Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-04-12 and last amended on 2015-07-23. Previous Versions

Marginal note:Meaning of “consent”
  •  (1) Subject to subsection (2) and subsection 265(3), consent means, for the purposes of sections 271, 272 and 273, the voluntary agreement of the complainant to engage in the sexual activity in question.

  • Marginal note:Where no consent obtained

    (2) No consent is obtained, for the purposes of sections 271, 272 and 273, where

    • (a) the agreement is expressed by the words or conduct of a person other than the complainant;

    • (b) the complainant is incapable of consenting to the activity;

    • (c) the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority;

    • (d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or

    • (e) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.

  • Marginal note:Subsection (2) not limiting

    (3) Nothing in subsection (2) shall be construed as limiting the circumstances in which no consent is obtained.

  • 1992, c. 38, s. 1.
Marginal note:Where belief in consent not a defence

 It is not a defence to a charge under section 271, 272 or 273 that the accused believed that the complainant consented to the activity that forms the subject-matter of the charge, where

  • (a) the accused’s belief arose from the accused’s

    • (i) self-induced intoxication, or

    • (ii) recklessness or wilful blindness; or

  • (b) the accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant was consenting.

  • 1992, c. 38, s. 1.
Marginal note:Removal of child from Canada
  •  (1) No person shall do anything for the purpose of removing from Canada a person who is ordinarily resident in Canada and who is

    • (a) under the age of 16 years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 151 or 152 or subsection 160(3) or 173(2) in respect of that person;

    • (b) 16 years of age or more but under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 153 in respect of that person;

    • (c) under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 155 or 159, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272 or 273 in respect of that person; or

    • (d) under the age of 18 years, with the intention that an act be committed outside Canada that, if it were committed in Canada, would be an offence against section 293.1 in respect of that person or under the age of 16 years, with the intention that an act be committed outside Canada that, if it were committed in Canada, would be an offence against section 293.2 in respect of that person.

  • Marginal note:Punishment

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

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

    • (b) an offence punishable on summary conviction.

  • 1993, c. 45, s. 3;
  • 1997, c. 18, s. 13;
  • 2008, c. 6, s. 54;
  • 2015, c. 29, s. 8.
Marginal note:Corroboration not required

 If an accused is charged with an offence under section 151, 152, 153, 153.1, 155, 159, 160, 170, 171, 172, 173, 271, 272, 273, 286.1, 286.2 or 286.3, no corroboration is required for a conviction and the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration.

  • R.S., 1985, c. C-46, s. 274;
  • R.S., 1985, c. 19 (3rd Supp.), s. 11;
  • 2002, c. 13, s. 12;
  • 2014, c. 25, s. 16.
Marginal note:Rules respecting recent complaint abrogated

 The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151, 152, 153, 153.1, 155 and 159, subsections 160(2) and (3) and sections 170, 171, 172, 173, 271, 272 and 273.

  • R.S., 1985, c. C-46, s. 275;
  • R.S., 1985, c. 19 (3rd Supp.), s. 11;
  • 2002, c. 13, s. 12.
Marginal note:Evidence of complainant’s sexual activity
  •  (1) In proceedings in respect of an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant

    • (a) is more likely to have consented to the sexual activity that forms the subject-matter of the charge; or

    • (b) is less worthy of belief.

  • Marginal note:Idem

    (2) In proceedings in respect of an offence referred to in subsection (1), no evidence shall be adduced by or on behalf of the accused that the complainant has engaged in sexual activity other than the sexual activity that forms the subject-matter of the charge, whether with the accused or with any other person, unless the judge, provincial court judge or justice determines, in accordance with the procedures set out in sections 276.1 and 276.2, that the evidence

    • (a) is of specific instances of sexual activity;

    • (b) is relevant to an issue at trial; and

    • (c) has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice.

  • Marginal note:Factors that judge must consider

    (3) In determining whether evidence is admissible under subsection (2), the judge, provincial court judge or justice shall take into account

    • (a) the interests of justice, including the right of the accused to make a full answer and defence;

    • (b) society’s interest in encouraging the reporting of sexual assault offences;

    • (c) whether there is a reasonable prospect that the evidence will assist in arriving at a just determination in the case;

    • (d) the need to remove from the fact-finding process any discriminatory belief or bias;

    • (e) the risk that the evidence may unduly arouse sentiments of prejudice, sympathy or hostility in the jury;

    • (f) the potential prejudice to the complainant’s personal dignity and right of privacy;

    • (g) the right of the complainant and of every individual to personal security and to the full protection and benefit of the law; and

    • (h) any other factor that the judge, provincial court judge or justice considers relevant.

  • R.S., 1985, c. C-46, s. 276;
  • R.S., 1985, c. 19 (3rd Supp.), s. 12;
  • 1992, c. 38, s. 2;
  • 2002, c. 13, s. 13.
Marginal note:Application for hearing
  •  (1) Application may be made to the judge, provincial court judge or justice by or on behalf of the accused for a hearing under section 276.2 to determine whether evidence is admissible under subsection 276(2).

  • Marginal note:Form and content of application

    (2) An application referred to in subsection (1) must be made in writing and set out

    • (a) detailed particulars of the evidence that the accused seeks to adduce, and

    • (b) the relevance of that evidence to an issue at trial,

    and a copy of the application must be given to the prosecutor and to the clerk of the court.

  • Marginal note:Jury and public excluded

    (3) The judge, provincial court judge or justice shall consider the application with the jury and the public excluded.

  • Marginal note:Judge may decide to hold hearing

    (4) Where the judge, provincial court judge or justice is satisfied

    • (a) that the application was made in accordance with subsection (2),

    • (b) that a copy of the application was given to the prosecutor and to the clerk of the court at least seven days previously, or such shorter interval as the judge, provincial court judge or justice may allow where the interests of justice so require, and

    • (c) that the evidence sought to be adduced is capable of being admissible under subsection 276(2),

    the judge, provincial court judge or justice shall grant the application and hold a hearing under section 276.2 to determine whether the evidence is admissible under subsection 276(2).

  • 1992, c. 38, s. 2.
 
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