Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-07-22 and last amended on 2014-07-11. Previous Versions

Marginal note:Compulsion of spouse

 No presumption arises that a married person who commits an offence does so under compulsion by reason only that the offence is committed in the presence of the spouse of that married person.

  • R.S., c. C-34, s. 18;
  • 1980-81-82-83, c. 125, s. 4.
Marginal note:Ignorance of the law

 Ignorance of the law by a person who commits an offence is not an excuse for committing that offence.

  • R.S., c. C-34, s. 19.
Marginal note:Certain acts on holidays valid

 A warrant or summons that is authorized by this Act or an appearance notice, promise to appear, undertaking or recognizance issued, given or entered into in accordance with Part XVI, XXI or XXVII may be issued, executed, given or entered into, as the case may be, on a holiday.

  • R.S., c. C-34, s. 20;
  • R.S., c. 2(2nd Supp.), s. 2.

Parties to Offences

Marginal note:Parties to offence
  •  (1) Every one is a party to an offence who

    • (a) actually commits it;

    • (b) does or omits to do anything for the purpose of aiding any person to commit it; or

    • (c) abets any person in committing it.

  • Marginal note:Common intention

    (2) Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to that offence.

  • R.S., c. C-34, s. 21.
Marginal note:Person counselling offence
  •  (1) Where a person counsels another person to be a party to an offence and that other person is afterwards a party to that offence, the person who counselled is a party to that offence, notwithstanding that the offence was committed in a way different from that which was counselled.

  • Marginal note:Idem

    (2) Every one who counsels another person to be a party to an offence is a party to every offence that the other commits in consequence of the counselling that the person who counselled knew or ought to have known was likely to be committed in consequence of the counselling.

  • Definition of “counsel”

    (3) For the purposes of this Act, “counsel” includes procure, solicit or incite.

  • R.S., 1985, c. C-46, s. 22;
  • R.S., 1985, c. 27 (1st Supp.), s. 7.