Criminal Code (R.S.C., 1985, c. C-46)
47. (1) Every one who commits high treason is guilty of an indictable offence and shall be sentenced to imprisonment for life.
(2) Every one who commits treason is guilty of an indictable offence and liable
(a) to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(a), (c) or (d);
(b) to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while a state of war exists between Canada and another country; or
(c) to be sentenced to imprisonment for a term not exceeding fourteen years if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while no state of war exists between Canada and another country.
(3) No person shall be convicted of high treason or treason on the evidence of only one witness, unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.
(4) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by subsection (1) is a minimum punishment.
- R.S., c. C-34, s. 47;
- 1974-75-76, c. 105, s. 2.
48. (1) No proceedings for an offence of treason as defined by paragraph 46(2)(a) shall be commenced more than three years after the time when the offence is alleged to have been committed.
(2) No proceedings shall be commenced under section 47 in respect of an overt act of treason expressed or declared by open and considered speech unless
(a) an information setting out the overt act and the words by which it was expressed or declared is laid under oath before a justice within six days after the time when the words are alleged to have been spoken; and
(b) a warrant for the arrest of the accused is issued within ten days after the time when the information is laid.
- R.S., c. C-34, s. 48;
- 1974-75-76, c. 105, s. 29.
Prohibited Acts
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.
50. (1) Every one commits an offence who
(a) incites or wilfully assists a subject of
(i) a state that is at war with Canada, or
(ii) a state against whose forces Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the state whose forces they are,
to leave Canada without the consent of the Crown, unless the accused establishes that assistance to the state referred to in subparagraph (i) or the forces of the state referred to in subparagraph (ii), as the case may be, was not intended thereby; or
(b) knowing that a person is about to commit high treason or treason does not, with all reasonable dispatch, inform a justice of the peace or other peace officer thereof or make other reasonable efforts to prevent that person from committing high treason or treason.
(2) Every one who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
- R.S., c. C-34, s. 50;
- 1974-75-76, c. 105, s. 29.