Miscellaneous Sexual and Disorderly Conduct Offences: Difference between revisions
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[[fr:Diverses_infractions_sexuelles_et_de_conduite_désordonnée]] | |||
{{LevelOne}} | {{LevelOne}} | ||
{{HeaderOffences}} | {{HeaderOffences}} | ||
{{AnnSec|Part V}} | |||
==Immoral theatrical performance== | ==Immoral theatrical performance== | ||
{{ | {{quotation2| | ||
; Immoral theatrical performance | ; Immoral theatrical performance | ||
167 | 167 (1) Every one commits an offence who, being the lessee, manager, agent or person in charge of a theatre, presents or gives or allows to be presented or given therein an immoral, indecent or obscene performance, entertainment or representation. | ||
; Person taking part | ; Person taking part | ||
| Line 12: | Line 13: | ||
R.S., c. C-34, s. 163. | R.S., c. C-34, s. 163. | ||
| | |{{CCCSec2|167}} | ||
|{{NoteUp|167|1|2}} | |||
}} | }} | ||
{{ | {{quotation2| | ||
; Definitions | ; Definitions | ||
150 In this Part,<br> | 150 In this Part {{AnnSec|Part V}},<br> | ||
{{Ellipsis}} | |||
'''theatre''' includes any place that is open to the public where entertainments are given, whether or not any charge is made for admission. (théâtre) | '''"theatre"''' includes any place that is open to the public where entertainments are given, whether or not any charge is made for admission. (théâtre)<br> | ||
R.S., c. C-34, s. 138. | R.S., c. C-34, s. 138. | ||
| | |{{CCCSec2|150}} | ||
|{{NoteUp|150}} | |||
}} | }} | ||
A performance that would otherwise be "unexceptional" and not immoral does not become immoral ''per se'' simply because it is performed in the nude.<Ref> | A performance that would otherwise be "unexceptional" and not immoral does not become immoral ''per se'' simply because it is performed in the nude.<Ref> | ||
{{CanLIIRP|Johnson|1z196|1973 CanLII 198 (SCC)|[1975] 2 SCR 160}}{{perSCC|Ritchie J}} | |||
</ref> | </ref> | ||
| Line 33: | Line 35: | ||
==Mailing Obscene Matters== | ==Mailing Obscene Matters== | ||
{{ | {{quotation2| | ||
; Mailing obscene matter | ; Mailing obscene matter | ||
168 | 168 (1) Every one commits an offence who makes use of the mails for the purpose of transmitting or delivering anything that is obscene, indecent, immoral or scurrilous. | ||
; Exceptions | ; Exceptions | ||
(2) Subsection (1) does not apply to a person who | (2) Subsection (1) {{AnnSec1|168(1)}} does not apply to a person who | ||
:(a) prints or publishes any matter for use in connection with any judicial proceedings or communicates it to persons who are concerned in the proceedings; | :(a) prints or publishes any matter for use in connection with any judicial proceedings or communicates it to persons who are concerned in the proceedings; | ||
:(b) prints or publishes a notice or report under the direction of a court; or | :(b) prints or publishes a notice or report under the direction of a court; or | ||
| Line 45: | Line 47: | ||
::(ii) in a publication of a technical character that is intended, in good faith, for circulation among members of the legal or medical profession. | ::(ii) in a publication of a technical character that is intended, in good faith, for circulation among members of the legal or medical profession. | ||
R.S., 1985, c. C-46, s. 168; 1999, c. 5, s. 2. | R.S., {{LegHistory80s|1985, c. C-46}}, s. 168; | ||
{{LegHistory90s|1999, c. 5}}, s. 2. | |||
|{{CCCSec2|168}} | |||
|{{NoteUp|168|1|2}} | |||
}} | |||
{{quotation2| | |||
; Punishment | ; Punishment | ||
169. Every one who commits an offence under section 163, 165, 167 or 168 is guilty of | 169. Every one who commits an offence under section 163 {{AnnSec1|163}}, 165 {{AnnSec1|165}}, 167 {{AnnSec1|167}} or 168 {{AnnSec1|168}} is guilty of | ||
:(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or | :(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. | ||
R.S., 1985, c. C-46, s. 169; 1999, c. 5, s. 3. | R.S., {{LegHistory80s|1985, c. C-46}}, s. 169; | ||
| | {{LegHistory90s|1999, c. 5}}, s. 3. | ||
|{{CCCSec2|169}} | |||
|{{NoteUp|169}} | |||
}} | }} | ||
==Corrupting Children== | ==Corrupting Children== | ||
{{ | {{quotation2| | ||
; Corrupting children | ; Corrupting children | ||
172 | 172 (1) Every person who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and by doing so endangers the morals of the child or renders the home an unfit place for the child to be in, 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. | |||
(2) [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 6] | (2) [Repealed, R.S., {{LegHistory80s|1985, c. 19 (3rd Supp.)}}, s. 6] | ||
; Definition of | ; Definition of child | ||
(3) For the purposes of this section, | (3) For the purposes of this section, '''"child"''' means a person who is or appears to be under the age of eighteen years. | ||
; Who may institute prosecutions | ; Who may institute prosecutions | ||
(4) No proceedings shall be commenced under subsection (1) without the consent of the Attorney General, unless they are instituted by or at the instance of a recognized society for the protection of children or by an officer of a juvenile court. | (4) No proceedings shall be commenced under subsection (1) {{AnnSec1|172(1)}} without the consent of the Attorney General, unless they are instituted by or at the instance of a recognized society for the protection of children or by an officer of a juvenile court. | ||
R.S., {{LegHistory80s|1985, c. C-46}}, s. 172; | |||
R.S., {{LegHistory80s|1985, c. 19 (3rd Supp.)}}, s. 6; | |||
{{LegHistory10s|2019, c. 25}}, s. 57 | |||
|{{CCCSec2|172}} | |||
| | |{{NoteUp|172|1|3|4}} | ||
}} | }} | ||
==Nudity== | ==Nudity== | ||
{{ | {{quotation2| | ||
; Nudity | ; Nudity | ||
174 | 174 (1) Every one who, without lawful excuse, | ||
:(a) is nude in a public place, or | :(a) is nude in a public place, or | ||
:(b) is nude and exposed to public view while on private property, whether or not the property is his own, | :(b) is nude and exposed to public view while on private property, whether or not the property is his own, | ||
| Line 88: | Line 103: | ||
R.S., c. C-34, s. 170. | R.S., c. C-34, s. 170. | ||
| | |{{CCCSec2|174}} | ||
|{{NoteUp|174|1|2|3}} | |||
}} | }} | ||
==Obstructing officiating clergyman== | ==Obstructing officiating clergyman== | ||
{{ | {{quotation2| | ||
; Obstructing or violence to or arrest of officiating clergyman | ; Obstructing or violence to or arrest of officiating clergyman | ||
176 (1) Every | 176 (1) 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) by threats or force, unlawfully obstructs or prevents or endeavours to obstruct or prevent an officiant from celebrating a religious or spiritual service or performing any other function in connection with their calling, or | :(a) by threats or force, unlawfully obstructs or prevents or endeavours to obstruct or prevent an officiant from celebrating a religious or spiritual service or performing any other function in connection with their calling, or | ||
:(b) knowing that an officiant is about to perform, is on their way to perform or is returning from the performance of any of the duties or functions mentioned in paragraph (a) | :(b) knowing that an officiant is about to perform, is on their way to perform or is returning from the performance of any of the duties or functions mentioned in paragraph (a) | ||
::(i) assaults or offers any violence to them, or | ::(i) assaults or offers any violence to them, or | ||
::(ii) arrests them on a civil process, or under the pretence of executing a civil process | ::(ii) arrests them on a civil process, or under the pretence of executing a civil process. | ||
; Disturbing religious worship or certain meetings | ; Disturbing religious worship or certain meetings | ||
| Line 105: | Line 120: | ||
; Idem | ; Idem | ||
(3) Every one who, at or near a meeting referred to in subsection (2), wilfully does anything that disturbs the order or solemnity of the meeting is guilty of an offence punishable on summary conviction | (3) Every one who, at or near a meeting referred to in subsection (2) {{AnnSec1|176(2)}}, wilfully does anything that disturbs the order or solemnity of the meeting is guilty of an offence punishable on summary conviction. | ||
R.S., {{LegHistory80s|1985, c. C-46}}, s. 176; | |||
{{LegHistory10s|2018, c. 29}}, s. 13.1; | |||
{{LegHistory10s|2019, c. 25}}, s. 59. | |||
R.S., 1985, c. C-46, s. | |{{CCCSec2|176}} | ||
|{{NoteUp|176|1|2|3}} | |||
| | |||
}} | }} | ||
==Nuisances== | ==Nuisances== | ||
{{ | {{quotation2| | ||
'''Nuisances''' | '''Nuisances''' | ||
| Line 141: | Line 143: | ||
:(b) obstructs the public in the exercise or enjoyment of any right that is common to all the subjects of Her Majesty in Canada. | :(b) obstructs the public in the exercise or enjoyment of any right that is common to all the subjects of Her Majesty in Canada. | ||
R.S., 1985, c. C-46, s. 180; | R.S., {{LegHistory80s|1985, c. C-46}}, s. 180; | ||
2019, c. 25, s. 61. | {{LegHistory10s|2019, c. 25}}, s. 61. | ||
| | |{{CCCSec2|180}} | ||
|{{NoteUp|180|1|2}} | |||
}} | }} | ||
{{ | {{quotation2|<s> | ||
; Spreading false news | ; Spreading false news | ||
181. Every one who wilfully publishes a statement, tale or news that he knows is false and that causes or is likely to cause injury or mischief to a public interest is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. | 181. Every one who wilfully publishes a statement, tale or news that he knows is false and that causes or is likely to cause injury or mischief to a public interest is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. | ||
R.S., c. C-34, s. 177.</s> | R.S., c. C-34, s. 177.</s><br> | ||
[Repealed Bill C-75 on June 21, 2019] | [Repealed Bill C-75 on June 21, 2019] | ||
| | |{{CCCSec2|181}} | ||
|{{NoteUp|181}} | |||
}} | }} | ||
==Offences relating to dead bodies== | ==Offences relating to dead bodies== | ||
{{ | {{quotation2| | ||
; Dead body | ; Dead body | ||
182 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 | 182 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 | ||
| Line 162: | Line 166: | ||
:(b) improperly or indecently interferes with or offers any indignity to a dead human body or human remains, whether buried or not. | :(b) improperly or indecently interferes with or offers any indignity to a dead human body or human remains, whether buried or not. | ||
R.S., 1985, c. C-46, s. 182; | R.S., {{LegHistory80s|1985, c. C-46}}, s. 182; | ||
{{LegHistory10s|2019, c. 25}}, s. 63 | {{LegHistory10s|2019, c. 25}}, s. 63 | ||
| | |{{CCCSec2|182}} | ||
|{{NoteUp|182}} | |||
}} | }} | ||
; Sentence | ; Sentence | ||
The burning of a body undermines the administration of justice by destroying evidence.<ref> | The burning of a body undermines the administration of justice by destroying evidence.<ref> | ||
{{CanLIIRP|Dhillon|hxrmq|2019 ONCA 159 (CanLII)|373 CCC (3d) 392}}{{perONCA-H|Watt JA}}{{atL|hxrmq|22}} | |||
</ref> | </ref> | ||
| Line 179: | Line 184: | ||
e.g. {{ibid2|hxrmq|Dhillon}} | e.g. {{ibid2|hxrmq|Dhillon}} | ||
</ref> | </ref> | ||
Where the offender was not responsible for the death of the victim the range of sentence is around 18 months.<REf> | |||
{{CanLIIRP|Houle|h2rf1|2013 ABQB 70 (CanLII)|549 AR 281}}{{perABQB|Manderscheid J}} | |||
</ref> | |||
; Range | |||
* {{CanLIIRP|Houle|h2rf1|2013 ABQB 70 (CanLII)|549 AR 281}}{{perABQB|Manderscheid J}} | |||
* {{CanLIIRP|White|2476b|2009 NLTD 99 (CanLII)|888 APR 178}}{{perNLSC|Adams J}} | |||
* {{CanLIIR|Saretzky|h58rg|2017 ABQB 496 (CanLII)}}{{perABQB|Tilleman J}} | |||
* {{CanLIIR|Albright|jspvv|2022 ABPC 221 (CanLII)}}{{perABPC|Bascom J}} | |||
{{Reflist|2}} | {{Reflist|2}} | ||
==Repealed== | |||
===Vagrancy=== | |||
{{quotation2| | |||
<s> | |||
; Vagrancy | |||
179 (1) Every one commits vagrancy who | |||
:(a) supports himself in whole or in part by gaming or crime and has no lawful profession or calling by which to maintain himself; or | |||
:(b) having at any time been convicted of an offence under section 151, 152 or 153, subsection 160(3) or 173(2) or section 271, 272 or 273, or of an offence under a provision referred to in paragraph (b) of the definition “serious personal injury offence” in section 687 of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read before January 4, 1983, is found loitering in or near a school ground, playground, public park or bathing area. | |||
; Punishment | |||
(2) Every one who commits vagrancy is guilty of an offence punishable on summary conviction. | |||
</s><br> | |||
R.S., {{LegHistory80s|1985, c. C-46}}, s. 179; R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 22, c. 19 (3rd Supp.), s. 8.<br> | |||
[Repealed June 21, 2019 Bill C-75] | |||
|{{CCCSec2|179}} | |||
|{{NoteUp|179|1|2}} | |||
}} | |||
==See Also== | ==See Also== | ||
Latest revision as of 14:23, 14 July 2024
[Pt. V – Sexual Offences, Public Morals and Disorderly Conduct (ss. 150 to 182)]
Immoral theatrical performance
- Immoral theatrical performance
167 (1) Every one commits an offence who, being the lessee, manager, agent or person in charge of a theatre, presents or gives or allows to be presented or given therein an immoral, indecent or obscene performance, entertainment or representation.
- Person taking part
(2) Every one commits an offence who takes part or appears as an actor, a performer or an assistant in any capacity, in an immoral, indecent or obscene performance, entertainment or representation in a theatre.
R.S., c. C-34, s. 163.
- Definitions
150 In this Part [Pt. V – Sexual Offences, Public Morals and Disorderly Conduct (ss. 150 to 182)],
...
"theatre" includes any place that is open to the public where entertainments are given, whether or not any charge is made for admission. (théâtre)
R.S., c. C-34, s. 138.
A performance that would otherwise be "unexceptional" and not immoral does not become immoral per se simply because it is performed in the nude.[1]
- ↑ R v Johnson, 1973 CanLII 198 (SCC), [1975] 2 SCR 160, per Ritchie J
Mailing Obscene Matters
- Mailing obscene matter
168 (1) Every one commits an offence who makes use of the mails for the purpose of transmitting or delivering anything that is obscene, indecent, immoral or scurrilous.
- Exceptions
(2) Subsection (1) [mailing obscene matters – offence] does not apply to a person who
- (a) prints or publishes any matter for use in connection with any judicial proceedings or communicates it to persons who are concerned in the proceedings;
- (b) prints or publishes a notice or report under the direction of a court; or
- (c) prints or publishes any matter
- (i) in a volume or part of a genuine series of law reports that does not form part of any other publication and consists solely of reports of proceedings in courts of law, or
- (ii) in a publication of a technical character that is intended, in good faith, for circulation among members of the legal or medical profession.
R.S., 1985, c. C-46, s. 168; 1999, c. 5, s. 2.
- Punishment
169. Every one who commits an offence under section 163 [obscenity], 165 [tied sale], 167 [immoral thetrical performance] or 168 [mailing obscene matters] 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.
R.S., 1985, c. C-46, s. 169; 1999, c. 5, s. 3.
Corrupting Children
- Corrupting children
172 (1) Every person who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and by doing so endangers the morals of the child or renders the home an unfit place for the child to be in, 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.
(2) [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 6]
- Definition of child
(3) For the purposes of this section, "child" means a person who is or appears to be under the age of eighteen years.
- Who may institute prosecutions
(4) No proceedings shall be commenced under subsection (1) [corrupting children] without the consent of the Attorney General, unless they are instituted by or at the instance of a recognized society for the protection of children or by an officer of a juvenile court.
R.S., 1985, c. C-46, s. 172; R.S., 1985, c. 19 (3rd Supp.), s. 6; 2019, c. 25, s. 57
Nudity
- Nudity
174 (1) Every one who, without lawful excuse,
- (a) is nude in a public place, or
- (b) is nude and exposed to public view while on private property, whether or not the property is his own,
is guilty of an offence punishable on summary conviction.
- Nude
(2) For the purposes of this section, a person is nude who is so clad as to offend against public decency or order.
- Consent of Attorney General
(3) No proceedings shall be commenced under this section without the consent of the Attorney General.
R.S., c. C-34, s. 170.
Obstructing officiating clergyman
- Obstructing or violence to or arrest of officiating clergyman
176 (1) 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) by threats or force, unlawfully obstructs or prevents or endeavours to obstruct or prevent an officiant from celebrating a religious or spiritual service or performing any other function in connection with their calling, or
- (b) knowing that an officiant is about to perform, is on their way to perform or is returning from the performance of any of the duties or functions mentioned in paragraph (a)
- (i) assaults or offers any violence to them, or
- (ii) arrests them on a civil process, or under the pretence of executing a civil process.
- Disturbing religious worship or certain meetings
(2) Every one who wilfully disturbs or interrupts an assemblage of persons met for religious worship or for a moral, social or benevolent purpose is guilty of an offence punishable on summary conviction.
- Idem
(3) Every one who, at or near a meeting referred to in subsection (2) [disturbing religious worship or certain meetings], wilfully does anything that disturbs the order or solemnity of the meeting is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 176; 2018, c. 29, s. 13.1; 2019, c. 25, s. 59.
Nuisances
Nuisances
- Common nuisance
180 (1) 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 commits a common nuisance and by doing so
- (a) endangers the lives, safety or health of the public, or
- (b) causes physical injury to any person.
- Definition
(2) For the purposes of this section, every one commits a common nuisance who does an unlawful act or fails to discharge a legal duty and thereby
- (a) endangers the lives, safety, health, property or comfort of the public; or
- (b) obstructs the public in the exercise or enjoyment of any right that is common to all the subjects of Her Majesty in Canada.
R.S., 1985, c. C-46, s. 180; 2019, c. 25, s. 61.
- Spreading false news
181. Every one who wilfully publishes a statement, tale or news that he knows is false and that causes or is likely to cause injury or mischief to a public interest is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 177.
[Repealed Bill C-75 on June 21, 2019]
Offences relating to dead bodies
- Dead body
182 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) neglects, without lawful excuse, to perform any duty that is imposed on him by law or that he undertakes with reference to the burial of a dead human body or human remains, or
- (b) improperly or indecently interferes with or offers any indignity to a dead human body or human remains, whether buried or not.
R.S., 1985, c. C-46, s. 182; 2019, c. 25, s. 63
- Sentence
The burning of a body undermines the administration of justice by destroying evidence.[1]
It also can create a dangerous situation that puts other people at risk.[2]
A sentence of two years consecutive to homicide and kidnapping related charges is not unreasonable.[3]
Where the offender was not responsible for the death of the victim the range of sentence is around 18 months.[4]
- Range
- R v Houle, 2013 ABQB 70 (CanLII), 549 AR 281, per Manderscheid J
- R v White, 2009 NLTD 99 (CanLII), 888 APR 178, per Adams J
- R v Saretzky, 2017 ABQB 496 (CanLII), per Tilleman J
- R v Albright, 2022 ABPC 221 (CanLII), per Bascom J
- ↑ R v Dhillon, 2019 ONCA 159 (CanLII), 373 CCC (3d) 392, per Watt JA, at para 22
- ↑ Dhillon, ibid., at para 22
- ↑ e.g. Dhillon, ibid.
- ↑ R v Houle, 2013 ABQB 70 (CanLII), 549 AR 281, per Manderscheid J
Repealed
Vagrancy
- Vagrancy
179 (1) Every one commits vagrancy who
- (a) supports himself in whole or in part by gaming or crime and has no lawful profession or calling by which to maintain himself; or
- (b) having at any time been convicted of an offence under section 151, 152 or 153, subsection 160(3) or 173(2) or section 271, 272 or 273, or of an offence under a provision referred to in paragraph (b) of the definition “serious personal injury offence” in section 687 of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read before January 4, 1983, is found loitering in or near a school ground, playground, public park or bathing area.
- Punishment
(2) Every one who commits vagrancy is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 179; R.S., 1985, c. 27 (1st Supp.), s. 22, c. 19 (3rd Supp.), s. 8.
[Repealed June 21, 2019 Bill C-75]