Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-04-02 and last amended on 2013-12-12. Previous Versions

Marginal note:Where belief in consent not a defence

 It is not a defence to a charge under section 271, 272 or 273 that the accused believed that the complainant consented to the activity that forms the subject-matter of the charge, where

  • (a) the accused’s belief arose from the accused’s

    • (i) self-induced intoxication, or

    • (ii) recklessness or wilful blindness; or

  • (b) the accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant was consenting.

  • 1992, c. 38, s. 1.
Marginal note:Removal of child from Canada
  •  (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.

  • Marginal note: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.

  • 1993, c. 45, s. 3;
  • 1997, c. 18, s. 13;
  • 2008, c. 6, s. 54.
Marginal note:Corroboration not required

 If an accused is charged with an offence under section 151, 152, 153, 153.1, 155, 159, 160, 170, 171, 172, 173, 212, 271, 272 or 273, no corroboration is required for a conviction and the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration.

  • R.S., 1985, c. C-46, s. 274;
  • R.S., 1985, c. 19 (3rd Supp.), s. 11;
  • 2002, c. 13, s. 12.
Marginal note:Rules respecting recent complaint abrogated

 The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151, 152, 153, 153.1, 155 and 159, subsections 160(2) and (3) and sections 170, 171, 172, 173, 271, 272 and 273.

  • R.S., 1985, c. C-46, s. 275;
  • R.S., 1985, c. 19 (3rd Supp.), s. 11;
  • 2002, c. 13, s. 12.