Recodifying Criminal LawReport 31 of the Law Reform Commission of Canada (Ottawa: LRCC, 1987) Table of Contents THE GENERAL PART TITLE I: General PrinciplesChapter
1: Principles of General Application and
Interpretation (1)
Title (2)
Definitions (3)
Interpretation Chapter
2: Principles of Liability (3)
Conduct (a) General Rule (b) Omissions (c) Duties (d)
Medical Treatment Exception (4)
Requirements for Culpability (a) General Requirements as to Level of Culpability (b) Definitions (c) Greater Culpability Requirement Satisfies Lesser (d)
Residual Rule (5)
Corporate (6)
Causation Chapter
3: Defences (1)
Lack of Control (a) Compulsion, Impossibility, Automatism (b)
Exception: Negligence (a) Mistake of Fact (b)
Exception: Recklessness and Negligence (3)
Intoxication (a) General Rule (b)
Proviso: Criminal Intoxication Exemptions (4)
Immaturity (6)
Mental Disorder Justifications
and Excuses (7)
Mistake or Ignorance of Law (8)
Duress (9)
Necessity (a) General Rule (b)
Exception (a) General Rule (b)
Exception: Law Enforcement (11)
Protection of Movable Property (12)
Protection of Immovable Property (a) General Rule (b)
Exception (13)
Protection of Persons Acting under
Legal Authority (a) General Rule (b)
Force Used by Peace Officers (15)
Superior Orders (16)
Lawful Assistance (17)
Mistaken Belief as to Defence (a) General Rule (b)
Exception Chapter
4: Involvement in Crime (1)
Committing (2)
Furthering (3)
Attempt (5)
Conspiracy (6)
Different Crime Committed from That
Furthered (a)
General Rule (b)
Exception (c)
Qualification (a)
Committing (b)
Furthering (c)
Attempting (d)
Attempted Furthering (e)
Unclear Cases Chapter
5: Territorial Jurisdiction (1)
General Rule THE SPECIAL PART TITLE II: Crimes against the PersonPart l: Crimes against
Personal Safety and Liberty Chapter
6: Crimes against Life (2)
Manslaughter (3)
Murder (6)
Palliative Care Chapter
7: Crimes
against Bodily Integrity (1)
Assault by Touching or Hurting (3)
Exceptions (a) Medical Treatment (b)
Sporting Activities Chapter
8: Crimes against Psychological Integrity (1)
Harassment (2)
Threatening (4)
Extortion Chapter
9: Crimes against Personal Liberty (1)
Confinement (2)
Kidnapping (3)
Child Abduction Chapter
10: Crimes Causing Danger (1)
Endangering (a)
General Rule (b)
Exception (3)
Impeding Rescue (4)
Endangering by Motor Vehicle, Etc (5)
Impaired or with More than Eighty
Milligrams of Alcohol in One Hundred Millilitres of
Blood (6)
Failure or Refusal to Provide Sample (a) General Rule (b)
Exception (7)
Failure to Stop at Scene of Accident (8)
Driving a Motor Vehicle While
Disqualified (9)
Interfering with Transportation
Facilities (10)
Aggravating Factors Part 2: Crimes against
Personal Security and Privacy Chapter
11: Unlawful Surveillance (a)
General Rule (b)
Exception (2)
Unauthorized Entry of Private Premises (3)
Unauthorized Search of Private
Premises (4)
Use of Force to Gain Entry (5)
Disclosure of Private Communications
Chapter
12: Criminal Intrusion (2)
Aggravated Criminal Intrusion TITLE III. Crimes against PropertyPart 1: Crimes of Dishonesty Chapter
13: Theft and Related Crimes [Alternative
1] (1)
Theft (3)
Fraud [Alternative
2] (1)
Theft (3)
Fraud Chapter
14: Forgery and Related Crimes (1)
Forgery of Public Documents (2)
Forgery of Other Documents (3)
Fraudulent Documentary
Misrepresentation (4)
Obliteration of Identifying Marks Chapter
15: Commercial Frauds and Related Matters (1)
Bribery of Agent (3)
Disposal of Property to Defraud
Creditors (4)
Receipt of Property to Defraud
Creditors (5)
Criminal Lending Part 2: Crimes of Violence
and Damage Chapter
16: Robbery (1)
Robbery Chapter
17: Criminal Damage (1)
Vandalism (2)
Arson Part 3: Crimes of Possession Chapter
18: Miscellaneous Property Crimes (1)
Possession of Things in Suspicious
Circumstances (2)
Possession of Prohibited Things (3)
Possession of Things Dangerous in
Themselves (5)
Unauthorized Use of Canadian Passports
and Certificates of Citizenship (6) Possession of Things Obtained by Crime (7)
Criminal Dealing TITLE IV: Crimes against the Natural OrderChapter
19: Crimes against the Environment (1)
Disastrous Damage to the Environment (2)
Non compliance Chapter
20: Crimes against Animals (2)
Exceptions: Necessary Measures (3)
Sporting Events (4)
Animal Neglect TITLE V: Crimes against the Social OrderChapter
21: Crimes against Social Harmony (3)
Stirring up Hatred in Public Place Chapter
22: Crimes against Public Order (2)
Disturbing Public Order by Hatred (4)
Riot (7)
Public Nuisance (8)
Loitering TITLE VI: Crimes against the Governmental OrderChapter
23: Corrupting Public Administration (1)
Bribery (2)
Accepting Bribes Chapter
24: Misleading Public Administration (1)
Perjury (3)
Forging Documents or Fabricating
Evidence (4)
Using Forged Documents, Fabricated
Evidence (5)
Impersonation (a) General Rule (b)
Exception Chapter
25: Obstructing Public Administration (1)
Obstructing Public Officers (3)
Failing to Help Public Officers (4)
Publishing Identities in Sexual Crimes (a) General Rule (b)
Exceptions (5)
Publication in Violation of a Court
Order (6)
Publishing Prejudicial Matters (a) General Rule (b)
Exceptions (7)
Disobeying Lawful Court Order (8)
Bringing Justice into Contempt (9)
Jury Offences (10)
Escape (11)
Obstructing the Course of Justice Chapter
26: Crimes against State Security (1)
Treason (2)
Failing to Prevent Treason (a) General Rule (b)
Exception (3)
Espionage (4)
Gathering and Disclosing Information (5)
Exception (6)
Sabotage
[Preamble] THE GENERAL PARTTITLE I. General PrinciplesChapter
1: Principles of General Application and
Interpretation 1(1) Title. This Act
may be cited as the Criminal Code. 1(2)
Definitions. "Agent"
includes an employee. "Animal"
means any living non human vertebrate. "Another's
premises" means premises in the lawful occupation of
that other person. "Another's
property" means property that another owns or has any
legally protected interest in. "Appropriate"
means to take, borrow, use or convert. "Armed
hostilities" means use of armed forces by a large
number of people to achieve some general or public
objective. "Canada"
includes the land territory, the Canadian Arctic, the
internal and inland waters, the territorial sea of
Canada, the airspace above the territory and the
seabed and subsoil below it. "Canadian
aircraft" meets an aircraft registered in Canada under
the Aeronautics Act or an aircraft of the Canadian
Forces. "Canadian
ship" means a ship registered in Canada under the
Canada Shipping Act or a vessel of the Canadian
Forces. "Captive"
means an animal caged, bound or confined outside its
natural habitat. "Classified
information" means information that has been marked or
otherwise identified in accordance with the federal
government classification scheme as reasonably likely,
if disclosed, to cause serious injury to the national
interest. "Consent" means consent given
by a competent person and not obtained by force,
threat or deceit. "Criminal rate" means an annual
rate of interest exceeding sixty per cent on the
principal advanced. "Document"
means any writing, recording or marking capable of
being read or understood by people or machines. "Dwelling
house" means: (a)
premises used as a residence; (b)
a building communicating with or connected to such
premises; or (c)
a mobile unit used as a residence. "Enters."
A person "enters" as soon as any part of his body or
any part of an instrument that he uses is within
anything that is being entered. "Exclusive
economic zone of Canada" means the exclusive economic
zone as defined in Article 55 of the United Nations
Convention on the Law of the Sea, 1982. "Explosive
substance" means any substance capable of causing, and
anything capable of being used with such a substance,
to cause an explosion. "False
solemn statement" includes one which contradicts a
solemn statement previously made by the same person in
a public proceeding or as required by law. "Firearm"
means any barrelled weapon which can discharge a
bullet or other missile, or any imitation of such a
weapon. "Fishing
zones of Canada" means the fishing zones of Canada as
defined in section 4 of the Territorial Sea and
Fishing Zones Act. (a)
to make a document purport to be made by a person who
did not exist or did not make it or did not authorize
it to be made; or (b)
to tamper with a document by making some material
alteration, addition, erasure or obliteration. "Harm"
means to impair the body or its functions permanently
or temporarily. "Hurt"
means to inflict physical pain. "Identifiable"
means identifiable by race, national or ethnic origin,
colour, religion, sex, age, or mental or physical
disability. "Initiated."
Criminal proceedings are "initiated" by the issuance
of compulsory process, the laying of a charge, or an
arrest. "Inland
waters" are the rivers, lakes and other fresh waters
in Canada and include the St. Lawrence River as far
seaward as the straight lines drawn: (a)
from Cap des Rosiers to the westernmost point of
Anticosti Island; and (b)
from Anticosti Island to the north shore of the St.
Lawrence River along the meridian of longitude sixty
three degrees west. "Internal
waters of Canada" include any areas of the sea that
are on the landward side of the baselines of the
territorial sea of Canada and any areas of the sea
other than the territorial sea, in respect of which
Canada has an historic or other title of sovereignty. "Internationally
protected person" means: (a)
any head of State, head of government or minister of
foreign affairs outside the jurisdiction of his own
State; (b)
any member of the family of a person listed in (a)
accompanying such a person; (c)
any representative or official of a State or
international organization who is entitled at
international law to special protection; and (d)
any member of the family of a person listed in (c)
who forms part of his household. "Non
disclosure" means failure to perform a duty to
disclose arising from: (a)
a special relationship entitling the victim to rely on
the defendant; or (b)
conduct by the defendant or another person acting with
him creating or reinforcing a false impression in the
victim's mind or preventing him from acquiring
information. "Nuclear
material" means: (a)
plutonium, except plutonium with an isotopic
concentration of plutonium 238 exceeding eighty per
cent; (b)
uranium 233; (c)
uranium containing uranium 233 or uranium 235 or both
in such an amount that the abundance ratio of the sum
of those isotopes to the isotope uranium 238 is
greater than 0.72 per cent; (d)
uranium with an isotopic concentration equal to that
occurring in nature; and (e)
any substance containing anything described in clauses
(a) to (d),
but does not include uranium in the form of ore or ore
residue. "Optical
device" means any device or mechanism capable of
permitting surreptitious viewing of persons, things or
places. (a)
a sheriff, deputy sheriff, sheriff's officer and
justice of the peace; (b)
a warden, deputy warden, instructor, keeper, gaoler,
guard and any other officer or permanent employee of a
prison; (c)
a police officer, police constable, bailiff,
constable, or other person employed for the
preservation and maintenance of the public peace or
for the service or execution of civil process; (d)
an officer or person having the powers of a customs or
excise officer when performing any duty in the
administration of the Customs Act or the Excise Act; (e)
a person appointed or designated as a fishery officer
under the Fisheries Act when performing any of his
duties or functions pursuant to that Act; (f)
officers and non commissioned members of the Canadian
Forces who are (i)
appointed for the purposes of section 134 of the
National Defence Act, or (ii)
employed on duties that the Governor in Council, in
regulations made under the National Defence Act for
the purposes of this clause, has prescribed to be of
such a kind as to necessitate that the officers and
non commissioned members performing them have the
powers of peace officers; (g)
the pilot in command of an aircraft (i)
registered in Canada under regulations made under the
Aeronautics Act, or (ii)
leased without crew and operated by a person who is
qualified under regulations made under the Aeronautics
Act to be registered as owner of an aircraft
registered in Canada under those regulations, while
the aircraft is in flight. "Pending"
means: (a)
in a criminal case, from the time at which criminal
proceedings have been initiated by the issuance of
compulsory process, the laying of a charge, or an
arrest, until their determination by discharge, stay,
verdict, or other disposition whether formal or
informal; (b)
in a civil case, from the time at which a trial date
is set until determination of the proceedings by
abandonment, adjudication or other disposition; (c)
in relation to publication by public officers or
prosecutors, from the time the officer or prosecutor
has reasonable grounds to justify the initiation of
criminal proceedings until their determination in
accordance with (a). "Person"
means a person already born by having completely
proceeded in a living state from the mother's body, or
a corporation. "Premises"
means: (a)
any building or part thereof; or (b)
any part of a structure, vehicle, vessel or aircraft
used (i)
for overnight accommodation, or "Private
communication" means any oral communication or any
telecommunication made under circumstances in which it
is reasonable for any party to it to expect that it
will not be intercepted by any surveillance device. (a)
any knife with an automatically opening blade; (b)
any machine gun; (c)
any sawn off rifle or shotgun with a barrel less than
457 mm in length or with an overall length of less
than 660 mm; or (d)
a silencer. "Property" includes
electricity, gas, water, and telephone,
telecommunication and computer services. "Public
administration" means: (a)
the administration of justice; (b)
the administration of federal, provincial or local
government; and (c)
the proceedings in Parliament or in a provincial
legislature or in the council of a local authority. "Public
officer" means: (a)
a peace officer, or (b)
any officer engaged in enforcing the law relating to
revenue, trade or navigation. "Public
official" means a person who (a)
holds a public office, or (b)
is appointed to perform a public duty. "Public
proceedings" means proceedings before Parliament, any
provincial legislature, a court or judge, or any
federal, provincial or municipal body exercising
powers to investigate or inquire for which such body
is authorized by law to take evidence by way of solemn
statement. "Public
record" means any document or records kept: (a)
under the authority of a court, judicial officer or
tribunal; (b)
as forming part of proceedings in Parliament; or (c)
in a public system required or authorized by law to be
maintained in the public interest. (a)
means any firearm other than a prohibited weapon
which: (i)
is designed to be fired with one hand, (ii)
has a barrel of less than 470 mm in length or an
overall length of less than 660 mm and is capable of
producing semi automatic fire, (iii)
is designed to be fired when reduced to length less
than 660 mm by folding or telescoping, or (iv)
is a machine gun forming part of the collection of a
collector in good faith; (b)
does not include: (i)
a flare gun, (ii)
a firearm exclusively used for: (A)
firing blanks, (B)
slaughtering domestic animals or tranquillizing
animals, (C)
discharging projectiles attached to lines, or (D)
firing bullets or other missiles with a velocity less
than 152.4 m per second, or (iii)
antique firearms other than machine guns. "Representation"
means a representation whether express or implied
(including impersonation) as to a past, present or
future fact, but does not include exaggerated
statements of opinion concerning the attributes or
quality of anything. "Solemn
statement" means a statement made orally or in writing
on oath, solemn affirmation or solemn declaration. "Surveillance
device" means a device or apparatus capable of being
used to intercept a private communication. "Territorial
sea of Canada" means the territorial sea of Canada as
determined in accordance with the Territorial Sea and
Fishing Zones Act. "Valuable
security" means any order or security giving title or
evidence of title to property. "Weapon" means any instrument
including a firearm, capable of being used to inflict
harm. 1(3)
Interpretation. (a)
The provisions of this Code shall be interpreted and
applied according to the ordinary meaning of the words
used read in the context of the Code. (b)
Where a provision of this Code is unclear and is
capable of more than one interpretation it shall be
interpreted in favour of the accused. 1(4)
Application in Law. (a)
This title applies to any crime defined by this Code
or any other Act of the Parliament of Canada. (b)
An offence defined by any other Act of the Parliament
of Canada is a crime if the person who committed it is
liable to be sentenced to a term of imprisonment as
punishment. Chapter 2: Principles
of Liability 2(1) Principle of
Legality. No one is liable except for conduct defined
at the time of its occurrence as a crime by this Code
or by some other Act of the Parliament of Canada. 2(2) Conduct and
Culpability. No one is liable for a crime without
engaging in the conduct and having the level of
culpability specified by its definition. 2(3) Conduct. (a) General Rule.
Unless otherwise provided in the definition of a
crime, a person is only liable for an act or omission
performed by that person. (b) Omissions. No
one is liable for an omission unless: (i)
it is defined as a crime by this Code or by some other
Act of the Parliament of Canada; or (ii)
it consists of a failure to perform a duty specified
in this clause. (c) Duties. Everyone
has a duty to take reasonable steps, where failure to
do so endangers life, to: (i)
provide necessaries to (A)
his spouse, (B)
his children under eighteen years of age, (C)
other family members living in the same household, or (D)
anyone under his care if such person is unable to
provide himself with necessaries of life; (ii)
carry out an undertaking he has given or assumed; (iii)
assist those in a shared hazardous and lawful
enterprise with him; and (iv)
ratify dangers of his own creation or within his
control. (d) Medical
Treatment Exception. No one has a duty to provide or
continue medical treatment which is therapeutically
useless or for which informed consent is expressly
refused or withdrawn. 2(4)
Requirements for Culpability. (a)
General Requirements as to Level of Culpability.
Unless otherwise provided: (i) where the
definition of a crime requires purpose, no one is
liable unless as concerns its elements he acts (A)
purposely as to the conduct specified by that
definition, (B)
purposely as to the consequences, if any, so
specified, and (C)
knowingly or recklessly as to the circumstances, if
any, so specified; (ii) where the
definition of a crime requires recklessness, no one is
liable unless as concerns its elements he acts (A)
purposely as to the conduct specified by that
definition, (B)
recklessly as to the consequences, if any, so
specified, and (C)
recklessly as to the circumstances, whether specified
or not; (iii) where the
definition of a crime requires negligence, no one is
liable unless as concerns its elements he acts (A)
negligently as to the conduct specified by that
definition, (B)
negligently as to the consequences, if any, so
specified, and (C)
negligently as to the circumstances, whether specified
or not. (b)
Definitions. (i)
A person acts purposely as to conduct if he means to
engage in such conduct, and, in the case of an
omission, if he also knows the circumstances giving
rise to the duty to act or is reckless as to their
existence. (ii)
A person acts purposely as to a consequence if he acts
in order to effect: (A)
that consequence; or (B)
another consequence which he knows involves that
consequence. "Recklessly."
A person is reckless as to consequences or
circumstances if, in acting as he does, he is
conscious that such consequences will probably result
or that such circumstances probably obtain.
"Negligently."
A person is negligent as to conduct, circumstances or
consequences if it is a marked departure from the
ordinary standard of reasonable care to engage in such
conduct, to take the risk (conscious or otherwise)
that such consequences will result, or to take the
risk (conscious or otherwise) that such circumstances
obtain. (c) Greater
Culpability Requirement Satisfies Lesser. (i)
Where the definition of a crime requires negligence, a
person may be liable if he acts, or omits to act,
purposely or recklessly as to one or more of the
elements in that definition. (ii)
Where the definition of a crime requires recklessness,
a person may be liable if he acts, or omits to act,
purposely as to one or more of the elements in that
definition. (d) Residual Rule.
Where the definition of a crime does not explicitly
specify the requisite level of culpability, it shall
be interpreted as requiring purpose. 2(5) Corporate
Liability. (a)
With respect to crimes requiring purpose or
recklessness, a corporation is liable for conduct
committed on its behalf by its directors, officers or
employees acting within the scope of their authority
and identifiable as persons with authority over the
formulation or implementation of corporate policy. (b) With respect to
crimes requiring negligence a corporation is liable as
above, notwithstanding that no director, officer or
employee may be held individually liable for the same
offence. [Alternative
2(5) Corporate
Liability. A corporation is liable for conduct
committed on its behalf by its directors, officers or
employees acting within the scope of their authority
and identifiable as persons with authority over the
formulation or implementation of corporate policy,
notwithstanding that no director, officer or employee
may be held individually liable for the same offence.] 2(6)
Causation. Everyone causes a result when his conduct
substantially contributes to its occurrence and no
other unforeseen and unforeseeable cause supersedes
it. Chapter
3: Defences 3(1) Lack of Control. (a)
Compulsion, Impossibility, Automatism. No one is
liable for conduct which is beyond his control by
reason of: (i)
physical compulsion by another person; (ii)
in the case of an omission, physical impossibility to
perform the act required; or (iii)
factors, other than loss of temper or mental disorder,
which would similarly affect an ordinary person in the
circumstances. (b)
Exception: Negligence. This clause shall not apply
as a defence to a crime that can be committed by
negligence where the lack of control is due to the
defendant's negligence. 3(2)
Lack of Knowledge. (a)
Mistake of Fact. No one is liable for a crime
committed through lack of knowledge which is due to
mistake or ignorance as to the relevant circumstances;
but where on the facts as he believed them he would
have committed an included crime or a different crime
from that charged, he shall be liable for committing
that included crime or attempting that different
crime. (b)
Exception: Recklessness and Negligence. This clause
shall not apply as a defence to crimes that can be
committed by recklessness or negligence where the lack
of knowledge is due to the defendant's recklessness or
negligence as the case may be. 3(3)
Intoxication. (a)
General Rule. No one is liable for a crime for which,
by reason of intoxication, he fails to satisfy the
culpability requirements specified by its definition. (b)
Proviso: Criminal Intoxication. Notwithstanding
clauses 2(2) and 3(3)(a), unless the intoxication is
due to fraud, duress, compulsion or reasonable
mistake, (i)
everyone falling under clause 3(3)(a) who
satisfies all the other elements in the definition of
a crime is liable, except in the case of causing
death, for committing that crime while intoxicated;
and (ii)
everyone falling under clause 3(3)(a) who causes the
death of another is liable for manslaughter while
intoxicated and subject to the same penalty as for
manslaughter. [Alternative
3(3) Intoxication. (a) General Rule. No one is liable
for a crime for which, by reason of intoxication, he
fails to satisfy the culpability requirements
specified by its definition. (b) Exception. This
clause shall not apply as a defence to a crime that
can be committed through negligence unless the
intoxication arose through fraud, duress, compulsion
or reasonable mistake.] 3(4) Immaturity. No
one is liable for conduct committed when he was under
twelve years of age. 3(5) Unfitness to
Plead. Any person who, at any stage of the
proceedings, is incapable of understanding the nature,
object or consequences of the proceedings against him,
or of communicating with counsel owing to disease or
defect of the mind which renders him unfit to stand
trial, shall not be tried until declared fit. 3(6)
Mental Disorder. No one is liable for his conduct if,
through disease or defect of the mind, he was at the
time incapable of appreciating the nature,
consequences or legal wrongfulness of such conduct [or
believed what he was doing was morally right]. 3(7) Mistake or Ignorance of Law. No one is liable for a crime committed by reason of mistake or ignorance of law:
3(8) Duress. No
one is liable for committing a crime in reasonable
response to threats of immediate serious harm to
himself or another person unless he himself purposely
causes the death of, or seriously harms, another
person. 3(9)
Necessity.
(b)
Exception. This clause does not apply to anyone who
himself purposely causes the death of, or seriously
harms, another person. 3(10)
Defence of the Person. (a)
General Rule. No one is liable if he acted as he did
to protect himself or another person against unlawful
force by using such force as was reasonably necessary
to avoid the harm or hurt apprehended. (b)
Exception: Law Enforcement. This clause does not apply
to anyone who uses force against a person reasonably
identifiable as a peace officer executing a warrant of
arrest or anyone present acting under his authority. 3(11)
Protection of Movable Property. No one in peaceable
possession of movable property is liable for using
such force, not amounting to purposely causing the
death of, or seriously harming, as is reasonably
necessary to prevent another person from unlawfully
taking it or to recover it from another person who has
just unlawfully taken it. 3(12)
Protection of Immovable Property. (a)
General Rule. No one in peaceable possession of
immovable property is liable for using such force, not
amounting to purposely causing the death of, or
seriously harming, as is reasonably necessary to
prevent trespass, to remove a trespasser or to defend
the property against another person unlawfully taking
possession of it. (b)
Exception. This clause does not apply to a peaceable
possessor without a claim of right who uses force
against a person who he knows is legally entitled to
possession and who enters peaceably to take possession
of that property. 3(13)
Protection of Persons Acting under Legal Authority. (a)
General Rule. No one is liable for performing an act
required or authorized by or under federal or
provincial statute or for using such force, short of
force meant to cause death or serious harm to another
person, as is reasonably necessary to do so and as is
reasonable in the circumstances; (b)
Force Used by Peace Officers. No peace officer is
liable for using such force as is reasonably necessary
and as is reasonable in the circumstances to arrest,
recapture or prevent the escape of a suspect or
offender. 3(14)
Authority over Children. No one is liable who, being a
parent, foster-parent or guardian or having the
express permission of such a person, touches, hurts,
threatens to hurt or confines a person under eighteen
years of age in his custody in the reasonable exercise
of authority over such person. [Alternative -
A minority of Commissioners would not provide for such
a defence.] 3(15)
Superior Orders. No one bound by military law is
liable for anything done out of obedience to his
superior officer's orders unless those orders are
manifestly unlawful. 3(16) Lawful
Assistance. No one is liable who helps, advises,
encourages, urges or incites another person, or acts
under the authority or on behalf of another person, if
that other person has a defence under clauses 3(1) or 3(8) to
3(15). 3(17)
Mistaken Belief as to Defence. (a)
General Rule. No one is liable if on the facts as he
believed them he would have had a defence under
clauses 3(1) or 3(8)
to 3(16). (b)
Exception. This clause does not apply where the
accused is charged with a crime that can be committed
through negligence and the mistaken belief arose
through his negligence. Chapter
4: Involvement in Crime 4(1)
Committing. A crime may be committed: (a)
solely, where the committer is the only person doing
the conduct defined as that crime; or (b)
jointly, where the committer and another person (or
other persons) together do the conduct so defined. 4(2)
Furthering. Everyone is liable for furthering a crime
and is subject to the penalty for it if he helps,
advises, encourages, urges, incites or uses another
person to commit that crime and that person completely
performs the conduct specified by its definition. 4(3)
Attempt. Everyone is liable for attempt who, going
beyond mere preparation, attempts to commit a crime,
and is subject to half the penalty for it. 4(4)
Attempted Furthering. Everyone is liable for attempted
furthering of a crime and is subject to half the
penalty for that crime if he helps, advises,
encourages, urges, incites or uses another person to
commit that crime and that other person does not
completely perform the conduct specified by its
definition. 4(5)
Conspiracy. Everyone is liable for conspiracy who
agrees with another person to commit a crime and is
subject to half the penalty for it. 4(6)
Different Crime Committed from That Furthered. (a)
General Rule. No one is liable for furthering or
attempting to further any crime which is different
from the crime he meant to further. (b)
Exception. Clause 4(6)(a) does not apply where the
crime differs only as to the victim's identity or the
degree of harm or damage involved. (c)
Qualification. A person who agrees with another person
to commit a crime and who also otherwise furthers it,
is liable not only for the crime he agrees to commit
and intends to further, but also for any crime which
he knows is a probable consequence of such agreement
or furthering. 4(7)
Alternative Convictions. (a)
Committing. Everyone charged with committing a crime
may, on appropriate evidence, be convicted of
furthering it, of attempting to commit it or of
attempted furthering of it. (b)
Furthering. Everyone charged with furthering a crime
may, on appropriate evidence, be convicted of
committing it, of attempting to commit it or of
attempted furthering of it. (c)
Attempting. Everyone charged with attempting to commit
a crime may, on appropriate evidence, be convicted of
attempted furthering of it, and, where the evidence
shows that he committed or furthered it, may
nevertheless be convicted of attempting to commit it. (d)
Attempted Furthering. Everyone charged with attempted
furthering of a crime may, on appropriate evidence, be
convicted of attempting to commit it, and, where the
evidence shows that he committed or furthered it, may
nevertheless be convicted of attempted furthering of
it. (e)
Unclear Cases. (i)
Where two or more persons are involved in committing a
crime but it is unclear which of them committed it and
which of them furthered it, all may be convicted of
furthering. (ii)
Where two or more persons are involved in attempting
to commit a crime but it is unclear which of them
attempted to commit it and which of them attempted to
further it, all may be convicted of attempted
furthering. Chapter 5: Territorial Jurisdiction 5(1) General Rule. Subject to clause
5(2), no person shall be convicted in Canada for a
crime committed wholly outside Canada. 5(2)
Jurisdiction Rules. Subject to diplomatic and other
immunity under the law, the Code applies to, and the
Canadian courts have jurisdiction over: (a)
crimes committed wholly inside Canada (including on
Canadian ships and aircraft); (b)
crimes where one of the elements (including the direct
resulting harm or damage) occurs in Canada and that
element establishes a real and substantial link with
Canada; (c)
conduct engaged in outside Canada which constitutes
either (i)
a conspiracy to commit a crime in Canada, (ii)
attempting to commit a crime in Canada, or (iii)
furthering or attempting to further a crime in Canada,
where the conduct took place on the high seas or in a
State where the crime in question is also a crime in
that State; (d)
conduct engaged in inside Canada which constitutes
either (i)
a conspiracy to commit a crime outside Canada, (ii)
attempting to commit a crime outside Canada, or (iii)
furthering or attempting to further the commission of
a crime outside Canada, if the crime in question is a
crime both in Canada and in the place where the crime
is to be committed; (e)
crimes committed in "special zones" in which Canada
has sovereign rights and either the offender or the
victim is present in such zone for the purpose of
engaging in an activity over which Canadian sovereign
rights extend, this rule being applicable to crimes
committed (i)
within a fishing zone or exclusive economic zone of
Canada, (ii)
on, under or within a distance to be determined by
regulation of any artificial island, installation or
structure (A)
in a fishing zone or exclusive economic zone of
Canada, or (B)
on or over the continental shelf of Canada, or (C)
(other than a ship of non Canadian registry) under the
administration and control of the Government of
Canada; (f)
crimes against State security committed outside Canada
by Canadian citizens and others who benefit from the
protection of Canada and, where the crime involves
classified government information, by persons who were
Canadian citizens or benefitted from the protection of
Canada when such information was obtained; (g)
crimes committed outside Canada where the crime in
question is a crime both in Canada and in the place
where it was committed by (i)
persons subject to the Code of Service Discipline
under the National Defence Act when serving abroad, (ii)
Government of Canada employees serving abroad and
members of their families forming part of their
households who are Canadian citizens or who benefit
from the protection of Canada, and (iii)
R.C.M.P. members serving abroad and members of their
families forming part of their households who are
Canadian citizens or who benefit from the protection
of Canada; (h)
crimes committed by those on board private ships or
aircraft outside the territorial jurisdiction of any
State and consisting of: (i)
crimes against personal safety and liberty of those on
board other ships or aircraft; (ii)
theft, vandalism or arson of another ship or aircraft;
or (iii)
theft, vandalism or arson of the property of those on
board other ships or aircraft; (i)
crimes committed outside Canada by anyone consisting
of: (i)
theft of, (ii)
forgery of, (iii)
making false applications for, (iv)
possession of or use of when stolen or forged, or (v)
unauthorized use of Canadian passports or certificates
of Canadian citizenship; (j)
crimes committed outside Canada by anyone and
consisting of: (i)
forgery of Canadian currency, and (ii)
using forged Canadian currency; (k)
crimes committed outside Canada by Canadian citizens
or by persons present in Canada after their commission
and consisting of: (i)
crimes against personal safety and liberty by means of
nuclear material, (ii)
theft of nuclear material, or (iii)
vandalism or arson of, or by means of, nuclear
material; (l)
crimes against personal safety and liberty of
internationally protected persons committed outside
Canada by: (i)
Canadian citizens or persons present in Canada after
their commission, and (ii)
anyone if the victim was exercising functions on
behalf of Canada; (m)
kidnapping committed outside Canada where (i)
the alleged offender is a Canadian citizen, is a
stateless person ordinarily resident in Canada, or is
present in Canada after the commission of the offence, (ii)
the person kidnapped is a Canadian citizen, or (iii)
the crime is committed in order to influence the
actions of the Government of Canada or a province; (n)
crimes committed outside Canada by anyone consisting
of crimes against personal safety and liberty of those
on board an aircraft or ship or of interfering with
transportation facilities consisting of an aircraft or
ship where the aircraft or ship in question is (i)
a Canadian aircraft or ship, or an aircraft or ship
leased without crew to a lessee who has his principal
place of business or, if the lessee has no such place
of business, his permanent residence in Canada, (ii)
the aircraft or ship in question arrives in Canada
with the alleged offender on board, or (iii)
the alleged offender is present in Canada after the
commission of the offence. THE SPECIAL PART TITLE II. Crimes against the Person
Part 1: Crimes
against Personal Safety and Liberty Chapter 6: Crimes
against Life 6(1)
Negligent Homicide. Everyone commits a crime who
negligently causes the death of another person. 6(2)
Manslaughter. Everyone commits a crime who recklessly
causes the death of another person. 6(3)
Murder. Everyone commits a crime who purposely causes
the death of another person. [Alternative
6(3) Murder.
Everyone commits a crime who: (a) purposely causes the
death of another person; or (b) causes the death of
another person by purposely causing him bodily harm
that he knows is likely to cause death and is reckless
whether death ensues or not.] 6(4)
First Degree Murder. Murder is first degree murder if
committed; (a)
pursuant to an agreement for valuable consideration; (b)
with torture; (c)
for the purpose of preparing, facilitating or
concealing a crime or furthering an offender's escape
from detection, arrest or conviction; (d)
for terrorist or political motives; (e)
during the course of robbery, confinement, sexual
assault or interference with transport facilities
consisting of aircraft and ships; (f)
by means which the accused knows will cause the death
of more than one person; or (g)
by premeditation in terms of a calculated and
carefully considered plan other than for the purpose
of mercy killing. [Alternative 6(4) First Degree Murder. Murder is first degree murder if the offender deliberately subordinates the victim's life to his own further purpose of: (a) advancing terrorist or political objectives; (b) influencing the course of justice; (c) preparing, facilitating or concealing a crime or furthering an offender's escape from detection, arrest or conviction; (d) obtaining financial gain; or (e) obtaining consideration pursuant to an agreement to cause the death of another person.] [Alternative
Homicide.
Everyone commits a crime who causes the death of
another person: (a) purposely; (b) recklessly; or (c)
through negligence.] 6(5)
Furthering Suicide. Everyone commits a crime who
helps, advises, encourages, urges or incites another
person to commit suicide whether suicide results or
not. 6(6)
Palliative Care. Clauses 6(1) to 6(5) do not apply to
the administration of palliative care appropriate in
the circumstances for the control or elimination of a
person's pain and suffering even if such care shortens
his life expectancy, unless the patient refuses such
care. Chapter
7: Crimes against Bodily Integrity 7(1)
Assault by Touching or Hurting. Everyone commits a
crime who, [offensively] touches or
hurts another person without that other's consent. 7(2)
Assault by Harming. Everyone commits a crime who harms
another person: (a) purposely; (b) recklessly; or (c)
through negligence. 7(3)
Exceptions. (a)
Medical Treatment. Clauses 7(2)(a) and 7(2)(b) do not
apply to the administration of treatment with the
patient's informed consent for therapeutic purposes,
or for purposes of medical research, involving risk of
harm not disproportionate to the expected benefits. (b)
Sporting Activities. Clauses 7(2)(a) and 7(2)(b) do
not apply to injuries inflicted during the course of,
and in accordance with, the rules of a lawful sporting
activity. Chapter 8: Crimes against Psychological Integrity
8(1)
Harassment. Everyone commits a crime who harasses and
thereby frightens another person. 8(2)
Threatening. Everyone commits a crime who threatens to
hurt, harm or kill another person or to damage his
property. 8(3)
Immediate Threatening. Everyone commits a crime who
threatens another person with immediate hurt, harm or
death. 8(4)
Extortion. Everyone commits a crime who threatens: (a)
to harm another person's reputation; (b)
to hurt, harm or kill another person or to damage his
property; or (c) to inflict on another person immediate hurt, harm or death for the purpose of making someone, whether the person threatened or not, do or refrain from doing some act.
Chapter
9: Crimes against Personal Liberty
9(1)
Confinement. Everyone commits a crime who confines
another person without that other's consent. 9(2)
Kidnapping. Everyone commits a crime who confines
another person, without that other's consent, for the
purpose of making him or some other person do or
refrain from doing some act. 9(3)
Child Abduction. Everyone commits a crime who takes or
keeps a person under fourteen years of age, whether
that person consents or not, for the purpose of
depriving a parent, guardian or person who has lawful
care or charge of that person or the possession of
that person. Chapter
10: Crimes Causing Danger 10(1)
Endangering. Everyone commits a crime who causes a
risk of death or serious harm to another person: (a)
purposely; (b) recklessly; or (c) through negligence. 10(2)
Failure to Rescue. (a)
General Rule. Everyone commits a crime who, perceiving
another person in immediate danger of death or serious
harm, does not take reasonable steps to assist him. (b)
Exception. Clause 10(2)(a) does not apply where the
person cannot take reasonable steps to assist without
risk of death or serious harm to himself or another
person or where he has some other valid reason for not
doing so. 10(3)
Impeding Rescue. Everyone commits a crime who impedes
the rescue of another person in danger of death or
serious harm. 10(4)
Endangering by Motor Vehicle, Etc. Everyone commits a
crime who purposely, recklessly or negligently
operates a means of transportation (other than one
humanly powered) in such a way, or in such condition
of disrepair, as to cause a risk of death or serious
harm to another person. 10(5)
Impaired or with More than Eighty Milligrams Alcohol
in One Hundred Millilitres of Blood. Everyone commits
a crone who operates or has care and control of a
means of transportation (other than one humanly
powered) when he knows or ought to know that his
ability is impaired by alcohol or a drug, or that he
has more than eighty milligrams of alcohol in one
hundred millilitres of blood (see Code of Criminal
Procedure). 10(6)
Failure or Refusal to Provide Sample. (a)
General Rule. Everyone commits a crime who, after
operating or having care and control of a means of
transportation (other than one humanly powered), fails
or refuses to comply with a request made pursuant to
the Code of Criminal Procedure for a breath or blood
sample suitable for determining the concentration of
alcohol in the blood. (b)
Exception. No one is liable under this clause who has
a reasonable excuse for failing or refusing to provide
a proper sample. 10(7)
Failure to Stop at Scene of Accident. Everyone commits
a crime who, while operating or having care and
control of a means of transportation (other than one
humanly powered), is involved in an accident with
another person or another's property and leaves the
scene of the accident for the purpose of escaping
civil or criminal liability. 10(8)
Driving a Motor Vehicle While Disqualified. Everyone
commits a crime who operates a means of transportation
knowing that he is disqualified from driving on
account of having committed a crime under this Code. 10(9)
Interfering with Transportation Facilities. Everyone
commits a crime who interferes with anything used for,
or in connection with, or anyone engaged in,
transportation, and thereby causes risk of death or
serious harm to another person. 10(10)
Aggravating Factors. The crimes in Chapters 7 to 10
are aggravated where appropriate if committed: (a)
pursuant to an agreement for valuable consideration; (b)
with torture; (c)
for the purpose of preparing, facilitating or
concealing a crime or furthering an offender's escape
from detection, arrest or conviction; (d)
for terrorist or political motives; (e)
with a weapon; (f)
by means which the accused knowingly or recklessly
uses to harm more than one person; or (g)
knowingly against the offender's spouse, child,
grandchild, parent or grandparent.
Part 2: Crimes
against Personal Security and Privacy Chapter 11: Unlawful
Surveillance 11(1)
Auditory Surveillance. (a)
General Rule. Everyone commits a crime who, without
the consent of at least one of the parties to the
communication, intercepts a private communication by
meets of a surveillance device. (b)
Exception. This clause does not apply to anyone
engaged is providing a telephone, telegraph or other
communication service to the public who intercepts a
private communication where it is a necessary incident
of providing the service. 11(2)
Unauthorized Entry of Private Premises. Everyone
commits a crime who, without the consent of the owner
or occupier, enters private premises for the purpose
of installing, servicing or removing a surveillance or
optical device. 11(3) Unauthorized Search of
Private Premises. Everyone commits a crime who, being
authorized to enter private premises for the purpose
of installing, servicing or removing a surveillance or
optical device, searches the premises. 11(4) Use of Force to Gain Entry.
Notwithstanding clause 3(13),
everyone commits a crime who uses force against a
person for the purpose of gaining entry into private
premises to install, remove or service a surveillance
or optical device, or for the purpose of exiting from
such premises. 11(5)
Disclosure of Private Communications. (a)
General Rule. Everyone commits a crime who, without
the consent of at least one of the parties to a
private communication that has been intercepted by a
surveillance device: (i)
discloses or threatens to disclose the existence or
the contents of the communication; or (ii)
uses the contents of the communication. (b)
Exceptions. No one is liable under clause 11(5)(a) if
the disclosure is: (i)
in the course of, or for the purpose of, giving
evidence in a judicial proceeding where the private
communication is admissible; (ii)
in the course of, or for the purpose of, any criminal
investigation if the private communication was
lawfully intercepted; (iii)
to a peace officer or to the Attorney General or his
agent, if it is in the interests of the administration
of justice; (iv)
for the purpose of giving notice or furnishing
particulars in accordance with the Code of Criminal
Procedure; (v)
to an employee of the Canadian Security Intelligence
Service, if it is for the purpose of enabling the
Service to perform its duties and functions; (vi)
in the course of the operation of a communication
service; or (vii)
to an investigative or law enforcement officer in a
foreign jurisdiction, if it tends to reveal a past,
ongoing or prospective crime in such jurisdiction. Chapter
12: Criminal Intrusion 12(1)
Criminal Intrusion. Everyone commits a crime who
enters or remains in another's premises without that
other's consent: (a) for the purpose of committing a
crime; or (b) does so and commits a crime. 12(2)
Aggravated Criminal Intrusion. The crime defined in
clause 12(1) is aggravated if: (a) the premises are a
dwelling house; (b) the accused is reckless as to the
presence of people in the premises; or (c) a weapon is
carried.
TITLE III. Crimes against Property
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