Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-04-02 and last amended on 2013-12-12. Previous Versions

 [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 1]

Marginal note:Incest
  •  (1) Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person.

  • Marginal note:Punishment

    (2) Everyone who commits incest is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and, if the other person is under the age of 16 years, to a minimum punishment of imprisonment for a term of five years.

  • Marginal note:Defence

    (3) No accused shall be determined by a court to be guilty of an offence under this section if the accused was under restraint, duress or fear of the person with whom the accused had the sexual intercourse at the time the sexual intercourse occurred.

  • Definition of “brother” and “sister”

    (4) In this section, “brother” and “sister”, respectively, include half-brother and half-sister.

  • R.S., 1985, c. C-46, s. 155;
  • R.S., 1985, c. 27 (1st Supp.), s. 21;
  • 2012, c. 1, s. 14.

 [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 2]

Marginal note:Anal intercourse
  •  (1) Every person who engages in an act of anal intercourse is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to any act engaged in, in private, between

    • (a) husband and wife, or

    • (b) any two persons, each of whom is eighteen years of age or more,

    both of whom consent to the act.

  • Marginal note:Idem

    (3) For the purposes of subsection (2),

    • (a) an act shall be deemed not to have been engaged in in private if it is engaged in in a public place or if more than two persons take part or are present; and

    • (b) a person shall be deemed not to consent to an act

      • (i) if the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent misrepresentations respecting the nature and quality of the act, or

      • (ii) if the court is satisfied beyond a reasonable doubt that the person could not have consented to the act by reason of mental disability.

  • R.S., 1985, c. C-46, s. 159;
  • R.S., 1985, c. 19 (3rd Supp.), s. 3.