Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-09-01 and last amended on 2014-07-11. Previous Versions

Marginal note:Application to territories
  •  (1) The provisions of this Act apply throughout Canada except

    • (a) in Yukon, in so far as they are inconsistent with the Yukon Act;

    • (b) in the Northwest Territories, in so far as they are inconsistent with the Northwest Territories Act; and

    • (c) in Nunavut, in so far as they are inconsistent with the Nunavut Act.

  • Marginal note:Application of criminal law of England

    (2) The criminal law of England that was in force in a province immediately before April 1, 1955 continues in force in the province except as altered, varied, modified or affected by this Act or any other Act of the Parliament of Canada.

  • Marginal note:Common law principles continued

    (3) Every rule and principle of the common law that renders any circumstance a justification or excuse for an act or a defence to a charge continues in force and applies in respect of proceedings for an offence under this Act or any other Act of Parliament except in so far as they are altered by or are inconsistent with this Act or any other Act of Parliament.

  • R.S., 1985, c. C-46, s. 8;
  • 1993, c. 28, s. 78;
  • 2002, c. 7, s. 138.
Marginal note:Criminal offences to be under law of Canada

 Notwithstanding anything in this Act or any other Act, no person shall be convicted or discharged under section 730

  • (a) of an offence at common law,

  • (b) of an offence under an Act of the Parliament of England, or of Great Britain, or of the United Kingdom of Great Britain and Ireland, or

  • (c) of an offence under an Act or ordinance in force in any province, territory or place before that province, territory or place became a province of Canada,

but nothing in this section affects the power, jurisdiction or authority that a court, judge, justice or provincial court judge had, immediately before April 1, 1955, to impose punishment for contempt of court.

  • R.S., 1985, c. C-46, s. 9;
  • R.S., 1985, c. 27 (1st Supp.), s. 6, c. 1 (4th Supp.), s. 18(F);
  • 1995, c. 22, s. 10.
Marginal note:Appeal
  •  (1) Where a court, judge, justice or provincial court judge summarily convicts a person for a contempt of court committed in the face of the court and imposes punishment in respect thereof, that person may appeal

    • (a) from the conviction; or

    • (b) against the punishment imposed.

  • Marginal note:Idem

    (2) Where a court or judge summarily convicts a person for a contempt of court not committed in the face of the court and punishment is imposed in respect thereof, that person may appeal

    • (a) from the conviction; or

    • (b) against the punishment imposed.

  • Marginal note:Part XXI applies

    (3) An appeal under this section lies to the court of appeal of the province in which the proceedings take place, and, for the purposes of this section, the provisions of Part XXI apply, with such modifications as the circumstances require.

  • R.S., 1985, c. C-46, s. 10;
  • R.S., 1985, c. 27 (1st Supp.), s. 203.