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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2021-12-23 and last amended on 2021-08-27. Previous Versions

PART IIOffences Against Public Order (continued)

Prohibited Acts

 [Repealed, 2018, c. 29, s. 1]

Marginal note:Assisting alien enemy to leave Canada, or omitting to prevent treason

  •  (1) Every one commits an offence who

    • (a) incites or wilfully assists a subject of

      • (i) a state that is at war with Canada, or

      • (ii) a state against whose forces Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the state whose forces they are,

      to leave Canada without the consent of the Crown, unless the accused establishes that assistance to the state referred to in subparagraph (i) or the forces of the state referred to in subparagraph (ii), as the case may be, was not intended thereby; or

    • (b) knowing that a person is about to commit high treason or treason does not, with all reasonable dispatch, inform a justice of the peace or other peace officer thereof or make other reasonable efforts to prevent that person from committing high treason or treason.

  • Marginal note:Punishment

    (2) Every one who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 50
  • 1974-75-76, c. 105, s. 29

Marginal note:Intimidating Parliament or legislature

 Every one who does an act of violence in order to intimidate Parliament or the legislature of a province is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 51

Marginal note:Sabotage

  •  (1) 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 does a prohibited act for a purpose prejudicial to

    • (a) the safety, security or defence of Canada, or

    • (b) the safety or security of the naval, army or air forces of any state other than Canada that are lawfully present in Canada.

  • Definition of prohibited act

    (2) In this section, prohibited act means an act or omission that

    • (a) impairs the efficiency or impedes the working of any vessel, vehicle, aircraft, machinery, apparatus or other thing; or

    • (b) causes property, by whomever it may be owned, to be lost, damaged or destroyed.

  • Marginal note:Saving

    (3) No person does a prohibited act within the meaning of this section by reason only that

    • (a) he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;

    • (b) he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or

    • (c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.

  • Marginal note:Idem

    (4) No person does a prohibited act within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.

Marginal note:Inciting to mutiny

 Every one who

  • (a) attempts, for a traitorous or mutinous purpose, to seduce a member of the Canadian Forces from his duty and allegiance to Her Majesty, or

  • (b) attempts to incite or to induce a member of the Canadian Forces to commit a traitorous or mutinous act,

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

  • R.S., c. C-34, s. 53

Marginal note:Assisting deserter

 Every one who aids, assists, harbours or conceals a person who he knows is a deserter or absentee without leave from the Canadian Forces is guilty of an offence punishable on summary conviction, but no proceedings shall be instituted under this section without the consent of the Attorney General of Canada.

  • R.S., c. C-34, s. 54

Marginal note:Evidence of overt acts

 In proceedings for an offence against any provision in section 47 or sections 50 to 53, evidence of an overt act is not admissible unless that overt act is set out in the indictment or unless the evidence is otherwise relevant as tending to prove an overt act that is set out in the indictment.

  • R.S., 1985, c. C-46, s. 55
  • 2018, c. 29, s. 2

Marginal note:Offences in relation to members of R.C.M.P.

 Every one who wilfully

  • (a) persuades or counsels a member of the Royal Canadian Mounted Police to desert or absent himself without leave,

  • (b) aids, assists, harbours or conceals a member of the Royal Canadian Mounted Police who he knows is a deserter or absentee without leave, or

  • (c) aids or assists a member of the Royal Canadian Mounted Police to desert or absent himself without leave, knowing that the member is about to desert or absent himself without leave,

is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 56
  • R.S., 1985, c. 27 (1st Supp.), s. 8

Official Documents

Marginal note:Identity documents

  •  (1) Every person commits an offence who, without lawful excuse, procures to be made, possesses, transfers, sells or offers for sale an identity document that relates or purports to relate, in whole or in part, to another person.

  • Marginal note:For greater certainty

    (2) For greater certainty, subsection (1) does not prohibit an act that is carried out

    • (a) in good faith, in the ordinary course of the person’s business or employment or in the exercise of the duties of their office;

    • (b) for genealogical purposes;

    • (c) with the consent of the person to whom the identity document relates or of a person authorized to consent on behalf of the person to whom the document relates, or of the entity that issued the identity document; or

    • (d) for a legitimate purpose related to the administration of justice.

  • Definition of identity document

    (3) For the purposes of this section, identity document means a Social Insurance Number card, a driver’s licence, a health insurance card, a birth certificate, a death certificate, a passport as defined in subsection 57(5), a document that simplifies the process of entry into Canada, a certificate of citizenship, a document indicating immigration status in Canada, a certificate of Indian status or an employee identity card that bears the employee’s photograph and signature, or any similar document, issued or purported to be issued by a department or agency of the federal government or of a provincial or foreign government.

  • Marginal note:Punishment

    (4) Every person who commits an offence under subsection (1)

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

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

  • 2009, c. 28, s. 1

Marginal note:Forgery of or uttering forged passport

  •  (1) Every one who, while in or out of Canada,

    • (a) forges a passport, or

    • (b) knowing that a passport is forged

      • (i) uses, deals with or acts on it, or

      • (ii) causes or attempts to cause any person to use, deal with or act on it, as if the passport were genuine,

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

  • Marginal note:False statement in relation to passport

    (2) Every one who, while in or out of Canada, for the purpose of procuring a passport for himself or any other person or for the purpose of procuring any material alteration or addition to any such passport, makes a written or an oral statement that he knows is false or misleading

    • (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:Possession of forged, etc., passport

    (3) Every person who, without lawful excuse, has in their possession a forged passport or a passport in respect of which an offence under subsection (2) has been committed 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.

  • Marginal note:Special provisions applicable

    (4) For the purposes of proceedings under this section,

    • (a) the place where a passport was forged is not material; and

    • (b) the definition false document in section 321, and section 366, apply with such modifications as the circumstances require.

  • Marginal note:Definition of passport

    (5) In this section, passport has the same meaning as in section 2 of the Canadian Passport Order.

  • Marginal note:Jurisdiction

    (6) Where a person is alleged to have committed, while out of Canada, an offence under this section, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.

  • Marginal note:Appearance of accused at trial

    (7) For greater certainty, the provisions of this Act relating to

    • (a) requirements that an accused appear at and be present during proceedings, and

    • (b) the exceptions to those requirements,

    apply to proceedings commenced in any territorial division pursuant to subsection (6).

  • R.S., 1985, c. C-46, s. 57
  • R.S., 1985, c. 27 (1st Supp.), s. 9
  • 1992, c. 1, s. 60(F)
  • 1994, c. 44, s. 4
  • 1995, c. 5, s. 25
  • 2013, c. 40, s. 174
  • 2018, c. 29, s. 3
  • 2019, c. 25, s. 7

Marginal note:Fraudulent use of certificate of citizenship

  •  (1) 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, while in or outside Canada,

    • (a) uses a certificate of citizenship or a certificate of naturalization for a fraudulent purpose, or

    • (b) being a person to whom a certificate of citizenship or a certificate of naturalization has been granted, knowingly parts with the possession of that certificate with intent that it should be used for a fraudulent purpose.

  • Definition of certificate of citizenship and certificate of naturalization

    (2) In this section, certificate of citizenship and certificate of naturalization, respectively, mean a certificate of citizenship and a certificate of naturalization as defined by the Citizenship Act.

Sedition

Marginal note:Seditious words

  •  (1) Seditious words are words that express a seditious intention.

  • Marginal note:Seditious libel

    (2) A seditious libel is a libel that expresses a seditious intention.

  • Marginal note:Seditious conspiracy

    (3) A seditious conspiracy is an agreement between two or more persons to carry out a seditious intention.

  • Marginal note:Seditious intention

    (4) Without limiting the generality of the meaning of the expression seditious intention, every one shall be presumed to have a seditious intention who

    • (a) teaches or advocates, or

    • (b) publishes or circulates any writing that advocates,

    the use, without the authority of law, of force as a means of accomplishing a governmental change within Canada.

  • R.S., c. C-34, s. 60

Marginal note:Exception

 Notwithstanding subsection 59(4), no person shall be deemed to have a seditious intention by reason only that he intends, in good faith,

  • (a) to show that Her Majesty has been misled or mistaken in her measures;

  • (b) to point out errors or defects in

    • (i) the government or constitution of Canada or a province,

    • (ii) Parliament or the legislature of a province, or

    • (iii) the administration of justice in Canada;

  • (c) to procure, by lawful means, the alteration of any matter of government in Canada; or

  • (d) to point out, for the purpose of removal, matters that produce or tend to produce feelings of hostility and ill-will between different classes of persons in Canada.

  • R.S., c. C-34, s. 61

Marginal note:Punishment of seditious offences

 Every one who

  • (a) speaks seditious words,

  • (b) publishes a seditious libel, or

  • (c) is a party to a seditious conspiracy,

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

  • R.S., c. C-34, s. 62

Marginal note:Offences in relation to military forces

  •  (1) 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 intentionally

    • (a) interferes with, impairs or influences the loyalty or discipline of a member of a force,

    • (b) publishes, edits, issues, circulates or distributes a writing that advises, counsels or urges insubordination, disloyalty, mutiny or refusal of duty by a member of a force, or

    • (c) advises, counsels, urges or in any manner causes insubordination, disloyalty, mutiny or refusal of duty by a member of a force.

  • Definition of member of a force

    (2) In this section, member of a force means a member of

    • (a) the Canadian Forces; or

    • (b) the naval, army or air forces of a state other than Canada that are lawfully present in Canada.

 
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