Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-06-06 and last amended on 2015-07-23. Previous Versions

Marginal note:Intimidation of a justice system participant or a journalist
  •  (1) No person shall, without lawful authority, engage in any conduct with the intent to provoke a state of fear in

    • (a) a group of persons or the general public in order to impede the administration of criminal justice;

    • (b) a justice system participant in order to impede him or her in the performance of his or her duties; or

    • (c) a journalist in order to impede him or her in the transmission to the public of information in relation to a criminal organization.

  • (2) [Repealed, 2015, c. 13, s. 12]

  • Marginal note:Punishment

    (3) Every person who contravenes this section is guilty of an indictable offence and is liable to imprisonment for a term of not more than fourteen years.

  • 2001, c. 32, s. 11;
  • 2015, c. 13, s. 12.
Marginal note:Threat against internationally protected person

 Every one who threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against an internationally protected person or who threatens to commit an offence under section 431 is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

  • R.S., 1985, c. C-46, s. 424;
  • R.S., 1985, c. 27 (1st Supp.), s. 55;
  • 2001, c. 41, s. 11.
Marginal note:Threat against United Nations or associated personnel

 Every one who, with intent to compel any person, group of persons, state or any international or intergovernmental organization to do or refrain from doing any act, threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against a member of United Nations personnel or associated personnel or threatens to commit an offence under section 431.1 is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years.

  • 2001, c. 41, s. 11.
Marginal note:Offences by employers

 Every one who, being an employer or the agent of an employer, wrongfully and without lawful authority

  • (a) refuses to employ or dismisses from his employment any person for the reason only that the person is a member of a lawful trade union or of a lawful association or combination of workmen or employees formed for the purpose of advancing, in a lawful manner, their interests and organized for their protection in the regulation of wages and conditions of work,

  • (b) seeks by intimidation, threat of loss of position or employment, or by causing actual loss of position or employment, or by threatening or imposing any pecuniary penalty, to compel workmen or employees to abstain from belonging to any trade union, association or combination to which they have a lawful right to belong, or

  • (c) conspires, combines, agrees or arranges with any other employer or his agent to do anything mentioned in paragraph (a) or (b),

is guilty of an offence punishable on summary conviction.

  • R.S., c. C-34, s. 382.
Marginal note:Threats and retaliation against employees
  •  (1) No employer or person acting on behalf of an employer or in a position of authority in respect of an employee of the employer shall take a disciplinary measure against, demote, terminate or otherwise adversely affect the employment of such an employee, or threaten to do so,

    • (a) with the intent to compel the employee to abstain from providing information to a person whose duties include the enforcement of federal or provincial law, respecting an offence that the employee believes has been or is being committed contrary to this or any other federal or provincial Act or regulation by the employer or an officer or employee of the employer or, if the employer is a corporation, by one or more of its directors; or

    • (b) with the intent to retaliate against the employee because the employee has provided information referred to in paragraph (a) to a person whose duties include the enforcement of federal or provincial law.

  • Marginal note:Punishment

    (2) Any one who contravenes subsection (1) is guilty of

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

    • (b) an offence punishable on summary conviction.

  • 2004, c. 3, s. 6.

Secret Commissions

Marginal note:Secret commissions
  •  (1) Every one commits an offence who

    • (a) directly or indirectly, corruptly gives, offers or agrees to give or offer to an agent or to anyone for the benefit of the agent — or, being an agent, directly or indirectly, corruptly demands, accepts or offers or agrees to accept from any person, for themselves or another person — any reward, advantage or benefit of any kind as consideration for doing or not doing, or for having done or not done, any act relating to the affairs or business of the agent’s principal, or for showing or not showing favour or disfavour to any person with relation to the affairs or business of the agent’s principal; or

    • (b) with intent to deceive a principal, gives to an agent of that principal, or, being an agent, uses with intent to deceive his principal, a receipt, an account or other writing

      • (i) in which the principal has an interest,

      • (ii) that contains any statement that is false or erroneous or defective in any material particular, and

      • (iii) that is intended to mislead the principal.

  • Marginal note:Privity to offence

    (2) Every one commits an offence who is knowingly privy to the commission of an offence under subsection (1).

  • Marginal note:Punishment

    (3) A person who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • Definition of agent and principal

    (4) In this section, agent includes an employee, and principal includes an employer.

  • R.S., 1985, c. C-46, s. 426;
  • R.S., 1985, c. 27 (1st Supp.), s. 56;
  • 2007, c. 13, s. 7.

Trading Stamps

Marginal note:Issuing trading stamps
  •  (1) Every one who, by himself or his employee or agent, directly or indirectly issues, gives, sells or otherwise disposes of, or offers to issue, give, sell or otherwise dispose of trading stamps to a merchant or dealer in goods for use in his business is guilty of an offence punishable on summary conviction.

  • Marginal note:Giving to purchaser of goods

    (2) Every one who, being a merchant or dealer in goods, by himself or his employee or agent, directly or indirectly gives or in any way disposes of, or offers to give or in any way dispose of, trading stamps to a person who purchases goods from him is guilty of an offence punishable on summary conviction.

  • R.S., c. C-34, s. 384.

PART XIWilful and Forbidden Acts in Respect of Certain Property

Interpretation

Definition of property

 In this Part, property means real or personal corporeal property.

  • R.S., c. C-34, s. 385.
Marginal note:Wilfully causing event to occur
  •  (1) Every one who causes the occurrence of an event by doing an act or by omitting to do an act that it is his duty to do, knowing that the act or omission will probably cause the occurrence of the event and being reckless whether the event occurs or not, shall be deemed, for the purposes of this Part, wilfully to have caused the occurrence of the event.

  • Marginal note:Colour of right

    (2) No person shall be convicted of an offence under sections 430 to 446 where he proves that he acted with legal justification or excuse and with colour of right.

  • Marginal note:Interest

    (3) Where it is an offence to destroy or to damage anything,

    • (a) the fact that a person has a partial interest in what is destroyed or damaged does not prevent him from being guilty of the offence if he caused the destruction or damage; and

    • (b) the fact that a person has a total interest in what is destroyed or damaged does not prevent him from being guilty of the offence if he caused the destruction or damage with intent to defraud.

  • R.S., c. C-34, s. 386.

Mischief

Marginal note:Mischief
  •  (1) Every one commits mischief who wilfully

    • (a) destroys or damages property;

    • (b) renders property dangerous, useless, inoperative or ineffective;

    • (c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or

    • (d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

  • Marginal note:Mischief in relation to computer data

    (1.1) Everyone commits mischief who wilfully

    • (a) destroys or alters computer data;

    • (b) renders computer data meaningless, useless or ineffective;

    • (c) obstructs, interrupts or interferes with the lawful use of computer data; or

    • (d) obstructs, interrupts or interferes with a person in the lawful use of computer data or denies access to computer data to a person who is entitled to access to it.

  • Marginal note:Punishment

    (2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Punishment

    (3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars

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

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Idem

    (4) Every one who commits mischief in relation to property, other than property described in subsection (3),

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

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Mischief relating to religious property

    (4.1) Every one who commits mischief in relation to property that is a building, structure or part thereof that is primarily used for religious worship, including a church, mosque, synagogue or temple, or an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery, if the commission of the mischief is motivated by bias, prejudice or hate based on religion, race, colour or national or ethnic origin,

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

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

  • Marginal note:Mischief relating to war memorials

    (4.11) Everyone who commits mischief in relation to property that is a building, structure or part thereof that primarily serves as a monument to honour persons who were killed or died as a consequence of a war, including a war memorial or cenotaph, or an object associated with honouring or remembering those persons that is located in or on the grounds of such a building or structure, or a cemetery is guilty of an indictable offence or an offence punishable on summary conviction and is liable,

    • (a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,

      • (i) for a first offence, to a fine of not less than $1,000,

      • (ii) for a second offence, to imprisonment for not less than 14 days, and

      • (iii) for each subsequent offence, to imprisonment for not less than 30 days;

    • (b) if the offence is prosecuted by indictment, to imprisonment for a term not exceeding 10 years; and

    • (c) if the offence is punishable on summary conviction, to imprisonment for a term not exceeding 18 months.

  • Marginal note:Mischief in relation to cultural property

    (4.2) Every one who commits mischief in relation to cultural property as defined in Article 1 of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on May 14, 1954, as set out in the schedule to the Cultural Property Export and Import Act,

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

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Mischief in relation to computer data

    (5) Everyone who commits mischief in relation to computer data

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

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Offence

    (5.1) Everyone who wilfully does an act or wilfully omits to do an act that it is their duty to do, if that act or omission is likely to constitute mischief causing actual danger to life, or to constitute mischief in relation to property or computer data,

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

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Saving

    (6) No person commits mischief within the meaning of this section by reason only that

    • (a) he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;

    • (b) he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or

    • (c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.

  • Marginal note:Idem

    (7) No person commits mischief within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.

  • Definition of computer data

    (8) In this section, computer data has the same meaning as in subsection 342.1(2).

  • R.S., 1985, c. C-46, s. 430;
  • R.S., 1985, c. 27 (1st Supp.), s. 57;
  • 1994, c. 44, s. 28;
  • 2001, c. 41, s. 12;
  • 2005, c. 40, s. 3;
  • 2014, c. 9, s. 1, c. 31, s. 19.
 
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