Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-06-12 and last amended on 2014-06-01. Previous Versions

Marginal note:Having in possession when complete

 For the purposes of sections 342 and 354 and paragraph 356(1)(b), the offence of having in possession is complete when a person has, alone or jointly with another person, possession of or control over anything mentioned in those sections or when he aids in concealing or disposing of it, as the case may be.

  • R.S., 1985, c. C-46, s. 358;
  • R.S., 1985, c. 27 (1st Supp.), s. 50.
Marginal note:Evidence
  •  (1) Where an accused is charged with an offence under section 342 or 354 or paragraph 356(1)(b), evidence is admissible at any stage of the proceedings to show that property other than the property that is the subject-matter of the proceedings

    • (a) was found in the possession of the accused, and

    • (b) was stolen within twelve months before the proceedings were commenced,

    and that evidence may be considered for the purpose of proving that the accused knew that the property that forms the subject-matter of the proceedings was stolen property.

  • Marginal note:Notice to accused

    (2) Subsection (1) does not apply unless

    • (a) at least three days notice in writing is given to the accused that in the proceedings it is intended to prove that property other than the property that is the subject-matter of the proceedings was found in his possession; and

    • (b) the notice sets out the nature or description of the property and describes the person from whom it is alleged to have been stolen.

  • R.S., 1985, c. C-46, s. 359;
  • R.S., 1985, c. 27 (1st Supp.), s. 51.
Marginal note:Evidence of previous conviction
  •  (1) Where an accused is charged with an offence under section 354 or paragraph 356(1)(b) and evidence is adduced that the subject-matter of the proceedings was found in his possession, evidence that the accused was, within five years before the proceedings were commenced, convicted of an offence involving theft or an offence under section 354 is admissible at any stage of the proceedings and may be taken into consideration for the purpose of proving that the accused knew that the property that forms the subject-matter of the proceedings was unlawfully obtained.

  • Marginal note:Notice to accused

    (2) Subsection (1) does not apply unless at least three days notice in writing is given to the accused that in the proceedings it is intended to prove the previous conviction.

  • R.S., c. C-34, s. 318.

False Pretences

Marginal note:False pretence
  •  (1) A false pretence is a representation of a matter of fact either present or past, made by words or otherwise, that is known by the person who makes it to be false and that is made with a fraudulent intent to induce the person to whom it is made to act on it.

  • Marginal note:Exaggeration

    (2) Exaggerated commendation or depreciation of the quality of anything is not a false pretence unless it is carried to such an extent that it amounts to a fraudulent misrepresentation of fact.

  • Marginal note:Question of fact

    (3) For the purposes of subsection (2), it is a question of fact whether commendation or depreciation amounts to a fraudulent misrepresentation of fact.

  • R.S., c. C-34, s. 319.