Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2017-06-05 and last amended on 2017-05-18. Previous Versions

Marginal note:Fraudulent use of certificate of citizenship
  •  (1) Every one who, while in or out of Canada,

    • (a) uses a certificate of citizenship or a certificate of naturalization for a fraudulent purpose, or

    • (b) being a person to whom a certificate of citizenship or a certificate of naturalization has been granted, knowingly parts with the possession of that certificate with intent that it should be used for a fraudulent purpose,

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

  • Definition of certificate of citizenship and certificate of naturalization

    (2) In this section, certificate of citizenship and certificate of naturalization, respectively, mean a certificate of citizenship and a certificate of naturalization as defined by the Citizenship Act.

  • R.S., c. C-34, s. 59;
  • 1974-75-76, c. 108, s. 41.

Sedition

Marginal note:Seditious words
  •  (1) Seditious words are words that express a seditious intention.

  • Marginal note:Seditious libel

    (2) A seditious libel is a libel that expresses a seditious intention.

  • Marginal note:Seditious conspiracy

    (3) A seditious conspiracy is an agreement between two or more persons to carry out a seditious intention.

  • Marginal note:Seditious intention

    (4) Without limiting the generality of the meaning of the expression seditious intention, every one shall be presumed to have a seditious intention who

    • (a) teaches or advocates, or

    • (b) publishes or circulates any writing that advocates,

    the use, without the authority of law, of force as a means of accomplishing a governmental change within Canada.

  • R.S., c. C-34, s. 60.
Marginal note:Exception

 Notwithstanding subsection 59(4), no person shall be deemed to have a seditious intention by reason only that he intends, in good faith,

  • (a) to show that Her Majesty has been misled or mistaken in her measures;

  • (b) to point out errors or defects in

    • (i) the government or constitution of Canada or a province,

    • (ii) Parliament or the legislature of a province, or

    • (iii) the administration of justice in Canada;

  • (c) to procure, by lawful means, the alteration of any matter of government in Canada; or

  • (d) to point out, for the purpose of removal, matters that produce or tend to produce feelings of hostility and ill-will between different classes of persons in Canada.

  • R.S., c. C-34, s. 61.
Marginal note:Punishment of seditious offences

 Every one who

  • (a) speaks seditious words,

  • (b) publishes a seditious libel, or

  • (c) is a party to a seditious conspiracy,

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

  • R.S., c. C-34, s. 62.
Marginal note:Offences in relation to military forces
  •  (1) Every one who wilfully

    • (a) interferes with, impairs or influences the loyalty or discipline of a member of a force,

    • (b) publishes, edits, issues, circulates or distributes a writing that advises, counsels or urges insubordination, disloyalty, mutiny or refusal of duty by a member of a force, or

    • (c) advises, counsels, urges or in any manner causes insubordination, disloyalty, mutiny or refusal of duty by a member of a force,

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

  • Definition of member of a force

    (2) In this section, member of a force means a member of

    • (a) the Canadian Forces; or

    • (b) the naval, army or air forces of a state other than Canada that are lawfully present in Canada.

  • R.S., c. C-34, s. 63.

Unlawful Assemblies and Riots

Marginal note:Unlawful assembly
  •  (1) An unlawful assembly is an assembly of three or more persons who, with intent to carry out any common purpose, assemble in such a manner or so conduct themselves when they are assembled as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that they

    • (a) will disturb the peace tumultuously; or

    • (b) will by that assembly needlessly and without reasonable cause provoke other persons to disturb the peace tumultuously.

  • Marginal note:Lawful assembly becoming unlawful

    (2) Persons who are lawfully assembled may become an unlawful assembly if they conduct themselves with a common purpose in a manner that would have made the assembly unlawful if they had assembled in that manner for that purpose.

  • Marginal note:Exception

    (3) Persons are not unlawfully assembled by reason only that they are assembled to protect the dwelling-house of any one of them against persons who are threatening to break and enter it for the purpose of committing an indictable offence therein.

  • R.S., c. C-34, s. 64.
Marginal note:Riot

 A riot is an unlawful assembly that has begun to disturb the peace tumultuously.

  • R.S., c. C-34, s. 65.
Marginal note:Punishment of rioter
  •  (1) Every one who takes part in a riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • Marginal note:Concealment of identity

    (2) Every person who commits an offence under subsection (1) while wearing a mask or other disguise to conceal their identity without lawful excuse is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years.

  • R.S., 1985, c. C-46, s. 65;
  • 2013, c. 15, s. 2.
Marginal note:Punishment for unlawful assembly
  •  (1) Every one who is a member of an unlawful assembly is guilty of an offence punishable on summary conviction.

  • Marginal note:Concealment of identity

    (2) Every person who commits an offence under subsection (1) while wearing a mask or other disguise to conceal their identity without lawful excuse 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.

  • R.S., 1985, c. C-46, s. 66;
  • 2013, c. 15, s. 3.
Marginal note:Reading proclamation

 A person who is

  • (a) a justice, mayor or sheriff, or the lawful deputy of a mayor or sheriff,

  • (b) a warden or deputy warden of a prison, or

  • (c) the institutional head of a penitentiary, as those expressions are defined in subsection 2(1) of the Corrections and Conditional Release Act, or that person’s deputy,

who receives notice that, at any place within the jurisdiction of the person, twelve or more persons are unlawfully and riotously assembled together shall go to that place and, after approaching as near as is safe, if the person is satisfied that a riot is in progress, shall command silence and thereupon make or cause to be made in a loud voice a proclamation in the following words or to the like effect:

Her Majesty the Queen charges and commands all persons being assembled immediately to disperse and peaceably to depart to their habitations or to their lawful business on the pain of being guilty of an offence for which, on conviction, they may be sentenced to imprisonment for life. GOD SAVE THE QUEEN.

  • R.S., 1985, c. C-46, s. 67;
  • 1994, c. 44, s. 5.
 
Date modified: