Part I (continued)
Marginal note:Application to territories
Marginal note:Application of criminal law of England
(2) The criminal law of England that was in force in a province immediately before April 1, 1955 continues in force in the province except as altered, varied, modified or affected by this Act or any other Act of the Parliament of Canada.
Marginal note:Common law principles continued
(3) Every rule and principle of the common law that renders any circumstance a justification or excuse for an act or a defence to a charge continues in force and applies in respect of proceedings for an offence under this Act or any other Act of Parliament except in so far as they are altered by or are inconsistent with this Act or any other Act of Parliament.
- R.S., 1985, c. C-46, s. 8;
- 1993, c. 28, s. 78;
- 2002, c. 7, s. 138.
Marginal note:Criminal offences to be under law of Canada
9 Notwithstanding anything in this Act or any other Act, no person shall be convicted or discharged under section 730
(a) of an offence at common law,
(b) of an offence under an Act of the Parliament of England, or of Great Britain, or of the United Kingdom of Great Britain and Ireland, or
(c) of an offence under an Act or ordinance in force in any province, territory or place before that province, territory or place became a province of Canada,
but nothing in this section affects the power, jurisdiction or authority that a court, judge, justice or provincial court judge had, immediately before April 1, 1955, to impose punishment for contempt of court.
- R.S., 1985, c. C-46, s. 9;
- R.S., 1985, c. 27 (1st Supp.), s. 6, c. 1 (4th Supp.), s. 18(F);
- 1995, c. 22, s. 10.
10 (1) Where a court, judge, justice or provincial court judge summarily convicts a person for a contempt of court committed in the face of the court and imposes punishment in respect thereof, that person may appeal
(2) Where a court or judge summarily convicts a person for a contempt of court not committed in the face of the court and punishment is imposed in respect thereof, that person may appeal
Marginal note:Part XXI applies
(3) An appeal under this section lies to the court of appeal of the province in which the proceedings take place, and, for the purposes of this section, the provisions of Part XXI apply, with such modifications as the circumstances require.
- R.S., 1985, c. C-46, s. 10;
- R.S., 1985, c. 27 (1st Supp.), s. 203.
Marginal note:Civil remedy not suspended
11 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
12 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
13 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
14 No person is entitled to consent to have death inflicted on them, and such consent does not affect the criminal responsibility of any person who inflicts death on the person who gave consent.
- R.S., 1985, c. C-46, s. 14;
- 2016, c. 3, s. 1.
Marginal note:Obedience to de facto law
15 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
16 (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.
(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
17 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.
Marginal note:Compulsion of spouse
18 No presumption arises that a married person who commits an offence does so under compulsion by reason only that the offence is committed in the presence of the spouse of that married person.
- R.S., c. C-34, s. 18;
- 1980-81-82-83, c. 125, s. 4.
Marginal note:Ignorance of the law
19 Ignorance of the law by a person who commits an offence is not an excuse for committing that offence.
- R.S., c. C-34, s. 19.
Marginal note:Certain acts on holidays valid
20 A warrant or summons that is authorized by this Act or an appearance notice, promise to appear, undertaking or recognizance issued, given or entered into in accordance with Part XVI, XXI or XXVII may be issued, executed, given or entered into, as the case may be, on a holiday.
- R.S., c. C-34, s. 20;
- R.S., c. 2(2nd Supp.), s. 2.
Parties to Offences
Marginal note:Parties to offence
Marginal note:Common intention
(2) Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to that offence.
- R.S., c. C-34, s. 21.
Marginal note:Person counselling offence
22 (1) Where a person counsels another person to be a party to an offence and that other person is afterwards a party to that offence, the person who counselled is a party to that offence, notwithstanding that the offence was committed in a way different from that which was counselled.
(2) Every one who counsels another person to be a party to an offence is a party to every offence that the other commits in consequence of the counselling that the person who counselled knew or ought to have known was likely to be committed in consequence of the counselling.
Definition of counsel
(3) For the purposes of this Act, counsel includes procure, solicit or incite.
- R.S., 1985, c. C-46, s. 22;
- R.S., 1985, c. 27 (1st Supp.), s. 7.
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