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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2021-11-17 and last amended on 2021-08-27. Previous Versions

PART IVOffences Against the Administration of Law and Justice (continued)

Misleading Justice (continued)

Marginal note:Public mischief

  •  (1) Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by

    • (a) making a false statement that accuses some other person of having committed an offence;

    • (b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;

    • (c) reporting that an offence has been committed when it has not been committed; or

    • (d) reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.

  • Marginal note:Punishment

    (2) Every one who commits public mischief

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 140
  • R.S., 1985, c. 27 (1st Supp.), s. 19

Marginal note:Compounding indictable offence

  •  (1) Every person who asks for or obtains or agrees to receive or obtain any valuable consideration for themselves or any other person by agreeing to compound or conceal an indictable offence is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Exception for diversion agreements

    (2) No offence is committed under subsection (1) where valuable consideration is received or obtained or is to be received or obtained under an agreement for compensation or restitution or personal services that is

    • (a) entered into with the consent of the Attorney General; or

    • (b) made as part of a program, approved by the Attorney General, to divert persons charged with indictable offences from criminal proceedings.

Marginal note:Corruptly taking reward for recovery of goods

 Every person who corruptly accepts any valuable consideration, directly or indirectly, under pretence or on account of helping any person to recover anything obtained by the commission of an indictable offence is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

  • (b) an offence punishable on summary conviction.

 [Repealed, 2018, c. 29, s. 8]

Escapes and Rescues

Marginal note:Prison breach

 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who

  • (a) by force or violence breaks a prison with intent to set at liberty himself or any other person confined therein, or

  • (b) with intent to escape forcibly breaks out of, or makes any breach in, a cell or other place within a prison in which he is confined.

Marginal note:Escape and being at large without excuse

  •  (1) Every person who escapes from lawful custody or who is, before the expiration of a term of imprisonment to which they were sentenced, at large in or outside Canada without lawful excuse, is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Failure to attend court or surrender

    (2) Every person is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction who,

    • (a) is at large on a release order and who fails, without lawful excuse, to attend court in accordance with the release order;

    • (b) having appeared before a court, justice or judge, fails, without lawful excuse, to subsequently attend court as required by the court, justice or judge; or

    • (c) fails to surrender themselves in accordance with an order of the court, justice or judge, as the case may be.

  • Marginal note:Failure to comply with appearance notice or summons

    (3) Every person who is named in an appearance notice that has been confirmed by a justice under section 508 or who is served with a summons and who fails, without lawful excuse, to appear at the time and place stated in the notice or the summons, as the case may be, for the purposes of the Identification of Criminals Act, or to attend court in accordance with the notice or the summons, as the case may be, is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Failure to comply with undertaking

    (4) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or an offence punishable on summary conviction who,

    • (a) is at large on an undertaking and who fails, without lawful excuse, to comply with a condition of that undertaking; or

    • (b) is at large on an undertaking that has been confirmed by a justice under section 508 and who fails, without lawful excuse, to appear at the time and place stated in the undertaking for the purposes of the Identification of Criminals Act or to attend court in accordance with the undertaking.

  • Marginal note:Failure to comply with order

    (5) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years, or is guilty of an offence punishable on summary conviction, who

    • (a) is at large on a release order and who fails, without lawful excuse, to comply with a condition of that release order other than the condition to attend court; or

    • (b) is bound to comply with an order under subsection 515(12), 516(2) or 522(2.1) and who fails, without lawful excuse, to comply with that order.

  • (5.1) [Repealed, 2019, c. 25, s. 47]

  • Marginal note:Not an excuse

    (6) For the purposes of subsections (3) and (4), it is not a lawful excuse that an appearance notice or undertaking states defectively the substance of the alleged offence.

  • (7) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 20]

  • Marginal note:Election of Crown under Contraventions Act

    (8) For the purposes of paragraph (2)(a) and subsections (3) to (5), it is a lawful excuse to fail to attend court in accordance with a summons, appearance notice, undertaking or release order, to comply with a condition of an undertaking or release order or to fail to appear at the time and place stated in a summons, an appearance notice or an undertaking for the purposes of the Identification of Criminals Act if — before the failure — the Attorney General, within the meaning of the Contraventions Act, makes an election under section 50 of that Act.

  • Marginal note:Proof of certain facts by certificate

    (9) In any proceedings under subsections (2) to (4), a certificate of the clerk of the court or a judge of the court before which the accused is alleged to have failed to attend or of the person in charge of the place at which it is alleged the accused failed to attend for the purposes of the Identification of Criminals Act is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate if the certificate states that,

    • (a) in the case of proceedings under subsection (2), the accused failed to attend court as required by the release order or, having attended court, failed to subsequently attend court as required by the court, judge or justice or failed to surrender in accordance with an order of the court, judge or justice, as the case may be;

    • (b) in the case of proceedings under subsection (3), the accused was named in an appearance notice that was confirmed by a justice under section 508 and the accused failed to attend court in accordance with the notice or failed to appear at the time and place stated in the notice for the purposes of the Identification of Criminals Act, as the case may be;

    • (c) in the case of proceedings under subsection (3), a summons was issued to and served on the accused and the accused failed to attend court in accordance with the summons or failed to appear at the time and place stated in the summons for the purposes of the Identification of Criminals Act, as the case may be; and

    • (d) in the case of proceedings under subsection (4), the accused was at large on an undertaking that was confirmed by a justice under section 508, and the accused failed to attend court in accordance with the undertaking or failed to appear at the time and place stated in the undertaking for the purposes of the Identification of Criminals Act, as the case may be.

  • Marginal note:Attendance and right to cross-examination

    (10) An accused against whom a certificate described in subsection (9) is produced may, with leave of the court, require the attendance of the person making the certificate for the purposes of cross-examination.

  • Marginal note:Notice of intention to produce

    (11) No certificate shall be received in evidence pursuant to subsection (9) unless the party intending to produce it has, before the trial, given to the accused reasonable notice of his intention together with a copy of the certificate.

  • R.S., 1985, c. C-46, s. 145
  • R.S., 1985, c. 27 (1st Supp.), s. 20
  • 1992, c. 47, s. 68
  • 1994, c. 44, s. 8
  • 1996, c. 7, s. 38
  • 1997, c. 18, s. 3
  • 2008, c. 18, s. 3
  • 2018, c. 29, s. 9
  • 2019, c. 25, s. 47

Marginal note:Permitting or assisting escape

 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

  • (a) permits a person whom he has in lawful custody to escape, by failing to perform a legal duty,

  • (b) conveys or causes to be conveyed into a prison anything, with intent to facilitate the escape of a person imprisoned therein, or

  • (c) directs or procures, under colour of pretended authority, the discharge of a prisoner who is not entitled to be discharged.

Marginal note:Rescue or permitting escape

 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

  • (a) rescues any person from lawful custody or assists any person in escaping or attempting to escape from lawful custody,

  • (b) being a peace officer, wilfully permits a person in his lawful custody to escape, or

  • (c) being an officer of or an employee in a prison, wilfully permits a person to escape from lawful custody therein.

Marginal note:Assisting prisoner of war to escape

 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who knowingly

  • (a) assists a prisoner of war in Canada to escape from a place where he is detained, or

  • (b) assists a prisoner of war, who is permitted to be at large on parole in Canada, to escape from the place where he is at large on parole.

Marginal note:Service of term for escape

  •  (1) Notwithstanding section 743.1, a court that convicts a person for an escape committed while undergoing imprisonment may order that the term of imprisonment be served in a penitentiary, even if the time to be served is less than two years.

  • Definition of escape

    (2) In this section, escape means breaking prison, escaping from lawful custody or, without lawful excuse, being at large before the expiration of a term of imprisonment to which a person has been sentenced.

  • R.S., 1985, c. C-46, s. 149
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1992, c. 20, s. 199
  • 1995, c. 22, s. 1

PART VSexual Offences, Public Morals and Disorderly Conduct

Interpretation

Marginal note:Definitions

 In this Part,

guardian

guardian includes any person who has in law or in fact the custody or control of another person; (tuteur)

public place

public place includes any place to which the public have access as of right or by invitation, express or implied; (endroit public)

theatre

theatre includes any place that is open to the public where entertainments are given, whether or not any charge is made for admission. (théâtre)

  • R.S., c. C-34, s. 138

Sexual Offences

Marginal note:Consent no defence

  •  (1) Subject to subsections (2) to (2.2), when an accused is charged with an offence under section 151 or 152 or subsection 153(1), 160(3) or 173(2) or is charged with an offence under section 271, 272 or 273 in respect of a complainant under the age of 16 years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge.

  • Marginal note:Exception — complainant aged 12 or 13

    (2) When an accused is charged with an offence under section 151 or 152, subsection 173(2) or section 271 in respect of a complainant who is 12 years of age or more but under the age of 14 years, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if the accused

    • (a) is less than two years older than the complainant; and

    • (b) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant.

  • Marginal note:Exception — complainant aged 14 or 15

    (2.1) If an accused is charged with an offence under section 151 or 152, subsection 173(2) or section 271 in respect of a complainant who is 14 years of age or more but under the age of 16 years, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if the accused

    • (a) is less than five years older than the complainant; and

    • (b) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant.

  • Marginal note:Exception for transitional purposes

    (2.2) When the accused referred to in subsection (2.1) is five or more years older than the complainant, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if, on the day on which this subsection comes into force,

    • (a) the accused is the common-law partner of the complainant, or has been cohabiting with the complainant in a conjugal relationship for a period of less than one year and they have had or are expecting to have a child as a result of the relationship; and

    • (b) the accused is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant.

  • Marginal note:Exception for transitional purposes

    (2.3) If, immediately before the day on which this subsection comes into force, the accused referred to in subsection (2.1) is married to the complainant, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge.

  • Marginal note:Exemption for accused aged twelve or thirteen

    (3) No person aged twelve or thirteen years shall be tried for an offence under section 151 or 152 or subsection 173(2) unless the person is in a position of trust or authority towards the complainant, is a person with whom the complainant is in a relationship of dependency or is in a relationship with the complainant that is exploitative of the complainant.

  • Marginal note:Mistake of age

    (4) It is not a defence to a charge under section 151 or 152, subsection 160(3) or 173(2), or section 271, 272 or 273 that the accused believed that the complainant was 16 years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.

  • Marginal note:Idem

    (5) It is not a defence to a charge under section 153, 170, 171 or 172 or subsection 286.1(2), 286.2(2) or 286.3(2) that the accused believed that the complainant was 18 years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.

  • Marginal note:Mistake of age

    (6) An accused cannot raise a mistaken belief in the age of the complainant in order to invoke a defence under subsection (2) or (2.1) unless the accused took all reasonable steps to ascertain the age of the complainant.

  • R.S., 1985, c. 19 (3rd Supp.), s. 1
  • 2005, c. 32, s. 2
  • 2008, c. 6, ss. 13, 54
  • 2014, c. 25, s. 4
  • 2015, c. 29, s. 6
  • 2019, c. 25, s. 51
 
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