Criminal Code (R.S.C., 1985, c. C-46)

256 [Repealed, 2018, c. 21, s. 14]

257 [Repealed, 2018, c. 21, s. 14]

258 [Repealed, 2018, c. 21, s. 14]

258.1 [Repealed, 2018, c. 21, s. 14]

259 [Repealed, 2018, c. 21, s. 14]

260 [Repealed, 2018, c. 21, s. 14]

261 [Repealed, 2018, c. 21, s. 14]

Marginal note:Impeding attempt to save life

262 Every one who

• (a) prevents or impedes or attempts to prevent or impede any person who is attempting to save his own life, or

• (b) without reasonable cause prevents or impedes or attempts to prevent or impede any person who is attempting to save the life of another person,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Marginal note:Duty to safeguard opening in ice

• 263 (1) Every one who makes or causes to be made an opening in ice that is open to or frequented by the public is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the opening exists.

• Marginal note:Excavation on land

  (2) Every one who leaves an excavation on land that he owns or of which he has charge or supervision is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the excavation exists.

• Marginal note:Offences

  (3) Every one who fails to perform a duty imposed by subsection (1) or (2) is guilty of

  • (a) manslaughter, if the death of any person results therefrom;

  • (b) an offence under section 269, if bodily harm to any person results therefrom; or

  • (c) an offence punishable on summary conviction.

Marginal note:Criminal harassment

• 264 (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.

• Marginal note:Prohibited conduct

  (2) The conduct mentioned in subsection (1) consists of

  • (a) repeatedly following from place to place the other person or anyone known to them;

  • (b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;

  • (c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or

  • (d) engaging in threatening conduct directed at the other person or any member of their family.

• Marginal note:Punishment

  (3) Every person who contravenes this section is guilty of

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

  • (b) an offence punishable on summary conviction.

• Marginal note:Factors to be considered

  (4) Where a person is convicted of an offence under this section, the court imposing the sentence on the person shall consider as an aggravating factor that, at the time the offence was committed, the person contravened

  • (a) the terms or conditions of an order made pursuant to section 161 or a recognizance entered into pursuant to section 810, 810.1 or 810.2; or

  • (b) the terms or conditions of any other order or recognizance made or entered into under the common law or a provision of this or any other Act of Parliament or of a province that is similar in effect to an order or recognizance referred to in paragraph (a).

• Marginal note:Reasons

  (5) Where the court is satisfied of the existence of an aggravating factor referred to in subsection (4), but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision.

Assaults

Marginal note:Uttering threats

• 264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat

  • (a) to cause death or bodily harm to any person;

  • (b) to burn, destroy or damage real or personal property; or

  • (c) to kill, poison or injure an animal or bird that is the property of any person.

• Marginal note:Punishment

  (2) Every one who commits an offence under paragraph (1)(a) is guilty of

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

  • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

• Marginal note:Idem

  (3) Every one who commits an offence under paragraph (1)(b) or (c)

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

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

Marginal note:Assault

• 265 (1) A person commits an assault when

  • (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

  • (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

  • (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

• Marginal note:Application

  (2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.

• Marginal note:Consent

  (3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of

  • (a) the application of force to the complainant or to a person other than the complainant;

  • (b) threats or fear of the application of force to the complainant or to a person other than the complainant;

  • (c) fraud; or

  • (d) the exercise of authority.

• Marginal note:Accused’s belief as to consent

  (4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused’s belief, to consider the presence or absence of reasonable grounds for that belief.