Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-01-25 and last amended on 2015-07-23. Previous Versions

Marginal note:Public officer to file report

 Every public officer who commits an act or omission — or directs the commission by another person of an act or omission — under paragraph 25.1(9)(a) or (b) shall, as soon as is feasible after the commission of the act or omission, file a written report with the appropriate senior official describing the act or omission.

  • 2001, c. 32, s. 2.
Marginal note:Annual report
  •  (1) Every competent authority shall publish or otherwise make available to the public an annual report for the previous year that includes, in respect of public officers and senior officials designated by the competent authority,

    • (a) the number of designations made under subsection 25.1(6) by the senior officials;

    • (b) the number of authorizations made under paragraph 25.1(9)(a) by the senior officials;

    • (c) the number of times that acts and omissions were committed in accordance with paragraph 25.1(9)(b) by the public officers;

    • (d) the nature of the conduct being investigated when the designations referred to in paragraph (a) or the authorizations referred to in paragraph (b) were made or when the acts or omissions referred to in paragraph (c) were committed; and

    • (e) the nature of the acts or omissions committed under the designations referred to in paragraph (a), under the authorizations referred to in paragraph (b) and in the manner described in paragraph (c).

  • Marginal note:Limitation

    (2) The annual report shall not contain any information the disclosure of which would

    • (a) compromise or hinder an ongoing investigation of an offence under an Act of Parliament;

    • (b) compromise the identity of a public officer acting in an undercover capacity, of a confidential informant or of a person acting covertly under the direction and control of a public officer;

    • (c) endanger the life or safety of any person;

    • (d) prejudice a legal proceeding; or

    • (e) otherwise be contrary to the public interest.

  • 2001, c. 32, s. 2.
Marginal note:Written notification to be given
  •  (1) When a public officer commits an act or omission — or directs the commission by another person of an act or omission — under paragraph 25.1(9)(a) or (b), the senior official with whom the public officer files a written report under section 25.2 shall, as soon as is feasible after the report is filed, and no later than one year after the commission of the act or omission, notify in writing any person whose property was lost or seriously damaged as a result of the act or omission.

  • Marginal note:Limitation

    (2) The competent authority may authorize the senior official not to notify the person under subsection (1) until the competent authority is of the opinion that notification would not

    • (a) compromise or hinder an ongoing investigation of an offence under an Act of Parliament;

    • (b) compromise the identity of a public officer acting in an undercover capacity, of a confidential informant or of a person acting covertly under the direction and control of a public officer;

    • (c) endanger the life or safety of any person;

    • (d) prejudice a legal proceeding; or

    • (e) otherwise be contrary to the public interest.

  • 2001, c. 32, s. 2.
Marginal note:Excessive force

 Every one who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess.

  • R.S., c. C-34, s. 26.
Marginal note:Use of force to prevent commission of offence

 Every one is justified in using as much force as is reasonably necessary

  • (a) to prevent the commission of an offence

    • (i) for which, if it were committed, the person who committed it might be arrested without warrant, and

    • (ii) that would be likely to cause immediate and serious injury to the person or property of anyone; or

  • (b) to prevent anything being done that, on reasonable grounds, he believes would, if it were done, be an offence mentioned in paragraph (a).

  • R.S., c. C-34, s. 27.
Marginal note:Use of force on board an aircraft
  •  (1) Every person on an aircraft in flight is justified in using as much force as is reasonably necessary to prevent the commission of an offence against this Act or another Act of Parliament that the person believes on reasonable grounds, if it were committed, would be likely to cause immediate and serious injury to the aircraft or to any person or property therein.

  • Marginal note:Application of this section

    (2) This section applies in respect of any aircraft in flight in Canadian airspace and in respect of any aircraft registered in Canada in accordance with the regulations made under the Aeronautics Act in flight outside Canadian airspace.

  • 2004, c. 12, s. 2.
Marginal note:Arrest of wrong person
  •  (1) Where a person who is authorized to execute a warrant to arrest believes, in good faith and on reasonable grounds, that the person whom he arrests is the person named in the warrant, he is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant.

  • Marginal note:Person assisting

    (2) Where a person is authorized to execute a warrant to arrest,

    • (a) every one who, being called on to assist him, believes that the person in whose arrest he is called on to assist is the person named in the warrant, and

    • (b) every keeper of a prison who is required to receive and detain a person who he believes has been arrested under the warrant,

    is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant.

  • R.S., c. C-34, s. 28.
Marginal note:Duty of person arresting
  •  (1) It is the duty of every one who executes a process or warrant to have it with him, where it is feasible to do so, and to produce it when requested to do so.

  • Marginal note:Notice

    (2) It is the duty of every one who arrests a person, whether with or without a warrant, to give notice to that person, where it is feasible to do so, of

    • (a) the process or warrant under which he makes the arrest; or

    • (b) the reason for the arrest.

  • Marginal note:Failure to comply

    (3) Failure to comply with subsection (1) or (2) does not of itself deprive a person who executes a process or warrant, or a person who makes an arrest, or those who assist them, of protection from criminal responsibility.

  • R.S., c. C-34, s. 29.
Marginal note:Preventing breach of peace

 Every one who witnesses a breach of the peace is justified in interfering to prevent the continuance or renewal thereof and may detain any person who commits or is about to join in or to renew the breach of the peace, for the purpose of giving him into the custody of a peace officer, if he uses no more force than is reasonably necessary to prevent the continuance or renewal of the breach of the peace or than is reasonably proportioned to the danger to be apprehended from the continuance or renewal of the breach of the peace.

  • R.S., c. C-34, s. 30.
Marginal note:Arrest for breach of peace
  •  (1) Every peace officer who witnesses a breach of the peace and every one who lawfully assists the peace officer is justified in arresting any person whom he finds committing the breach of the peace or who, on reasonable grounds, he believes is about to join in or renew the breach of the peace.

  • Marginal note:Giving person in charge

    (2) Every peace officer is justified in receiving into custody any person who is given into his charge as having been a party to a breach of the peace by one who has, or who on reasonable grounds the peace officer believes has, witnessed the breach of the peace.

  • R.S., c. C-34, s. 31.
 
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