Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-01-25 and last amended on 2015-07-23. Previous Versions

Marginal note:Appeal

 For the purposes of sections 675 and 676, a determination to make or refuse to make an order pursuant to subsection 278.5(1) or 278.7(1) is deemed to be a question of law.

  • 1997, c. 30, s. 1.

Kidnapping, Trafficking in Persons, Hostage Taking and Abduction

Marginal note:Kidnapping
  •  (1) Every person commits an offence who kidnaps a person with intent

    • (a) to cause the person to be confined or imprisoned against the person’s will;

    • (b) to cause the person to be unlawfully sent or transported out of Canada against the person’s will; or

    • (c) to hold the person for ransom or to service against the person’s will.

  • Marginal note:Punishment

    (1.1) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, five years, and

      • (ii) in the case of a second or subsequent offence, seven years;

    • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years;

    • (a.2) if the person referred to in paragraph (1)(a), (b) or (c) is under 16 years of age, to imprisonment for life and, unless the person who commits the offence is a parent, guardian or person having the lawful care or charge of the person referred to in that paragraph, to a minimum punishment of imprisonment for a term of five years; and

    • (b) in any other case, to imprisonment for life.

  • Marginal note:Subsequent offences

    (1.2) In determining, for the purpose of paragraph (1.1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under subsection (1);

    • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

    • (c) an offence under section 220, 236, 239, 272, 273, 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Factors to consider

    (1.21) In imposing a sentence under paragraph (1.1)(a.2), the court shall take into account the age and vulnerability of the victim.

  • Marginal note:Sequence of convictions only

    (1.3) For the purposes of subsection (1.2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • Marginal note:Forcible confinement

    (2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of

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

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

  • Marginal note:Non-resistance

    (3) In proceedings under this section, the fact that the person in relation to whom the offence is alleged to have been committed did not resist is not a defence unless the accused proves that the failure to resist was not caused by threats, duress, force or exhibition of force.

  • R.S., 1985, c. C-46, s. 279;
  • R.S., 1985, c. 27 (1st Supp.), s. 39;
  • 1995, c. 39, s. 147;
  • 1997, c. 18, s. 14;
  • 2008, c. 6, s. 30;
  • 2009, c. 22, s. 12;
  • 2013, c. 32, s. 1.
Marginal note:Trafficking in persons
  •  (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable

    • (a) to imprisonment for life and to a minimum punishment of imprisonment for a term of five years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or

    • (b) to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of four years in any other case.

  • Marginal note:Consent

    (2) No consent to the activity that forms the subject-matter of a charge under subsection (1) is valid.

  • 2005, c. 43, s. 3;
  • 2014, c. 25, s. 18.
Marginal note:Trafficking of a person under the age of eighteen years
  •  (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person under the age of eighteen years, or exercises control, direction or influence over the movements of a person under the age of eighteen years, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable

    • (a) to imprisonment for life and to a minimum punishment of imprisonment for a term of six years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or

    • (b) to imprisonment for a term of not more than fourteen years and to a minimum punishment of imprisonment for a term of five years, in any other case.

  • Marginal note:Consent

    (2) No consent to the activity that forms the subject-matter of a charge under subsection (1) is valid.

  • 2010, c. 3, s. 2.
Marginal note:Material benefit — trafficking
  •  (1) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.01(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

  • Marginal note:Material benefit — trafficking of person under 18 years

    (2) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.011(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of two years.

  • 2005, c. 43, s. 3;
  • 2010, c. 3, s. 3;
  • 2014, c. 25, s. 19.
Marginal note:Withholding or destroying documents — trafficking
  •  (1) Everyone who, for the purpose of committing or facilitating an offence under subsection 279.01(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status  — whether or not the document is of Canadian origin or is authentic  —  is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

  • Marginal note:Withholding or destroying documents — trafficking of person under 18 years

    (2) Everyone who, for the purpose of committing or facilitating an offence under subsection 279.011(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status  — whether or not the document is of Canadian origin or is authentic  —  is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year.

  • 2005, c. 43, s. 3;
  • 2010, c. 3, s. 3;
  • 2014, c. 25, s. 19.
Marginal note:Exploitation
  •  (1) For the purposes of sections 279.01 to 279.03, a person exploits another person if they cause them to provide, or offer to provide, labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide, or offer to provide, the labour or service.

  • Marginal note:Factors

    (2) In determining whether an accused exploits another person under subsection (1), the Court may consider, among other factors, whether the accused

    • (a) used or threatened to use force or another form of coercion;

    • (b) used deception; or

    • (c) abused a position of trust, power or authority.

  • Marginal note:Organ or tissue removal

    (3) For the purposes of sections 279.01 to 279.03, a person exploits another person if they cause them, by means of deception or the use or threat of force or of any other form of coercion, to have an organ or tissue removed.

  • 2005, c. 43, s. 3;
  • 2012, c. 15, s. 2.
 
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