Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-05-12 and last amended on 2015-07-23. Previous Versions

Suppression of Riots

Marginal note:Use of force to suppress riot
  •  (1) Every peace officer is justified in using or in ordering the use of as much force as the peace officer believes, in good faith and on reasonable grounds,

    • (a) is necessary to suppress a riot; and

    • (b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot.

  • Marginal note:Person bound by military law

    (2) Every one who is bound by military law to obey the command of his superior officer is justified in obeying any command given by his superior officer for the suppression of a riot unless the order is manifestly unlawful.

  • Marginal note:Obeying order of peace officer

    (3) Every one is justified in obeying an order of a peace officer to use force to suppress a riot if

    • (a) he acts in good faith; and

    • (b) the order is not manifestly unlawful.

  • Marginal note:Apprehension of serious mischief

    (4) Every one who, in good faith and on reasonable grounds, believes that serious mischief will result from a riot before it is possible to secure the attendance of a peace officer is justified in using as much force as he believes in good faith and on reasonable grounds,

    • (a) is necessary to suppress the riot; and

    • (b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot.

  • Marginal note:Question of law

    (5) For the purposes of this section, the question whether an order is manifestly unlawful or not is a question of law.

  • R.S., c. C-34, s. 32.
Marginal note:Duty of officers if rioters do not disperse
  •  (1) Where the proclamation referred to in section 67 has been made or an offence against paragraph 68(a) or (b) has been committed, it is the duty of a peace officer and of a person who is lawfully required by him to assist, to disperse or to arrest persons who do not comply with the proclamation.

  • Marginal note:Protection of officers

    (2) No civil or criminal proceedings lie against a peace officer or a person who is lawfully required by a peace officer to assist him in respect of any death or injury that by reason of resistance is caused as a result of the performance by the peace officer or that person of a duty that is imposed by subsection (1).

  • Marginal note:Section not restrictive

    (3) Nothing in this section limits or affects any powers, duties or functions that are conferred or imposed by this Act with respect to the suppression of riots.

  • R.S., c. C-34, s. 33.

Self-induced Intoxication

Marginal note:When defence not available
  •  (1) It is not a defence to an offence referred to in subsection (3) that the accused, by reason of self-induced intoxication, lacked the general intent or the voluntariness required to commit the offence, where the accused departed markedly from the standard of care as described in subsection (2).

  • Marginal note:Criminal fault by reason of intoxication

    (2) For the purposes of this section, a person departs markedly from the standard of reasonable care generally recognized in Canadian society and is thereby criminally at fault where the person, while in a state of self-induced intoxication that renders the person unaware of, or incapable of consciously controlling, their behaviour, voluntarily or involuntarily interferes or threatens to interfere with the bodily integrity of another person.

  • Marginal note:Application

    (3) This section applies in respect of an offence under this Act or any other Act of Parliament that includes as an element an assault or any other interference or threat of interference by a person with the bodily integrity of another person.

  • 1995, c. 32, s. 1.

Defence of Person

Marginal note:Defence — use or threat of force
  •  (1) A person is not guilty of an offence if

    • (a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;

    • (b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and

    • (c) the act committed is reasonable in the circumstances.

  • Marginal note:Factors

    (2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:

    • (a) the nature of the force or threat;

    • (b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;

    • (c) the person’s role in the incident;

    • (d) whether any party to the incident used or threatened to use a weapon;

    • (e) the size, age, gender and physical capabilities of the parties to the incident;

    • (f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;

    • (f.1) any history of interaction or communication between the parties to the incident;

    • (g) the nature and proportionality of the person’s response to the use or threat of force; and

    • (h) whether the act committed was in response to a use or threat of force that the person knew was lawful.

  • Marginal note:No defence

    (3) Subsection (1) does not apply if the force is used or threatened by another person for the purpose of doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

  • R.S., 1985, c. C-46, s. 34;
  • 1992, c. 1, s. 60(F);
  • 2012, c. 9, s. 2.

Defence of Property

Marginal note:Defence — property
  •  (1) A person is not guilty of an offence if

    • (a) they either believe on reasonable grounds that they are in peaceable possession of property or are acting under the authority of, or lawfully assisting, a person whom they believe on reasonable grounds is in peaceable possession of property;

    • (b) they believe on reasonable grounds that another person

      • (i) is about to enter, is entering or has entered the property without being entitled by law to do so,

      • (ii) is about to take the property, is doing so or has just done so, or

      • (iii) is about to damage or destroy the property, or make it inoperative, or is doing so;

    • (c) the act that constitutes the offence is committed for the purpose of

      • (i) preventing the other person from entering the property, or removing that person from the property, or

      • (ii) preventing the other person from taking, damaging or destroying the property or from making it inoperative, or retaking the property from that person; and

    • (d) the act committed is reasonable in the circumstances.

  • Marginal note:No defence

    (2) Subsection (1) does not apply if the person who believes on reasonable grounds that they are, or who is believed on reasonable grounds to be, in peaceable possession of the property does not have a claim of right to it and the other person is entitled to its possession by law.

  • Marginal note:No defence

    (3) Subsection (1) does not apply if the other person is doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

  • R.S., 1985, c. C-46, s. 35;
  • 2012, c. 9, s. 2.

 [Repealed, 2012, c. 9, s. 2]

 
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