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An Act to amend the Criminal Code (mischief relating to war memorials) (S.C. 2014, c. 9)

Assented to 2014-06-19

An Act to amend the Criminal Code (mischief relating to war memorials)

S.C. 2014, c. 9

Assented to 2014-06-19

An Act to amend the Criminal Code (mischief relating to war memorials)

SUMMARY

This enactment amends the Criminal Code to provide for the offence of committing mischief in relation to a war memorial or cenotaph.

R.S., c. C-46

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

 Section 430 of the Criminal Code is amended by adding the following after subsection (4.1):

  • 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.

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