|
|
(14 intermediate revisions by the same user not shown) |
Line 1: |
Line 1: |
| | [[fr:Liste_des_modifications_au_Code_criminel]] |
| {{LevelZero}}{{HeaderCrimLaw}} | | {{LevelZero}}{{HeaderCrimLaw}} |
|
| |
|
| {{Currency|July 2021}} | | {{Currency2|July|2021}} |
|
| |
|
| [[List of Legislative Amendments|Admendments]] to the Criminal Code. For amendments to other legislation see [[List of Legislative Amendments]]. | | [[List of Legislative Amendments|Admendments]] to the Criminal Code. For amendments to other legislation see [[List of Legislative Amendments]]. |
Line 14: |
Line 15: |
| * Criminal Code, R.S.C. 1985, c. C-46 | | * Criminal Code, R.S.C. 1985, c. C-46 |
|
| |
|
| ==Parts of Code== | | ==Criminal Code== |
| The current sections of the Criminal Code, RSC 1985, c C-46 comprise of the following:
| | * [[Criminal Code Structure]] |
| {| class="wikitable" style="font-size:80%"
| |
| |-
| |
| ! Part
| |
| ! Subject Title
| |
| ! Sections
| |
| |-
| |
| | Part I (1)
| |
| | General
| |
| |s. 3.1 to 45
| |
| |-
| |
| |Part II (2)
| |
| |Offences Against Public Order
| |
| |s. 46 to 83
| |
| |-
| |
| |Part II.1 (2.1)
| |
| |Terrorism
| |
| |s. 83.01 to 83.33
| |
| |-
| |
| |Part III (3)
| |
| |Firearms and Other Weapons
| |
| |s. 84 to 117.15
| |
| |-
| |
| |Part IV (4)
| |
| |Offences Against the Administration of Law and Justice
| |
| |s. 118 to 149
| |
| |-
| |
| |Part V (5)
| |
| |Sexual Offences, Public Morals and Disorderly Conduct
| |
| |s. 150 to 182
| |
| |-
| |
| |Part VI (6)
| |
| |Invasion of Privacy
| |
| |s. 183 to 196.1
| |
| |-
| |
| |Part VII (7)
| |
| |Disorderly Houses, Gaming and Betting
| |
| |s. 197 to 213
| |
| |-
| |
| |Part VIII (8)
| |
| |Offences Against the Person and Reputation
| |
| |s. 214 to 320.1
| |
| |-
| |
| |Part VIII.1 (8.1)
| |
| |Offences Relating to Conveyances
| |
| |s. 320.11 to 320.4
| |
| |-
| |
| |Part IX (9)
| |
| |Offences Against Rights of Property
| |
| |s. 321 to 378
| |
| |-
| |
| |Part X (10)
| |
| |Fraudulent Transactions Relating to Contracts and Trade
| |
| |s. 379 to 427
| |
| |-
| |
| |Part XI (11)
| |
| |Wilful and Forbidden Acts in Respect of Certain Property
| |
| |s. 428 to 447.1
| |
| |-
| |
| |Part XII (12)
| |
| |Offences Relating to Currency
| |
| |s. 448 to 462
| |
| <!--
| |
| |-
| |
| |Part XII.1 (12.1) <br>[''REPEALED 2018, c. 16'']
| |
| |Instruments and Literature For Illicit Drug Use
| |
| |s. 462.1 to 462.2-->
| |
| |-
| |
| |Part XII.2 (12.2)
| |
| |Proceeds of Crime
| |
| |s. 462.3 to 462.5
| |
| |-
| |
| |Part XIII (13)
| |
| |Attempts-Conspiracies-Accessories
| |
| |s. 463 to 467.2
| |
| |-
| |
| |Part XIV (14)
| |
| |Jurisdiction
| |
| |s. 468 to 482.1
| |
| |-
| |
| |Part XV (15)
| |
| |Special Procedure and Powers
| |
| |s. 483 to 492.2
| |
| |-
| |
| |Part XVI (16)
| |
| |Compelling Appearance of an Accused Before a Justice and Interim Release
| |
| |s. 493 to 529.5
| |
| |-
| |
| |Part XVII (17)
| |
| |Language of Accused
| |
| |s. 530 to 533.1
| |
| |-
| |
| |Part XVIII (18)
| |
| |Procedure on Preliminary Inquiry
| |
| |s. 535 to 551
| |
| |-
| |
| |Part XVIII.1 (18.1)
| |
| |Case Management Judge
| |
| |s. 551.1 to 551.7
| |
| |-
| |
| |Part XIX (19)
| |
| |Indictable Offences-Trial Without a Jury
| |
| |s. 552 to 572
| |
| |-
| |
| |Part XIX.1 (19.1)
| |
| |Nunavut Court of Justice
| |
| |s. 573 to 573.2
| |
| |-
| |
| |Part XX (20)
| |
| |Procedure in Jury Trials and General Provisions
| |
| |s. 574 to 672
| |
| |-
| |
| |Part XX.1 (20.1)
| |
| |Mental Disorder
| |
| |s. 672.1 to 672.95
| |
| |-
| |
| |Part XXI (21)
| |
| |Appeals-Indictable Offences
| |
| |s. 673 to 696
| |
| |-
| |
| |Part XXI.1 (21.1)
| |
| |Applications for Ministerial Review-Miscarriages of Justice
| |
| |s. 696.1 to 696.6
| |
| |-
| |
| |Part XXII (22)
| |
| |Procuring Attendance
| |
| |s. 697 to 715.2
| |
| |-
| |
| |Part XXII.01 (22.01)
| |
| | Remote Attendance by Certain Persons
| |
| |s. 715.21 to 715.26
| |
| |-
| |
| |Part XXII.1 (22.1)
| |
| |Remediation Agreements
| |
| |s. 715.3 to 715.43
| |
| |-
| |
| |Part XXIII (23)
| |
| |Sentencing
| |
| |s. 716 to 751.1
| |
| |-
| |
| |Part XXIV (24)
| |
| |Dangerous Offenders and Long-Term Offenders
| |
| |s. 752 to 761
| |
| |-
| |
| |Part XXV (25)
| |
| |Effect and Enforcement of Undertakings, Release Orders and Recognizances
| |
| |s. 762 to 773
| |
| |-
| |
| |Part XXVI (26)
| |
| |Extraordinary Remedies
| |
| |s. 774 to 784
| |
| |-
| |
| |Part XXVII (27)
| |
| |Summary Convictions
| |
| |s. 785 to 840
| |
| |-
| |
| |Part XXVIII (28)
| |
| |Miscellaneous
| |
| |s. 841 to 849
| |
| |}
| |
|
| |
|
| ==Pending Amendments== | | ==Pending Amendments== |
| | | * [[Pending Amendments]] |
| ===Bill C-36===
| |
| {{Act3
| |
| | An Act to amend the Criminal Code and the Canadian Human Rights Act and to make related amendments to another Act (hate propaganda, hate crimes and hate speech)
| |
| | <!--[[:Category:20XX, c. XX|20XX, c. XX]]--> (Bill C-36)
| |
| |
| |
| |
| |
| | "This enactment amends the Criminal Code to create a recognizance to keep the peace relating to hate propaganda and hate crime and to define “hatred” for the purposes of two hate propaganda offences."
| |
| |
| |
| | [https://openparliament.ca/bills/43-2/C-36/ openparliament] [https://www.parl.ca/DocumentViewer/en/43-2/bill/C-36/first-reading First reading]
| |
| }}
| |
| | |
| | |
| ===Bill C-23===
| |
| {{Act3
| |
| |
| |
| | <!--[[:Category:20XX, c. XX|20XX, c. XX]]--> (Bill C-23)
| |
| |
| |
| |
| |
| |
| |
| |
| |
| | [https://openparliament.ca/bills/43-2/C-23/] [https://www.parl.ca/DocumentViewer/en/43-2/bill/C-23/first-reading]
| |
| }}
| |
| | |
| ===Bill C-22===
| |
| {{Act3
| |
| | An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
| |
| | <!--[[:Category:20XX, c. XX|20XX, c. XX]]--> (Bill C-22)
| |
| |
| |
| |
| |
| |
| |
| | "This enactment amends the Criminal Code and the Controlled Drugs and Substances Act to, among other things, repeal certain mandatory minimum penalties, allow for a greater use of conditional sentences and establish diversion measures for simple drug possession offences."
| |
| | [https://openparliament.ca/bills/43-2/C-22/] [https://www.parl.ca/DocumentViewer/en/43-2/bill/C-22/first-reading]
| |
| }}
| |
| | |
| | |
| ===Bill C-21===
| |
| {{Act3
| |
| | An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
| |
| | <!--[[:Category:20XX, c. XX|20XX, c. XX]]--> (Bill C-21)
| |
| |
| |
| |
| |
| |
| |
| | "This enactment amends the Criminal Code to, among other things, (a) increase, from 10 to 14 years, the maximum penalty of imprisonment for indictable weapons offences in sections 95, 96, 99, 100 and 103; (b) establish a regime that would permit any person to apply for an emergency prohibition order or an emergency limitations on access order; (c) deem certain firearms to be prohibited devices for the purpose of specified provisions; (d) create a new offence for altering a cartridge magazine to exceed its lawful capacity; and (e) authorize employees of certain federal entities who are responsible for security to be considered as public officers for the purpose of section 117.07."
| |
| | [https://openparliament.ca/bills/43-2/C-21/] [https://www.parl.ca/DocumentViewer/en/43-2/bill/C-22/first-reading]
| |
| }}
| |
| | |
| ===Bill C-13===
| |
| | |
| {{Act3
| |
| | An Act to amend the Criminal Code (single event sport betting)
| |
| | <!--[[:Category:20XX, c. XX|20XX, c. XX]]--> (Bill C-13)
| |
| |
| |
| |
| |
| |
| |
| | "This enactment amends paragraph 207(4)(b) of the Criminal Code to make it lawful for the government of a province or territory, or a licensed person or entity, to conduct and manage in the province or territory a lottery scheme that involves betting on a race — other than a horse-race — or fight, or on a single sport event or athletic contest."
| |
| | [https://openparliament.ca/bills/43-2/C-13/] [https://www.parl.ca/DocumentViewer/en/43-2/bill/C-13/first-reading]
| |
| }}
| |
| | |
| | |
| ===Bill C-6===
| |
| {{Act3
| |
| | An Act to amend the Criminal Code (conversion therapy)
| |
| | <!--[[:Category:20XX, c. XX|20XX, c. XX]]--> (Bill C-6)
| |
| |
| |
| |
| |
| | s. 164(1), (3) to (5), (7), (8), 164.1(1), (5), (7), "offence" in s. 183, 273.3(1)(c), 320.101, 320.102, 320.103, 320.104, 320.105.
| |
| | Creates criminal offence for engaging in any form of conversion therapy.
| |
| | [https://openparliament.ca/bills/43-2/C-6/] [https://www.parl.ca/DocumentViewer/en/43-2/bill/C-6/second-reading]
| |
| }}
| |
| | |
| | |
| | |
| | |
| | |
| <!--
| |
| {{ActHeader2}}<!-- ! Act Name !! Citation (Bill) !!Royal Assent Date!! In force !! Summary !! Amendment Text -->
| |
| <!--
| |
| DIED at SENATE Sept 2019
| |
| {{Act2| An Act to amend the Criminal Code (presentence report) | (Bill C-375) | {{NA}} | {{NA}} | "This enactment amends the Criminal Code to require that a presentence report contain information on any aspect of the offender’s mental condition that is relevant for sentencing purposes." | It adds (a.1) to s. 721(3). | [http://www.parl.ca/DocumentViewer/en/42-1/bill/C-375/third-reading draft text]<Br> }}
| |
| -->
| |
| | |
| | |
| <!--
| |
| ===Dormant Bills===
| |
| | |
| {{ActHeader2}}<!-- ! Act Name !! Citation (Bill) !!Royal Assent Date!! In force !! Summary !! Amendment Text -->
| |
| | |
| <!--
| |
| BILLS DIED ON END OF SESSION
| |
| {{Act2| An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts | (Bill C-39) | {{NA}} | {{NA}} | "This enactment amends the Criminal Code to, among other things, remove passages and repeal provisions that have been ruled unconstitutional by the Supreme Court of Canada. It also repeals section 159 of that Act and provides that no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid. It also makes consequential amendments to the Corrections and Conditional Release Act and the Youth Criminal Justice Act." |It replaces s. 7(4.1), 150.1(5), 161(1.1)(a), 229(c), 258(1)(c), (d), 273.3(1)(c), 274, 275, 276(1), 277, 278.2(1)(a), 486(3), 486.4(1)(a)(i), 719(3.1), 810.1(1). It modifies s. 179(1). It adds s. 156. It repeals s. 159, 181, 230, 287, 490.011(1) "designated offence" (b)(iii) | [https://openparliament.ca/bills/42-1/C-39/ draft text] }}
| |
| | |
| {{Act2|An Act related to the repeal of section 159 of the Criminal Code | (Bill C-32) | {{NA}} | {{NA}} | The amendments intend to "repeal section 159 and to provide that no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid. It also makes consequential amendments to that Act, the Corrections and Conditional Release Act and the Youth Criminal Justice Act." | It replaces s. 7(4.1), 150.1(5), 161(1.1)(a), 273.3.(1)(c), 274, 275, 276(1), 277, 287.2(1)(a), 486(3), 486.4(1)(a)(i), 810.1(1). It adds s. 156. |[https://openparliament.ca/bills/42-1/C-32/ draft text] }}
| |
| | |
| {{Act2|An Act to amend the Criminal Code (victim surcharge) | (Bill C-28) | {{NA}} | {{NA}} | The amendments intend to "a) allow the court to exempt an offender from the payment of a victim surcharge in cases where the offender satisfies the court that the payment would cause the offender undue hardship and to provide the court with guidance with respect to what constitutes undue hardship;... provide that a victim surcharge is to be paid for each offence, with an exception for certain administration of justice offences if the total amount of surcharges imposed on an offender for these types of offences would be disproportionate in the circumstances; ...require courts to provide reasons for the application of any exception for certain administration of justice offences or any exemption from the payment of a victim surcharge; and... clarify that these amendments apply to any offender who is sentenced after the day on which the amendments come into force, regardless of whether or not the offence was committed before that day."| It replaces s. 673(b), 737(1), (1.1), (9), 785(b) . It adds s. 737(5), (6), (6.1), (6.2), (10). | [https://openparliament.ca/bills/42-1/C-28/ draft text] }}
| |
| | |
| {{Act2|An Act to amend the Criminal Code (sentencing for violent offences against Aboriginal women) | (Bill S-215) |{{NA}} |{{NA}} |The amendment adds the requirement for "a court, when imposing a sentence for certain violent offences, to consider the fact that the victim is an Aboriginal woman to be an aggravating circumstance". | The Act adds s. 239.1 and 273.01 to the Code. |[https://openparliament.ca/bills/42-1/S-215/ draft text] }}
| |
| | |
| {{Act2|An Act to amend the Criminal Code (protection of children against standard child-rearing violence) | (Bill S-206) | {{NA}} | {{NA}} | This amendment to the Code "removes the justification in the Criminal Code available to schoolteachers, parents and persons standing in the place of parents of using force as a means of correction toward a pupil or child under their care." (see [[Corrective Force]], re s. 43 of Code) | It repeals s. 43. | [https://openparliament.ca/bills/42-1/S-206/ draft text] }}
| |
| | |
| DEAD BILLS as of June 2018
| |
| {{Act2|An Act to amend the Criminal Code (drug-impaired driving) | (Bill S-230) | {{NA}} | {{NA}}| The amendments "authorize the use of an approved screening device to detect the presence of drugs in the body of a person who was operating a vehicle or who had the care or control of a vehicle. It also authorizes the taking of samples of bodily substances to determine the concentration of drugs in a person’s body, based on physical coordination tests and the result of the analysis conducted using an approved screening device." |It replaces s. 254(1) [approved screening device], 254(2), 254(3.4). |[https://openparliament.ca/bills/42-1/S-230/ draft text] }}
| |
| -->
| |
| | |
| | |
| See also [[List of Criminal Code Amendments#Unproclaimed Amendments|Unproclaimed Amendments]] below for more laws awaiting order in council.
| |
|
| |
|
| ==2020 to Present== | | ==2020 to Present== |
| {{seealso|List of Criminal Code Amendments (2020 to present)}}
| | * [[List of Criminal Code Amendments (2020 to present)]] |
|
| |
|
| ==2010 to 2019== | | ==2010 to 2019== |
Line 303: |
Line 40: |
|
| |
|
| |An Act to amend the Criminal Code (exploitation and trafficking in persons) | | |An Act to amend the Criminal Code (exploitation and trafficking in persons) |
| || S.C. 2015, c. 16 (Bill C-452)|| June 18, 2015 || In force on OIC || Amends s. 279.01 to 279.05 to create a presumption of culpability for those living with exploited persons. It also makes sentences under these sections consecutive. <br>NB: An Act to amend An Act to amend the Criminal Code (exploitation and trafficking in persons) (Bill C-38) amends the provision relating to the bill coming into force. || [http://laws-lois.justice.gc.ca/eng/AnnualStatutes/2015_16/page-1.html#h-1 text] | | || S.C. 2015, c. 16 (Bill C-452)|| June 18, 2015 || In force on OIC || Amends s. 279.01 to 279.05 to create a presumption of culpability for those living with exploited persons. It also makes sentences under these sections consecutive. <br>NB: An Act to amend An Act to amend the Criminal Code (exploitation and trafficking in persons) (Bill C-38) amends the provision relating to the bill coming into force. || [http://laws-lois.justice.gc.ca/eng/AnnualStatutes/2015_16/page-1.html#h-1 text]<Br> [https://www.parl.ca/LegisInfo/en/bill/41-1/C-452 Full Legislative History] |
|
| |
|
| {{ActEnd}} | | {{ActEnd}} |
| | |
| | ==Failed Amendments== |
| | * [[Failed Amendments]] |
|
| |
|
| ==Versions of Criminal Code (2002 to Present)== | | ==Versions of Criminal Code (2002 to Present)== |
Line 315: |
Line 55: |
| |- | | |- |
| | | | | |
| | * [https://canlii.ca/t/555n9 Aug 27, 2021] |
| * [https://canlii.ca/t/5533n May 6, 2021] | | * [https://canlii.ca/t/5533n May 6, 2021] |
| * [https://canlii.ca/t/5525g Mar 17, 2021] | | * [https://canlii.ca/t/5525g Mar 17, 2021] |
Line 435: |
Line 176: |
| * [[Repealed Provisions (Part XV)]] | | * [[Repealed Provisions (Part XV)]] |
| * [[Repealed Provisions (Part XXVIII)]] | | * [[Repealed Provisions (Part XXVIII)]] |
| | |
| | ==List of Parliamentary Sessions== |
| | |
| | ; Legislative Sessions |
| | * 44th Parl., 1st session (November 22, 2021 to present) |
| | * 43rd Parl., 2nd session (September 23, 2020 to August 15, 2021) |
| | * 43rd Parl., 1st session (December 5, 2019 to August 18, 2020) |
| | * ... |
| | * 37th Parl., 1st session (January 29, 2001 to September 16, 2002) |
| | * ... |
| | |
|
| |
|
| ==See Also== | | ==See Also== |
| * [http://laws-lois.justice.gc.ca/eng/AnnualStatutes/ Annual Statutes] | | * [http://laws-lois.justice.gc.ca/eng/AnnualStatutes/ Annual Statutes] (2002 to present) |
| | * [https://www.solon.org/Statutes/Canada/ Annual Statutes 1867 to 2020] |
| * [https://www.ourcommons.ca/PublicationSearch/en/ search hansard] | | * [https://www.ourcommons.ca/PublicationSearch/en/ search hansard] |
| * [http://www.pco-bcp.gc.ca/oic-ddc.asp?page=secretariats&lang=eng Order-in-Council Database] | | * [http://www.pco-bcp.gc.ca/oic-ddc.asp?page=secretariats&lang=eng Order-in-Council Database] |