,
(ii) in the case of a third offence, to a minimum punishment of imprisonment for a term of 180 days, and
(iii) in the case of a fourth or subsequent offence, to a minimum punishment of imprisonment for a term of two years less a day; or
(b) is guilty of an offence punishable on summary conviction.
Subsequent offences

(5) For the purpose of determining whether a convicted person has committed a second or subsequent offence, an offence under this section for which the person was previously convicted is considered to be an earlier offence whether it was prosecuted by indictment or by way of summary conviction proceedings.

2014, c. 23, s. 3; 2019, c. 25, s. 34.

– CCC (CanLII), (DOJ)

Note up: 121.1(1), (2), (3), (4), and (5)

Municipal Corruption

Corruption and Disobedience

Municipal corruption

123 (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 directly or indirectly gives, offers or agrees to give or offer to a municipal official or to anyone for the benefit of a municipal official — or, being a municipal official, directly or indirectly demands, accepts or offers or agrees to accept from any person for themselves or another person — a loan, reward, advantage or benefit of any kind as consideration for the official

(a) to abstain from voting at a meeting of the municipal council or a committee of the council;
(b) to vote in favour of or against a measure, motion or resolution;
(c) to aid in procuring or preventing the adoption of a measure, motion or resolution; or
(d) to perform or fail to perform an official act.
Influencing municipal official

(2) 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 influences or attempts to influence a municipal official to do anything mentioned in paragraphs (1)(a) to (d) by

(a) suppression of the truth, in the case of a person who is under a duty to disclose the truth;
(b) threats or deceit; or
(c) any unlawful means.
Definition of municipal official

(3) In this section, municipal official means a member of a municipal council or a person who holds an office under a municipal government.

R.S., 1985, c. C-46, s. 123; R.S., 1985, c. 27 (1st Supp.), s. 16; 2007, c. 13, s. 6; 2019, c. 25, s. 36.

– CCC (CanLII), (DOJ)

Note up: 123(1), (2) and (3)

Selling or Purchasing Public Office

Selling or purchasing office

124 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) purports to sell or agrees to sell an appointment to or a resignation from an office, or a consent to any such appointment or resignation, or receives or agrees to receive a reward or profit from the purported sale thereof, or
(b) purports to purchase or gives a reward or profit for the purported purchase of any such appointment, resignation or consent, or agrees or promises to do so.

R.S., 1985, c. C-46, s. 124; 2019, c. 25, s. 37.

– CCC (CanLII), (DOJ)

Note up: 124

Influencing or negotiating appointments or dealing in offices

125 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) receives, agrees to receive, gives or procures to be given, directly or indirectly, a reward, advantage or benefit of any kind as consideration for cooperation, assistance or exercise of influence to secure the appointment of any person to an office,
(b) solicits, recommends or negotiates in any manner with respect to an appointment to or resignation from an office, in expectation of a direct or indirect reward, advantage or benefit, or
(c) keeps without lawful authority a place for transacting or negotiating any business relating to
(i) the filling of vacancies in offices,
(ii) the sale or purchase of offices, or
(iii) appointments to or resignations from offices.

R.S., 1985, c. C-46, s. 125; 2018, c. 29, s. 7; 2019, c. 25, s. 38.

– CCC (CanLII), (DOJ)

Note up: 125

Disobeying a Statute or Court Order

Disobeying a statute

126 (1) Every person who, without lawful excuse, contravenes an Act of Parliament by intentionally doing anything that it forbids or by intentionally omitting to do anything that it requires to be done is, unless a punishment is expressly provided by law, 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.
Attorney General of Canada may act

(2) Any proceedings in respect of a contravention of or conspiracy to contravene an Act mentioned in subsection (1), other than this Act, may be instituted at the instance of the Government of Canada and conducted by or on behalf of that Government.

R.S., 1985, c. C-46, s. 126; R.S., 1985, c. 27 (1st Supp.), s. 185(F); 2019, c. 25, s. 39

– CCC (CanLII), (DOJ)

Note up: 126(1) and (2)

Disobeying order of court

127 (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
Attorney General of Canada may act

(2) Where the order referred to in subsection (1) was made in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, any proceedings in respect of a contravention of or conspiracy to contravene that order may be instituted and conducted in like manner.

R.S., 1985, c. C-46, s. 127; R.S., 1985, c. 27 (1st Supp.), s. 185(F); 2005, c. 32, s. 1.

– CCC (CanLII), (DOJ)

Note up: 127(1) and (2)

Misconduct in Executing Process

Misconduct of officers executing process

128 Every peace officer or coroner 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, being entrusted with the execution of a process, intentionally

(a) misconducts himself in the execution of the process, or
(b) makes a false return to the process.

R.S., 1985, c. C-46, s. 128; 2019, c. 25, s. 40

– CCC (CanLII), (DOJ)

Note up: 128

False Affidavit

Offences relating to affidavits

138 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) signs a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared before him when the writing was not so sworn or declared or when he knows that he has no authority to administer the oath or declaration,
(b) uses or offers for use any writing purporting to be an affidavit or statutory declaration that he knows was not sworn or declared, as the case may be, by the affiant or declarant or before a person authorized in that behalf, or
(c) signs as affiant or declarant a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared by him, as the case may be, when the writing was not so sworn or declared.

R.S., 1985, c. C-46, s. 138 2019, c. 25, s. 42.

– CCC (CanLII), (DOJ)

Note up: 138

Hiding an Offence

Compounding indictable offence

141 (1) Every person who asks for or obtains or agrees to receive or obtain any valuable consideration for themselves or any other person by agreeing to compound or conceal an indictable offence 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.
Exception for diversion agreements

(2) No offence is committed under subsection (1) where valuable consideration is received or obtained or is to be received or obtained under an agreement for compensation or restitution or personal services that is

(a) entered into with the consent of the Attorney General; or
(b) made as part of a program, approved by the Attorney General, to divert persons charged with indictable offences from criminal proceedings.

R.S., 1985, c. C-46, s. 141; R.S., 1985, c. 27 (1st Supp.), s. 19; 2019, c. 25, s. 44.

– CCC (CanLII), (DOJ)

Note up: 141(1) and (2)

Corruptly taking reward for recovery of goods

142 Every person who corruptly accepts any valuable consideration, directly or indirectly, under pretence or on account of helping any person to recover anything obtained by the commission of an indictable offence 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.

R.S., 1985, c. C-46, s. 142; 2019, c. 25, s. 45.

– CCC (CanLII), (DOJ)

Note up: 142

Participating in Escape

Permitting or assisting escape

146 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) permits a person whom he has in lawful custody to escape, by failing to perform a legal duty,
(b) conveys or causes to be conveyed into a prison anything, with intent to facilitate the escape of a person imprisoned therein, or
(c) directs or procures, under colour of pretended authority, the discharge of a prisoner who is not entitled to be discharged.

R.S., 1985, c. C-46, s. 1462019, c. 25, s. 48.

– CCC (CanLII), (DOJ)

Note up: 146

Rescue or permitting escape

147 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) rescues any person from lawful custody or assists any person in escaping or attempting to escape from lawful custody,
(b) being a peace officer, wilfully permits a person in his lawful custody to escape, or
(c) being an officer of or an employee in a prison, wilfully permits a person to escape from lawful custody therein.

R.S., 1985, c. C-46, s. 147; 2019, c. 25, s. 49.

– CCC (CanLII), (DOJ)

Note up: 147

Assisting prisoner of war to escape

148 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 knowingly

(a) assists a prisoner of war in Canada to escape from a place where he is detained, or
(b) assists a prisoner of war, who is permitted to be at large on parole in Canada, to escape from the place where he is at large on parole.

R.S., 1985, c. C-46, s. 148; 2019, c. 25, s. 50.

– CCC (CanLII), (DOJ)

Note up: 148

Service of term for escape

149 (1) Notwithstanding section 743.1, a court that convicts a person for an escape committed while undergoing imprisonment may order that the term of imprisonment be served in a penitentiary, even if the time to be served is less than two years.

Definition of “escape”

(2) In this section, "escape" means breaking prison, escaping from lawful custody or, without lawful excuse, being at large before the expiration of a term of imprisonment to which a person has been sentenced.

R.S., 1985, c. C-46, s. 149; R.S., 1985, c. 27 (1st Supp.), s. 203; 1992, c. 20, s. 199; 1995, c. 22, s. 1.

– CCC (CanLII), (DOJ)

Note up: 149(1) and (2)

Disclosure of Jury Proceedings

[Pt. XX – Procedure in Jury Trials and General Provisions (ss. 574 to 672)]

Disclosure of jury proceedings

649 (1) Every member of a jury, and every person providing technical, personal, interpretative or other support services to a juror with a physical disability, who discloses any information relating to the proceedings of the jury when it was absent from the courtroom that was not subsequently disclosed in open court is guilty of an offence punishable on summary conviction.

Exceptions

(2) Subsection (1) does not apply in respect of the disclosure of information for the purposes of

(a) an investigation of an alleged offence under subsection 139(2) [obstructing justice – other conduct] in relation to a juror;
(b) giving evidence in criminal proceedings in relation to such an offence; or
(c) any medical or psychiatric treatment or any therapy or counselling that a person referred to in subsection (1) receives from a health care professional after the completion of the trial in relation to health issues arising out of or related to the person’s service at the trial as a juror or as a person who provided support services to a juror.
Health care professional

(3) For the purpose of paragraph (2)‍(c) , the health care professional who provides any medical or psychiatric treatment or any therapy or counselling must be entitled to do so under the laws of a province.

R.S., 1985, c. C-46, s. 649; 1998, c. 9, s. 7; 2022, c. 12, s. 1.

– CCC (CanLII), (DOJ)

Note up: 649

See Also

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