Marginal note:Impeding attempt to save life
262. Every one who
(a) prevents or impedes or attempts to prevent or impede any person who is attempting to save his own life, or
(b) without reasonable cause prevents or impedes or attempts to prevent or impede any person who is attempting to save the life of another person,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
- R.S., c. C-34, s. 241.
Marginal note:Duty to safeguard opening in ice
263. (1) Every one who makes or causes to be made an opening in ice that is open to or frequented by the public is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the opening exists.
Marginal note:Excavation on land
(2) Every one who leaves an excavation on land that he owns or of which he has charge or supervision is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the excavation exists.
(3) Every one who fails to perform a duty imposed by subsection (1) or (2) is guilty of
(a) manslaughter, if the death of any person results therefrom;
(b) an offence under section 269, if bodily harm to any person results therefrom; or
(c) an offence punishable on summary conviction.
- R.S., c. C-34, s. 242;
- 1980-81-82-83, c. 125, s. 18.
Marginal note:Criminal harassment
264. (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
Marginal note:Prohibited conduct
(2) The conduct mentioned in subsection (1) consists of
(a) repeatedly following from place to place the other person or anyone known to them;
(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
(d) engaging in threatening conduct directed at the other person or any member of their family.
(3) Every person who contravenes this section is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction.
Marginal note:Factors to be considered
(4) Where a person is convicted of an offence under this section, the court imposing the sentence on the person shall consider as an aggravating factor that, at the time the offence was committed, the person contravened
(a) the terms or conditions of an order made pursuant to section 161 or a recognizance entered into pursuant to section 810, 810.1 or 810.2; or
(b) the terms or conditions of any other order or recognizance made or entered into under the common law or a provision of this or any other Act of Parliament or of a province that is similar in effect to an order or recognizance referred to in paragraph (a).
(5) Where the court is satisfied of the existence of an aggravating factor referred to in subsection (4), but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision.
- R.S., 1985, c. C-46, s. 264;
- R.S., 1985, c. 27 (1st Supp.), s. 37;
- 1993, c. 45, s. 2;
- 1997, c. 16, s. 4, c. 17, s. 9;
- 2002, c. 13, s. 10.
- Date modified: