Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-09-18 and last amended on 2016-06-17. Previous Versions

Marginal note:Proceedings on making of prohibition order
  •  (1) If a court makes a prohibition order under section 259 in relation to an offender, it shall cause

    • (a) the order to be read by or to the offender;

    • (b) a copy of the order to be given to the offender; and

    • (c) the offender to be informed of subsection 259(4).

  • Marginal note:Endorsement by offender

    (2) After subsection (1) has been complied with in relation to an offender who is bound by an order referred to in that subsection, the offender shall endorse the order, acknowledging receipt of a copy thereof and that the order has been explained to him.

  • Marginal note:Validity of order not affected

    (3) The failure of an offender to endorse an order pursuant to subsection (2) does not affect the validity of the order.

  • Marginal note:Onus

    (4) In the absence of evidence to the contrary, where it is proved that a disqualification referred to in paragraph 259(5)(b) has been imposed on a person and that notice of the disqualification has been mailed by registered or certified mail to that person, that person shall, after five days following the mailing of the notice, be deemed to have received the notice and to have knowledge of the disqualification, of the date of its commencement and of its duration.

  • Marginal note:Certificate admissible in evidence

    (5) In proceedings under section 259, a certificate setting out with reasonable particularity that a person is disqualified from

    • (a) driving a motor vehicle in a province, purporting to be signed by the registrar of motor vehicles for that province, or

    • (b) operating a vessel or aircraft, purporting to be signed by the Minister of Transport or any person authorized by the Minister of Transport for that purpose

    is evidence of the facts alleged therein without proof of the signature or official character of the person by whom it purports to be signed.

  • Marginal note:Notice to accused

    (6) Subsection (5) does not apply in any proceedings unless at least seven days notice in writing is given to the accused that it is intended to tender the certificate in evidence.

  • Definition of registrar of motor vehicles

    (7) In subsection (5), registrar of motor vehicles includes the deputy of that registrar and any other person or body, by whatever name or title designated, that from time to time performs the duties of superintending the registration of motor vehicles in the province.

  • R.S., 1985, c. C-46, s. 260;
  • R.S., 1985, c. 27 (1st Supp.), s. 36, c. 1 (4th Supp.), s. 18(F);
  • 2006, c. 14, s. 4.
Marginal note:Stay of order pending appeal
  •  (1) Subject to subsection (1.1), if an appeal is taken against a conviction or discharge under section 730 for an offence committed under any of sections 220, 221, 236, 249 to 255 and 259, a judge of the court being appealed to may direct that any prohibition order under section 259 arising out of the conviction or discharge shall, on any conditions that the judge or court imposes, be stayed pending the final disposition of the appeal or until otherwise ordered by that court.

  • Marginal note:Appeals to Supreme Court of Canada

    (1.1) In the case of an appeal to the Supreme Court of Canada, the direction referred to in subsection (1) may be made only by a judge of the court being appealed from and not by a judge of the Supreme Court of Canada.

  • Marginal note:Effect of conditions

    (2) If conditions are imposed under a direction made under subsection (1) or (1.1) that a prohibition order be stayed, the direction shall not operate to decrease the period of prohibition provided in the order.

  • R.S., 1985, c. C-46, s. 261;
  • R.S., 1985, c. 27 (1st Supp.), s. 36, c. 1 (4th Supp.), s. 18(F);
  • 1994, c. 44, ss. 15, 103;
  • 1995, c. 22, s. 10;
  • 1997, c. 18, ss. 12, 141;
  • 2006, c. 14, s. 5;
  • 2008, c. 6, s. 27.
Marginal note:Impeding attempt to save life

 Every one who

  • (a) prevents or impedes or attempts to prevent or impede any person who is attempting to save his own life, or

  • (b) without reasonable cause prevents or impedes or attempts to prevent or impede any person who is attempting to save the life of another person,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • R.S., c. C-34, s. 241.
Marginal note:Duty to safeguard opening in ice
  •  (1) Every one who makes or causes to be made an opening in ice that is open to or frequented by the public is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the opening exists.

  • Marginal note:Excavation on land

    (2) Every one who leaves an excavation on land that he owns or of which he has charge or supervision is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the excavation exists.

  • Marginal note:Offences

    (3) Every one who fails to perform a duty imposed by subsection (1) or (2) is guilty of

    • (a) manslaughter, if the death of any person results therefrom;

    • (b) an offence under section 269, if bodily harm to any person results therefrom; or

    • (c) an offence punishable on summary conviction.

  • R.S., c. C-34, s. 242;
  • 1980-81-82-83, c. 125, s. 18.
Marginal note:Criminal harassment
  •  (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.

  • Marginal note:Prohibited conduct

    (2) The conduct mentioned in subsection (1) consists of

    • (a) repeatedly following from place to place the other person or anyone known to them;

    • (b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;

    • (c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or

    • (d) engaging in threatening conduct directed at the other person or any member of their family.

  • Marginal note:Punishment

    (3) Every person who contravenes this section is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Factors to be considered

    (4) Where a person is convicted of an offence under this section, the court imposing the sentence on the person shall consider as an aggravating factor that, at the time the offence was committed, the person contravened

    • (a) the terms or conditions of an order made pursuant to section 161 or a recognizance entered into pursuant to section 810, 810.1 or 810.2; or

    • (b) the terms or conditions of any other order or recognizance made or entered into under the common law or a provision of this or any other Act of Parliament or of a province that is similar in effect to an order or recognizance referred to in paragraph (a).

  • Marginal note:Reasons

    (5) Where the court is satisfied of the existence of an aggravating factor referred to in subsection (4), but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision.

  • R.S., 1985, c. C-46, s. 264;
  • R.S., 1985, c. 27 (1st Supp.), s. 37;
  • 1993, c. 45, s. 2;
  • 1997, c. 16, s. 4, c. 17, s. 9;
  • 2002, c. 13, s. 10.

Assaults

Marginal note:Uttering threats
  •  (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat

    • (a) to cause death or bodily harm to any person;

    • (b) to burn, destroy or damage real or personal property; or

    • (c) to kill, poison or injure an animal or bird that is the property of any person.

  • Marginal note:Punishment

    (2) Every one who commits an offence under paragraph (1)(a) is guilty of

    • (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • Marginal note:Idem

    (3) Every one who commits an offence under paragraph (1)(b) or (c)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. 27 (1st Supp.), s. 38;
  • 1994, c. 44, s. 16.
 
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