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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

PART VIIIOffences Against the Person and Reputation (continued)

Assaults (continued)

Marginal note:Assault

 Every one who commits an assault is guilty of

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

  • (b) an offence punishable on summary conviction.

  • R.S., c. C-34, s. 245
  • 1972, c. 13, s. 21
  • 1974-75-76, c. 93, s. 22
  • 1980-81-82-83, c. 125, s. 19

Marginal note:Assault with a weapon or causing bodily harm

 Every one who, in committing an assault,

  • (a) carries, uses or threatens to use a weapon or an imitation thereof, or

  • (b) causes bodily harm to the complainant,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • R.S., 1985, c. C-46, s. 267
  • 1994, c. 44, s. 17

Marginal note:Aggravated assault

  •  (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

  • Marginal note:Punishment

    (2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Excision

    (3) For greater certainty, in this section, “wounds” or “maims” includes to excise, infibulate or mutilate, in whole or in part, the labia majora, labia minora or clitoris of a person, except where

    • (a) a surgical procedure is performed, by a person duly qualified by provincial law to practise medicine, for the benefit of the physical health of the person or for the purpose of that person having normal reproductive functions or normal sexual appearance or function; or

    • (b) the person is at least eighteen years of age and there is no resulting bodily harm.

  • Marginal note:Consent

    (4) For the purposes of this section and section 265, no consent to the excision, infibulation or mutilation, in whole or in part, of the labia majora, labia minora or clitoris of a person is valid, except in the cases described in paragraphs (3)(a) and (b).

  • R.S., 1985, c. C-46, s. 268
  • 1997, c. 16, s. 5

Marginal note:Unlawfully causing bodily harm

 Every one who unlawfully causes bodily harm to any person is guilty of

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

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

  • R.S., 1985, c. C-46, s. 269
  • 1994, c. 44, s. 18

Marginal note:Aggravating circumstance — assault against a public transit operator

  •  (1) When a court imposes a sentence for an offence referred to in paragraph 264.1(1)(a) or any of sections 266 to 269, it shall consider as an aggravating circumstance the fact that the victim of the offence was, at the time of the commission of the offence, a public transit operator engaged in the performance of his or her duty.

  • Marginal note:Definitions

    (2) The following definitions apply in this section.

    public transit operator

    public transit operator means an individual who operates a vehicle used in the provision of passenger transportation services to the public, and includes an individual who operates a school bus. (conducteur de véhicule de transport en commun)

    vehicle

    vehicle includes a bus, paratransit vehicle, licensed taxi cab, train, subway, tram and ferry. (véhicule)

  • 2015, c. 1, s. 1

Marginal note:Torture

  •  (1) Every official, or every person acting at the instigation of or with the consent or acquiescence of an official, who inflicts torture on any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Definitions

    (2) For the purposes of this section,

    official

    official means

    • (a) a peace officer,

    • (b) a public officer,

    • (c) a member of the Canadian Forces, or

    • (d) any person who may exercise powers, pursuant to a law in force in a foreign state, that would, in Canada, be exercised by a person referred to in paragraph (a), (b), or (c),

    whether the person exercises powers in Canada or outside Canada; (fonctionnaire)

    torture

    torture means any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person

    • (a) for a purpose including

      • (i) obtaining from the person or from a third person information or a statement,

      • (ii) punishing the person for an act that the person or a third person has committed or is suspected of having committed, and

      • (iii) intimidating or coercing the person or a third person, or

    • (b) for any reason based on discrimination of any kind,

    but does not include any act or omission arising only from, inherent in or incidental to lawful sanctions. (torture)

  • Marginal note:No defence

    (3) It is no defence to a charge under this section that the accused was ordered by a superior or a public authority to perform the act or omission that forms the subject-matter of the charge or that the act or omission is alleged to have been justified by exceptional circumstances, including a state of war, a threat of war, internal political instability or any other public emergency.

  • Marginal note:Evidence

    (4) In any proceedings over which Parliament has jurisdiction, any statement obtained as a result of the commission of an offence under this section is inadmissible in evidence, except as evidence that the statement was so obtained.

  • R.S., 1985, c. 10 (3rd Supp.), s. 2

Marginal note:Assaulting a peace officer

  •  (1) Every one commits an offence who

    • (a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;

    • (b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or

    • (c) assaults a person

      • (i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or

      • (ii) with intent to rescue anything taken under lawful process, distress or seizure.

  • Marginal note:Punishment

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

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

    • (b) an offence punishable on summary conviction.

  • R.S., c. C-34, s. 246
  • 1972, c. 13, s. 22
  • 1980-81-82-83, c. 125, s. 19

Marginal note:Assaulting peace officer with weapon or causing bodily harm

  •  (1) Everyone commits an offence who, in committing an assault referred to in section 270,

    • (a) carries, uses or threatens to use a weapon or an imitation of one; or

    • (b) causes bodily harm to the complainant.

  • Marginal note:Punishment

    (2) Everyone who commits an offence under subsection (1) is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months.

  • 2009, c. 22, s. 9
 
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