Marginal note: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.
289. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 41]
Offences Against Conjugal Rights
290. (1) Every one commits bigamy who
(a) in Canada,
(i) being married, goes through a form of marriage with another person,
(ii) knowing that another person is married, goes through a form of marriage with that person, or
(iii) on the same day or simultaneously, goes through a form of marriage with more than one person; or
(b) being a Canadian citizen resident in Canada leaves Canada with intent to do anything mentioned in subparagraphs (a)(i) to (iii) and, pursuant thereto, does outside Canada anything mentioned in those subparagraphs in circumstances mentioned therein.
Marginal note:Matters of defence
(2) No person commits bigamy by going through a form of marriage if
(a) that person in good faith and on reasonable grounds believes that his spouse is dead;
(b) the spouse of that person has been continuously absent from him for seven years immediately preceding the time when he goes through the form of marriage, unless he knew that his spouse was alive at any time during those seven years;
(c) that person has been divorced from the bond of the first marriage; or
(d) the former marriage has been declared void by a court of competent jurisdiction.
Marginal note:Incompetency no defence
(3) Where a person is alleged to have committed bigamy, it is not a defence that the parties would, if unmarried, have been incompetent to contract marriage under the law of the place where the offence is alleged to have been committed.
Marginal note:Validity presumed
(4) Every marriage or form of marriage shall, for the purpose of this section, be deemed to be valid unless the accused establishes that it was invalid.
Marginal note:Act or omission by accused
(5) No act or omission on the part of an accused who is charged with bigamy invalidates a marriage or form of marriage that is otherwise valid.
- R.S., c. C-34, s. 254.
291. (1) Every one who commits bigamy is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Marginal note:Certificate of marriage
(2) For the purposes of this section, a certificate of marriage issued under the authority of law is evidence of the marriage or form of marriage to which it relates without proof of the signature or official character of the person by whom it purports to be signed.
- R.S., c. C-34, s. 255.
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