Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-09-01 and last amended on 2014-07-11. Previous Versions

Marginal note:Civil remedy not suspended

 No civil remedy for an act or omission is suspended or affected by reason that the act or omission is a criminal offence.

  • R.S., c. C-34, s. 10.
Marginal note:Offence punishable under more than one Act

 Where an act or omission is an offence under more than one Act of Parliament, whether punishable by indictment or on summary conviction, a person who does the act or makes the omission is, unless a contrary intention appears, subject to proceedings under any of those Acts, but is not liable to be punished more than once for the same offence.

  • R.S., c. C-34, s. 11.
Marginal note:Child under twelve

 No person shall be convicted of an offence in respect of an act or omission on his part while that person was under the age of twelve years.

  • R.S., c. C-34, s. 12;
  • 1980-81-82-83, c. 110, s. 72.
Marginal note:Consent to death

 No person is entitled to consent to have death inflicted on him, and such consent does not affect the criminal responsibility of any person by whom death may be inflicted on the person by whom consent is given.

  • R.S., c. C-34, s. 14.
Marginal note:Obedience to de facto law

 No person shall be convicted of an offence in respect of an act or omission in obedience to the laws for the time being made and enforced by persons in de facto possession of the sovereign power in and over the place where the act or omission occurs.

  • R.S., c. C-34, s. 15.
Marginal note:Defence of mental disorder
  •  (1) No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong.

  • Marginal note:Presumption

    (2) Every person is presumed not to suffer from a mental disorder so as to be exempt from criminal responsibility by virtue of subsection (1), until the contrary is proved on the balance of probabilities.

  • Marginal note:Burden of proof

    (3) The burden of proof that an accused was suffering from a mental disorder so as to be exempt from criminal responsibility is on the party that raises the issue.

  • R.S., 1985, c. C-46, s. 16;
  • R.S., 1985, c. 27 (1st Supp.), s. 185(F);
  • 1991, c. 43, s. 2.
Marginal note:Compulsion by threats

 A person who commits an offence under compulsion by threats of immediate death or bodily harm from a person who is present when the offence is committed is excused for committing the offence if the person believes that the threats will be carried out and if the person is not a party to a conspiracy or association whereby the person is subject to compulsion, but this section does not apply where the offence that is committed is high treason or treason, murder, piracy, attempted murder, sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, aggravated sexual assault, forcible abduction, hostage taking, robbery, assault with a weapon or causing bodily harm, aggravated assault, unlawfully causing bodily harm, arson or an offence under sections 280 to 283 (abduction and detention of young persons).

  • R.S., 1985, c. C-46, s. 17;
  • R.S., 1985, c. 27 (1st Supp.), s. 40.