Marginal note:Burden of proof
4 The burden of proving the right to import, send, take or transport, or to cause to be imported, sent, taken or transported, any intoxicating liquor into any province is on the person accused.
- R.S., c. I-4, s. 4.
5 Every person who contravenes any of the provisions of this Act is guilty of an offence and liable on summary conviction
(a) for a first offence, to a fine not exceeding two hundred dollars, and in default of payment to imprisonment for any term not exceeding three months;
(b) for a second offence, to a fine of not less than two hundred dollars and not more than one thousand dollars, and in default of payment to imprisonment for any term not less than three months and not more than six months; and
(c) for each subsequent offence, to imprisonment for any term not less than six months and not more than twelve months.
- R.S., c. I-4, s. 5.
Marginal note:Prosecution in place where liquor imported
6 A prosecution for any offence under this Act may be brought and carried on, and a conviction had, in the city, town or place to, from or into which any intoxicating liquor is unlawfully imported, sent, taken or transported or in the place where the accused resides, but no prosecution shall be brought in any province against a person not within or residing in that province without the written approval of the attorney general of that province.
- R.S., c. I-4, s. 6.
Marginal note:Search warrants
7 (1) If it is proved on oath before a recorder, two justices of the peace or a provincial court judge or, in the Province of Quebec, a judge of the Court of Quebec, that there are reasonable grounds to suspect that any intoxicating liquor is in any premises or place and that the intoxicating liquor is or has been dealt with contrary to this Act, that officer may grant a warrant to search the premises or place, including any Government railway, vehicle or steamship, for the intoxicating liquor, and, if the intoxicating liquor or any part thereof is found in the premises or place, to seize and bring it before him.
(2) Where any person is convicted of any offence against this Act, the officer or officers so convicting may adjudge and order, in addition to any other penalty, that the intoxicating liquor in respect of which the offence was committed and that has been seized under a search warrant granted under subsection (1), and all kegs, barrels, cases, boxes, bottles, packages and other receptacles of any kind whatever found containing the intoxicating liquor, be forfeited and destroyed, and the order shall thereupon be carried out by the constable or peace officer who executed the search warrant or by such other person as may be authorized to do so by the officer or officers who have made the conviction.
- R.S., 1985, c. I-3, s. 7;
- R.S., 1985, c. 40 (4th Supp.), s. 2.
Marginal note:Sacramental, medicinal and other purposes exempted
8 Nothing in this Act shall be deemed to forbid the importing, sending, taking or transporting, or causing to be imported, sent, taken or transported, into any province from or out of any place within or outside Canada of intoxicating liquor for sacramental or medicinal purposes or for manufacturing or commercial purposes other than for the manufacture or use thereof as a beverage.
- R.S., c. I-4, s. 8.
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