Miscellaneous Repealed Offences

Alarming Her Majesty

Repealed December 13, 2018 in 2018, c. 29.

Acts intended to alarm Her Majesty or break public peace

49. Every one who wilfully, in the presence of Her Majesty,

(a) does an act with intent to alarm Her Majesty or to break the public peace, or

(b) does an act that is intended or is likely to cause bodily harm to Her Majesty,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 49.

– CCC

Note up: 49

Dueling

Duels

Duelling

71. Every one who

(a) challenges or attempts by any means to provoke another person to fight a duel,

(b) attempts to provoke a person to challenge another person to fight a duel, or

(c) accepts a challenge to fight a duel,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 72.

– CCC

Note up: 71

Advertising Reward

Advertising reward and immunity

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.

– CCC

Note up: 143

Tied Sale

Tied sale

165. Every one commits an offence who refuses to sell or supply to any other person copies of any publication for the reason only that the other person refuses to purchase or acquire from him copies of any other publication that the other person is apprehensive may be obscene or a crime comic.
R.S., c. C-34, s. 161.

– CCC

Note up: 165

Volatile Substance

Offensive volatile substance

178. Every one other than a peace officer engaged in the discharge of his duty who has in his possession in a public place or who deposits, throws or injects or causes to be deposited, thrown or injected in, into or near any place,

(a) an offensive volatile substance that is likely to alarm, inconvenience, discommode or cause discomfort to any person or to cause damage to property, or

(b) a stink or stench bomb or device from which any substance mentioned in paragraph (a) is or is capable of being liberated,

is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 174.

– CCC

Note up: 178

Repealed December 13, 2018 (See List of Criminal Code Amendments)

Failure to keep watch on person towed

Failure to keep watch on person towed

250 (1) Every one who operates a vessel while towing a person on any water skis, surf-board, water sled or other object, when there is not on board such vessel another responsible person keeping watch on the person being towed, is guilty of an offence punishable on summary conviction.

Towing of person after dark

(2) Every one who operates a vessel while towing a person on any water skis, surf-board, water sled or other object during the period from one hour after sunset to sunrise is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 250; R.S., 1985, c. 27 (1st Supp.), s. 36.

– CCC

Note up: 250 (1) and (2)

Unseaworthy vessel and unsafe aircraft

Unseaworthy vessel and unsafe aircraft

251 (1) Every one who knowingly

(a) sends or being the master takes a vessel that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament and that is unseaworthy
(i) on a voyage from a place in Canada to any other place in or out of Canada, or

(ii) on a voyage from a place on the inland waters of the United States to a place in Canada,

(b) sends an aircraft on a flight or operates an aircraft that is not fit and safe for flight, or

(c) sends for operation or operates railway equipment that is not fit and safe for operation

and thereby endangers the life of any person, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Defences

(2) An accused shall not be convicted of an offence under this section where the accused establishes that,

(a) in the case of an offence under paragraph (1)(a),
(i) the accused used all reasonable means to ensure that the vessel was seaworthy, or

(ii) to send or take the vessel while it was unseaworthy was, under the circumstances, reasonable and justifiable;

(b) in the case of an offence under paragraph (1)(b),
(i) the accused used all reasonable means to ensure that the aircraft was fit and safe for flight, or

(ii) to send or operate the aircraft while it was not fit and safe for flight was, under the circumstances, reasonable and justifiable; and

(c) in the case of an offence under paragraph (1)(c),
(i) the accused used all reasonable means to ensure that the railway equipment was fit and safe for operation, or

(ii) to send the railway equipment for operation or to operate it while it was not fit and safe for operation was, under the circumstances, reasonable and justifiable.

Consent of Attorney General

(3) No proceedings shall be instituted under this section in respect of a vessel or aircraft, or in respect of railway equipment sent for operation or operated on a line of railway that is within the legislative authority of Parliament, without the consent in writing of the Attorney General of Canada.
R.S., 1985, c. C-46, s. 251; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 58.

– CCC

Note up: 251 (1), (2) and (3)

Unauthorized Use of Bodily Sample

Unauthorized use of bodily substance

258.1 (1) Subject to subsection (3) and subsections 258(4) and (5), no person shall use a bodily substance taken under paragraph 254(2)(b) or (c), subsection 254(3), (3.1), (3.3) or (3.4) or section 256 or with the consent of the person from whom it was taken after a request by a peace officer or medical samples that are provided by consent and subsequently seized under a warrant, except for the purpose of an analysis that is referred to in that provision or for which the consent is given.

Unauthorized use or disclosure of results

(2) Subject to subsections (3) and (4), no person shall use, disclose or allow the disclosure of the results of physical coordination tests under paragraph 254(2)(a), the results of an evaluation under paragraph 254(3.1)(a), the results of the analysis of a bodily substance taken under paragraph 254(2)(b) or (c), subsection 254(3), (3.3) or (3.4) or section 256 or with the consent of the person from whom it was taken after a request by a peace officer, or the results of the analysis of medical samples that are provided by consent and subsequently seized under a warrant, except

(a) in the course of an investigation of, or in a proceeding for, an offence under any of sections 220, 221, 236 and 249 to 255, an offence under Part I of the Aeronautics Act, or an offence under the Railway Safety Act in respect of a contravention of a rule or regulation made under that Act respecting the use of alcohol or a drug; or

(b) for the purpose of the administration or enforcement of the law of a province.

Exception

(3) Subsections (1) and (2) do not apply to persons who for medical purposes use samples or use or disclose the results of tests, taken for medical purposes, that are subsequently seized under a warrant.

Exception

(4) The results of physical coordination tests, an evaluation or an analysis referred to in subsection (2) may be disclosed to the person to whom they relate, and may be disclosed to any other person if the results are made anonymous and the disclosure is made for statistical or other research purposes.

Offence

(5) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.
2008, c. 6, s. 25; 2018, c. 21, s. 8.

– CCC

Note up: 258.1 (1), (2), (3), (4), and (5)

Purpose

The clear purpose of s. 258.1 is to "protect the privacy of individuals who undergo testing procedures and evaluations described in ss. 254 and 256".^[1]

↑ R v Stipo, 2017 ONSC 5208 (CanLII) (CanLII)], per Schreck J, at para 41

Supplying Noxious Things

Supplying noxious things

288 Every one who unlawfully supplies or procures a drug or other noxious thing or an instrument or thing, knowing that it is intended to be used or employed to procure the miscarriage of a female person, whether or not she is pregnant, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. R.S., c. C-34, s. 252.

– CCC

Note up: 288

Blasphemous Libel

Blasphemous Libel

Offence

296 (1) Every one who publishes a blasphemous libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Question of fact

(2) It is a question of fact whether or not any matter that is published is a blasphemous libel.

Saving

(3) No person shall be convicted of an offence under this section for expressing in good faith and in decent language, or attempting to establish by argument used in good faith and conveyed in decent language, an opinion on a religious subject.
R.S., c. C-34, s. 260.

– CCC

Note up: 296 (1), (2) and (3)

Refusing to Deliver Property

Public servant refusing to deliver property

337. Every one who, being or having been employed in the service of Her Majesty in right of Canada or a province, or in the service of a municipality, and entrusted by virtue of that employment with the receipt, custody, management or control of anything, refuses or fails to deliver it to a person who is authorized to demand it and does demand it is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 297.

– CCC

Note up: 337

Section 337 was legislated in order to "prevent theft by public employees of their monies, documents, or other chattel" possessed through employment.^[1] The party requesting the thing must be a person in authority in an employee/employer relationship.^[2]

↑ Ambrosi v British Columbia (Attorney General), 2014 BCCA 123 (CanLII), per Bennett JA (3:0), at para 54
↑ Ambrosi, ibid., at para 56

Pretending to Practise Witchcraft

Repealed December 13, 2018 (see List of Criminal Code Amendments).

Pretending to practise witchcraft, etc.

365 Every one who fraudulently

(a) pretends to exercise or to use any kind of witchcraft, sorcery, enchantment or conjuration,

(b) undertakes, for a consideration, to tell fortunes, or

(c) pretends from his skill in or knowledge of an occult or crafty science to discover where or in what manner anything that is supposed to have been stolen or lost may be found,

is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 323.

– CCC

Note up: 365

Counterfeit Proclamation

Counterfeit proclamation, etc.

370. Every one who knowingly

(a) prints any proclamation, order, regulation or appointment, or notice thereof, and causes it falsely to purport to have been printed by the Queen’s Printer for Canada or the Queen’s Printer for a province, or

(b) tenders in evidence a copy of any proclamation, order, regulation or appointment that falsely purports to have been printed by the Queen’s Printer for Canada or the Queen’s Printer for a province,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 328.

– CCC

Note up: 370

Message in a False Name

Message in false name

371 Everyone who, with intent to defraud, causes a message to be sent as if it were sent under the authority of another person, knowing that it is not sent under that authority and with intent that it should be acted on as if it were, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
R.S., 1985, c. C-46, s. 371; 2014, c. 31, s. 18.

– CCC

Note up: 371

Trader failing to keep accounts

Trader failing to keep accounts

402 (1) Every one who, being a trader or in business,

(a) is indebted in an amount exceeding one thousand dollars,

(b) is unable to pay his creditors in full, and

(c) has not kept books of account that, in the ordinary course of the trade or business in which he is engaged, are necessary to exhibit or explain his transactions,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Saving

(2) No person shall be convicted of an offence under this section

(a) where, to the satisfaction of the court or judge, he
(i) accounts for his losses, and

(ii) shows that his failure to keep books was not intended to defraud his creditors; or

(b) where his failure to keep books occurred at a time more than five years prior to the day on which he was unable to pay his creditors in full.

R.S., c. C-34, s. 360.

– CCC

Note up: 402 (1) and (2)

Personation in Examination

Personation at examination

404. Every one who falsely, with intent to gain advantage for himself or some other person, personates a candidate at a competitive or qualifying examination held under the authority of law or in connection with a university, college or school or who knowingly avails himself of the results of such personation is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 362.

– CCC

Note up: 404

Falsely Claiming Royal Warrant

Falsely claiming royal warrant

413. Every one who falsely represents that goods are made by a person holding a royal warrant, or for the service of Her Majesty, a member of the Royal Family or a public department is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 371.

– CCC

Note up: 413

Issuing Trade stamps

Trading Stamps

Issuing trading stamps

427 (1) Every one who, by himself or his employee or agent, directly or indirectly issues, gives, sells or otherwise disposes of, or offers to issue, give, sell or otherwise dispose of trading stamps to a merchant or dealer in goods for use in his business is guilty of an offence punishable on summary conviction.

Giving to purchaser of goods

(2) Every one who, being a merchant or dealer in goods, by himself or his employee or agent, directly or indirectly gives or in any way disposes of, or offers to give or in any way dispose of, trading stamps to a person who purchases goods from him is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 384.

– CCC

Note up: 427 (1) and (2)

Criminal Negligence (Street Racing)

The passing of 2018, c. 21 repealed the following offences:

Causing death by criminal negligence (street racing)

249.2 Everyone who by criminal negligence causes death to another person while street racing is guilty of an indictable offence and liable to imprisonment for life.
[[List of Criminal Code Amendments (2000 to 2009)#2006, c. 14, s. 2|2006, c. 14, s. 2]] [[Category:2006, c. 14, s. 2]].

– CCC

Note up: 249.2

Causing bodily harm by criminal negligence (street racing)

249.3 Everyone who by criminal negligence causes bodily harm to another person while street racing is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
[[List of Criminal Code Amendments (2000 to 2009)#2006, c. 14, s. 2|2006, c. 14, s. 2]] [[Category:2006, c. 14, s. 2]].

– CCC

Note up: 249.3

[1] R v Stipo, 2017 ONSC 5208 (CanLII) (CanLII)], per Schreck J, at para 41

[2] Ambrosi v British Columbia (Attorney General), 2014 BCCA 123 (CanLII), per Bennett JA (3:0), at para 54

[3] Ambrosi, ibid., at para 56

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