History of Abduction

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Abduction of Young Persons

The predecessor to s. 381 was the offence of child stealing under s. 284 of the original Criminal Code from 1892 In 1906, it was revised to child abduction. Minor revisions were made in 1953, 1970, 1982, and 1985.

Section 273.3

Prior to July 17, 2015, s. 273.3 read:

Removal of child from Canada

273.3 (1) No person shall do anything for the purpose of removing from Canada a person who is ordinarily resident in Canada and who is

(a) under the age of 16 years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 151 or 152 or subsection 160(3) or 173(2) in respect of that person;

(b) 16 years of age or more but under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 153 in respect of that person; or

(c) under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 155 or 159, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272 or 273 in respect of that person.

...
1993, c. 45, s. 3; 1997, c. 18, s. 13; 2008, c. 6, s. 54.

– CCC

Prior to July 2, 2008, the section read:

Removal of child from Canada

273.3 (1) No person shall do anything for the purpose of removing from Canada a person who is ordinarily resident in Canada and who is

(a) under the age of fourteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 151 or 152 or subsection 160(3) or 173(2) in respect of that person;

(b) fourteen years of age or more but under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 153 in respect of that person; or

(c) under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 155 or 159, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272 or 273 in respect of that person.

...
1993, c. 45, s. 3; 1997, c. 18, s. 13.

– CCC (CanLII), (DOJ)

Section 273.3(1)(b) was replaced by 1997, c. 18 with the following:

(b) fourteen years of age or more but under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 153 in respect of that person; or

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Section 273.3 was enacted by 1993, c. 45, s. 3 as:

Removal of child from Canada

273.3 (1) No person shall do anything for the purpose of removing from Canada a person who is ordinarily resident in Canada and who is

(a) under the age of fourteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 151 or 152 or subsection 160(3) or 173(2) in respect of that person;

(b) over the age of fourteen years but under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 153 in respect of that person; or

(c) under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 155 or 159, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272 or 273 in respect of that person.

Punishment

(2) Every person who contravenes this section is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

(b) an offence punishable on summary conviction.

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Abduction of Heiress

• Abduction of Heiress (s.314/282): repealed around 1953

1892

The Criminal Code, 1892, S.C. 1892, c. 29, s. 282.

Abduction of an heiress

282. Every one is guilty of an indictable offence and liable to fourteen years’ imprisonment who, with intent to marry or carnally know any woman, or with intent to cause any woman to be married or carnally known by any person–

(a) from motives of lucre takes away or detains against her will any such woman of any age who has any interest, whether legal or equitable, present or future, absolute, conditional or contingent, in any real or personal estate, or who is a presumptive heiress or co-heiress or presumptive next of kin to any one having such interest; or

(b) fraudulently allures, takes away or detains any such woman, being under the age of twenty-one years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her, with intent to marry or carnally know her.

2. Every one convicted of any offence defined in this section is incapable of taking any estate or interest, legal or equitable, in any real or personal property of such woman, or in which she has any interest, or which comes to her as such heiress, co-heiress or next of kin; and if any such marriage takes place such property shall, upon such conviction, be settled in such manner as any court of competent jurisdiction, upon any information at the instance of the Attorney General appoints.

R.S.C., c. 162, s. 42.

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1906

Criminal Code, S.C. 1906, c. 146, s. 314.

Offence. Penalty. Intent.

314. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who, with intent to marry or carnally know any woman, or with intent to cause any woman to be married or carnally known by any person,—

Abduction of heiress

(a) from motives of lucre takes away or detains against her will any woman of any age who has any interest, whether legal or equitable, present or future, absolute, conditional or contingent, in any real or personal estate, or who is a presumptive heiress or co-heiress or presumptive next of kin to any one having such interest; or,

Alluring away against will of parent

(b) fraudulently allures, takes away or detains any woman, being under the age of twenty-one years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her, with intent to marry or carnally know her.

Effect of conviction on property

2. Every one convicted of any offence defined in this section is incapable of taking any estate or interest, legal or equitable, in any real or personal property of such woman, or in which she has any interest, or which comes to her as such heiress, co-heiress or next of kin; and if any such marriage takes place such property shall, upon such conviction, be settled in such manner as any court of competent jurisdiction, upon any information at the instance of the Attorney General, appoints.

55-56 V., c.29, s.282.

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1909

An Act to amend the Criminal Code, S.C. 1909, c. 9, s. 2.

Offence. Penalty. Intent.

314. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment, who, with intent to marry or carnally know any woman, or with intent to cause any woman to be married or carnally known by any other person, such woman having any interest, legal or equitable, present or future, absolute, conditional or contingent, in any real or personal estate, or being a presumptive heiress or co-heiress, or presumptive next of kin, to any one having such an interest,—

Against her will

(a) from motives of lucre takes away or detains such woman against her will, whatever the age of such woman,

Against will of parent or guardian

(b) fraudulently allures, takes away or detains such woman out of the possession and against the will of her father or mother or other person having the lawful care or charge of her, such woman being under the age of twenty-one years.

Effect of conviction on property

2. Every one convicted of any offence defined in this section is incapable of taking any estate or interest, legal or equitable, in any real or personal property of such woman, or in which she has any interest, or which comes to her as such heiress, co-heiress or next of kin; and if such marriage takes place such property shall, upon such conviction, be settled in such manner as any court of competent jurisdiction, upon any information at the instance of the Attorney General, appoints.

55-56 V., c.29, s. 282.

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1927

Criminal Code, R.S.C. 1927, c. 36, s. 314.

Abduction of heiress

314. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment, who, with intent to marry or carnally know any woman, or with intent to cause any woman to be married or carnally known by any other person, such woman having any interest, legal or equitable, present or future, absolute, conditional or contingent, in any real or personal estate, or being a presumptive heiress or co-heiress, or presumptive next of kin, to any one having such an interest,

Against her will

(a) from motives of lucre takes away or detains such woman against her will, whatever the age of such woman;

Against will of parent or guardian

(b) fraudulently allures, takes away or detains such woman out of the possession and against the will of her father or mother or other person having the lawful care or charge of her, such woman being under the age of twenty-one years.

Effect of conviction on property

2. Every one convicted of any offence defined in this section is incapable of taking any estate or interest, legal or equitable, in any real or personal property of such woman, or in which she has any interest, or which comes to her as such heiress, co-heiress or next of kin; and if any such marriage takes place such property shall, upon such conviction, be settled in such manner as any court of competent jurisdiction, upon any information at the instance of the Attorney General, appoints.

R.S., c. 146, s. 314; 1909, c. 9, s. 2.

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Abduction of a Woman

An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 20.

1970

Criminal Code, R.S.C. 1970, c. C-34, s. 248.

Abduction of female

248. Every one who takes away or detains a female person, against her will, with intent

(a) to marry her or to have illicit sexual intercourse with her, or

(b) to cause her to marry or to have illicit sexual intercourse with a male person,

is guilty of an indictable offence and is liable to imprisonment for ten years.

1953-54, c. 51, s. 234.

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1953

Criminal Code, S.C. 1953-54, c. 51, s. 234.

Abduction of female

234. Every one who takes away or detains a female person, against her will, with intent

(a) to marry her or to have illicit sexual intercourse with her, or

(b) to cause her to marry or to have illicit sexual intercourse with a male person,

is guilty of an indictable offence and is liable to imprisonment for ten years.

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1927

Criminal Code, R.S.C. 1927, c. 36, s. 313.

Abduction of a woman

313. Every one is guilty of an indictable offence and liable to ten years' imprisonment who, against her will, takes away or detains any woman of any age and whether married or not, with intent to marry or carnally know such woman or to cause her to be married or carnally known by any other person.

1909, c. 9, s. 2.

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1909

An Act to amend the Criminal Code, S.C. 1909, c. 9, s. 2.

Abduction of a woman

313. Every one is guilty of an indictable offence and liable to ten years' imprisonment who, against her will, takes away or detains any woman of any age and whether married or not, with intent to marry or carnally know such woman or to cause her to be married or carnally known by any other person.

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1906

Criminal Code, R.S.C. 1906, c. 146, s. 313.

Abduction of a woman

313. Every one is guilty of an indictable offence and liable to fourteen years’ imprisonment who, with intent to marry or carnally know any woman, whether married or not, or with intent to cause any woman to be married to or carnally known by any other person, takes away or detains any woman of any age against her will.

55-56 V., c. 29, s. 281.

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1892

The Criminal Code, 1892, S.C. 1892, c. 29, s. 281.

281. Every one is guilty of an indictable offence and liable to fourteen years’ imprisonment who, with intent to marry or carnally know any woman, whether married or not, or with intent to cause any woman to be married to or carnally known by any other person, takes away or detains any woman of any age against her will.

R.S.C., c. 162, s. 43.

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Abduction of a Girl Under 16

1985 Criminal Code

Criminal Code, R.S.C. 1985, c. C-46.

Abduction of person under sixteen

280. (1) Every one who, without lawful authority, takes or causes to be taken an unmarried person under the age of sixteen years out of the possession of and against the will of the parent or guardian of that person or of any other person who has the lawful care or charge of that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Definition of “guardian”

(2) In this section and sections 281 to 283, “guardian” includes any person who has in law or in fact the custody or control of another person.

R.S., c. C-34, s. 249; 1980-81-82-83, c. 125, s. 20.

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Defence

284. No one shall be found guilty of an offence under sections 281 to 283 if he establishes that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was done with the consent of the parent, guardian, or other person having the lawful possession, care or charge of that young person.

1980-81-82-83, c. 125, s. 20.

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Defence

285. No one shall be found guilty of an offence under sections 280 to 283 if the court is satisfied that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was necessary to protect the young person from danger of imminent harm. 1980-81-82-83, c. 125, s. 20.

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No defence

286. In proceedings in respect of an offence under sections 280 to 283, it is not a defence to any charge that a young person consented to or suggested any conduct of the accused.

1980-81-82-83, c. 125, s. 20.

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1980

An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 20.

Abduction of person under sixteen

249. (1) Every one who, without lawful authority, takes or causes to be taken an unmarried person under the age of sixteen years out of the possession of and against the will of the parent or guardian of that person or of any other person who has the lawful care or charge of that person is guilty of an indictable offence and is liable to imprisonment for five years.

(2) In this section and sections 250 to 250.2, “guardian” includes any person who has in law or in fact the custody or control of another person.

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Defence

250.4 No one shall be found guilty of an offence under sections 249 to 250.2 if the court is satisfied that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was necessary to protect the young person from danger of imminent harm.

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No defence

250.5 In proceedings in respect of an offence under sections 249 to 250.2, it is not a defence to any charge that a young person consented to or suggested any conduct of the accused.

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1970

Criminal Code, S.C. 1970, c. C-34, s. 249.

Abduction of female under sixteen

249. (1) Every one who, without lawful authority, takes or causes to be taken an unmarried female person under the age of sixteen years out of the possession of and against the will or her parent or guardian or of any other person who has lawful care or charge of her is guilty of an indictable offence and is liable to imprisonment for five years.

Matters not material

(2) For the purpose of proceedings under this section it is not material whether

(a) the female person is taken with her own consent or at her own suggestion, or

(b) the accused believes that the female person is sixteen years of age or more. 1953-54, c. 51, s. 235.

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1953

Criminal Code, S.C. 1953-54, c. 51, s. 235.

Abduction of female under sixteen

235. (1) Every one who, without lawful authority, takes or causes to be taken an unmarried female person under the age of sixteen years out of the possession of and against the will of her parent or guardian or of any other person who has lawful care or charge of her is guilty of an indictable offence and is liable to imprisonment for five years.

Consent immaterial. Belief as to age immaterial

(2) For the purpose of proceedings under this section it is not material whether

(a) the female person is taken with her own consent or at her own suggestion, or

(b) the accused believes that the female person is sixteen years of age or more.

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1927

Criminal Code, R.S.C. 1927, c. 36, s. 315.

Abduction of girl under sixteen

315. Every one is guilty of an indictable offence and liable to five years' imprisonment who unlawfully takes or causes to be taken any unmarried girl, who is under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her.

Consent immaterial

2. It is immaterial whether the girl is taken with her own consent or at her own suggestion or not.

Belief of offender

3. It is immaterial whether or not the offender believed the girl to be of or above the age of sixteen. R.S., c. 146, s. 315.

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1906

Criminal Code, R.S.C. 1906, c. 146, s. 315.

Abduction of girl under sixteen

315. Every one is guilty of an indictable offence and liable to five years’ imprisonment who unlawfully takes or causes to be taken any unmarried girl, who is under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her.

Consent immaterial

2. It is immaterial whether the girl is taken with her own consent or at her own suggestion or not.

Belief of offender

3. It is immaterial whether or not the offender believed the girl to be of or above the age of sixteen. 55-56 V., c. 29, s. 283.

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1892

The Criminal Code, 1892, S.C. 1892, c. 29, s. 283.

Abduction of girl under sixteen

283. Every one is guilty of an indictable offence and liable to five years’ imprisonment who unlawfully takes or causes to be taken any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her.

2. It is immaterial whether the girl is taken with her own consent or at her suggestion or not.

3. It is immaterial whether or not the offender believed the girl to be of or above the age of sixteen.

R.S.C., c. 162, s. 44.

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