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:Warrant of seizure
  •  (1) A judge who is satisfied by information on oath that there are reasonable grounds for believing that any publication, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is hate propaganda shall issue a warrant under his hand authorizing seizure of the copies.

  • Marginal note:Summons to occupier

    (2) Within seven days of the issue of a warrant under subsection (1), the judge shall issue a summons to the occupier of the premises requiring him to appear before the court and show cause why the matter seized should not be forfeited to Her Majesty.

  • Marginal note:Owner and author may appear

    (3) The owner and the author of the matter seized under subsection (1) and alleged to be hate propaganda may appear and be represented in the proceedings in order to oppose the making of an order for the forfeiture of the matter.

  • Marginal note:Order of forfeiture

    (4) If the court is satisfied that the publication referred to in subsection (1) is hate propaganda, it shall make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.

  • Marginal note:Disposal of matter

    (5) If the court is not satisfied that the publication referred to in subsection (1) is hate propaganda, it shall order that the matter be restored to the person from whom it was seized forthwith after the time for final appeal has expired.

  • Marginal note:Appeal

    (6) An appeal lies from an order made under subsection (4) or (5) by any person who appeared in the proceedings

    • (a) on any ground of appeal that involves a question of law alone,

    • (b) on any ground of appeal that involves a question of fact alone, or

    • (c) on any ground of appeal that involves a question of mixed law and fact,

    as if it were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, on a question of law alone under Part XXI, and sections 673 to 696 apply with such modifications as the circumstances require.

  • Marginal note:Consent

    (7) No proceeding under this section shall be instituted without the consent of the Attorney General.

  • Marginal note:Definitions

    (8) In this section,

    court

    tribunal

    court means

    • (a) in the Province of Quebec, the Court of Quebec,

    • (a.1) in the Province of Ontario, the Superior Court of Justice,

    • (b) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench,

    • (c) in the Province of Newfoundland and Labrador, the Supreme Court, Trial Division,

    • (c.1) [Repealed, 1992, c. 51, s. 36]

    • (d) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, in Yukon and in the Northwest Territories, the Supreme Court, and

    • (e) in Nunavut, the Nunavut Court of Justice; (tribunal)

    genocide

    génocide

    genocide has the same meaning as in section 318; (génocide)

    hate propaganda

    propagande haineuse

    hate propaganda means any writing, sign or visible representation that advocates or promotes genocide or the communication of which by any person would constitute an offence under section 319; (propagande haineuse)

    judge

    juge

    judge means a judge of a court. (juge)

  • R.S., 1985, c. C-46, s. 320;
  • R.S., 1985, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2;
  • 1990, c. 16, s. 4, c. 17, s. 11;
  • 1992, c. 1, s. 58, c. 51, s. 36;
  • 1998, c. 30, s. 14;
  • 1999, c. 3, s. 29;
  • 2002, c. 7, s. 142;
  • 2015, c. 3, s. 49.
Marginal note:Warrant of seizure
  •  (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material that is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, that is stored on and made available to the public through a computer system within the meaning of subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to

    • (a) give an electronic copy of the material to the court;

    • (b) ensure that the material is no longer stored on and made available through the computer system; and

    • (c) provide the information necessary to identify and locate the person who posted the material.

  • Marginal note:Notice to person who posted the material

    (2) Within a reasonable time after receiving the information referred to in paragraph (1)(c), the judge shall cause notice to be given to the person who posted the material, giving that person the opportunity to appear and be represented before the court and show cause why the material should not be deleted. If the person cannot be identified or located or does not reside in Canada, the judge may order the custodian of the computer system to post the text of the notice at the location where the material was previously stored and made available, until the time set for the appearance.

  • Marginal note:Person who posted the material may appear

    (3) The person who posted the material may appear and be represented in the proceedings in order to oppose the making of an order under subsection (5).

  • Marginal note:Non-appearance

    (4) If the person who posted the material does not appear for the proceedings, the court may proceed ex parte to hear and determine the proceedings in the absence of the person as fully and effectually as if the person had appeared.

  • Marginal note:Order

    (5) If the court is satisfied, on a balance of probabilities, that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, it may order the custodian of the computer system to delete the material.

  • Marginal note:Destruction of copy

    (6) When the court makes the order for the deletion of the material, it may order the destruction of the electronic copy in the court’s possession.

  • Marginal note:Return of material

    (7) If the court is not satisfied that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b).

  • Marginal note:Other provisions to apply

    (8) Subsections 320(6) to (8) apply, with any modifications that the circumstances require, to this section.

  • Marginal note:When order takes effect

    (9) No order made under subsections (5) to (7) takes effect until the time for final appeal has expired.

  • 2001, c. 41, s. 10;
  • 2014, c. 31, s. 13.

PART IXOffences Against Rights of Property

Interpretation

Marginal note:Definitions

 In this Part,

break

effraction

break means

  • (a) to break any part, internal or external, or

  • (b) to open any thing that is used or intended to be used to close or to cover an internal or external opening; (effraction)

credit card

carte de crédit

credit card means any card, plate, coupon book or other device issued or otherwise distributed for the purpose of being used

  • (a) on presentation to obtain, on credit, money, goods, services or any other thing of value, or

  • (b) in an automated teller machine, a remote service unit or a similar automated banking device to obtain any of the services offered through the machine, unit or device; (carte de crédit)

document

document

document means any paper, parchment or other material on which is recorded or marked anything that is capable of being read or understood by a person, computer system or other device, and includes a credit card, but does not include trade-marks on articles of commerce or inscriptions on stone or metal or other like material; (document)

exchequer bill

bon du Trésor

exchequer bill means a bank-note, bond, note, debenture or security that is issued or guaranteed by Her Majesty under the authority of Parliament or the legislature of a province; (bon du Trésor)

exchequer bill paper

papier de bons du Trésor

exchequer bill paper means paper that is used to manufacture exchequer bills; (papier de bons du Trésor)

false document

faux document

false document means a document

  • (a) the whole or a material part of which purports to be made by or on behalf of a person

    • (i) who did not make it or authorize it to be made, or

    • (ii) who did not in fact exist,

  • (b) that is made by or on behalf of the person who purports to make it but is false in some material particular,

  • (c) that is made in the name of an existing person, by him or under his authority, with a fraudulent intention that it should pass as being made by a person, real or fictitious, other than the person who makes it or under whose authority it is made; (faux document)

revenue paper

papier de revenu

revenue paper means paper that is used to make stamps, licences or permits or for any purpose connected with the public revenue. (papier de revenu)

  • R.S., 1985, c. C-46, s. 321;
  • R.S., 1985, c. 27 (1st Supp.), s. 42.
 
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