Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-08-05 and last amended on 2014-07-11. Previous Versions

Marginal note:Permitting or assisting escape

 Every one who

  • (a) permits a person whom he has in lawful custody to escape, by failing to perform a legal duty,

  • (b) conveys or causes to be conveyed into a prison anything, with intent to facilitate the escape of a person imprisoned therein, or

  • (c) directs or procures, under colour of pretended authority, the discharge of a prisoner who is not entitled to be discharged,

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

  • R.S., c. C-34, s. 134.
Marginal note:Rescue or permitting escape

 Every one who

  • (a) rescues any person from lawful custody or assists any person in escaping or attempting to escape from lawful custody,

  • (b) being a peace officer, wilfully permits a person in his lawful custody to escape, or

  • (c) being an officer of or an employee in a prison, wilfully permits a person to escape from lawful custody therein,

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

  • R.S., c. C-34, s. 135.
Marginal note:Assisting prisoner of war to escape

 Every one who knowingly and wilfully

  • (a) assists a prisoner of war in Canada to escape from a place where he is detained, or

  • (b) assists a prisoner of war, who is permitted to be at large on parole in Canada, to escape from the place where he is at large on parole,

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

  • R.S., c. C-34, s. 136.
Marginal note:Service of term for escape
  •  (1) Notwithstanding section 743.1, a court that convicts a person for an escape committed while undergoing imprisonment may order that the term of imprisonment be served in a penitentiary, even if the time to be served is less than two years.

  • Definition of “escape”

    (2) In this section, “escape” means breaking prison, escaping from lawful custody or, without lawful excuse, being at large before the expiration of a term of imprisonment to which a person has been sentenced.

  • R.S., 1985, c. C-46, s. 149;
  • R.S., 1985, c. 27 (1st Supp.), s. 203;
  • 1992, c. 20, s. 199;
  • 1995, c. 22, s. 1.

PART VSEXUAL OFFENCES, PUBLIC MORALS AND DISORDERLY CONDUCT

Interpretation

Marginal note:Definitions

 In this Part,

“guardian”

« tuteur »

“guardian” includes any person who has in law or in fact the custody or control of another person;

“public place”

« endroit public »

“public place” includes any place to which the public have access as of right or by invitation, express or implied;

“theatre”

« théâtre »

“theatre” includes any place that is open to the public where entertainments are given, whether or not any charge is made for admission.

  • R.S., c. C-34, s. 138.