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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2019-11-19 and last amended on 2019-09-19. Previous Versions

PART VIIIOffences Against the Person and Reputation (continued)

Assaults (continued)

Marginal note:Application for hearing — sections 276 and 278.92

  •  (1) Application may be made to the judge, provincial court judge or justice by or on behalf of the accused for a hearing under section 278.94 to determine whether evidence is admissible under subsection 276(2) or 278.92(2).

  • Marginal note:Form and content of application

    (2) An application referred to in subsection (1) must be made in writing, setting out detailed particulars of the evidence that the accused seeks to adduce and the relevance of that evidence to an issue at trial, and a copy of the application must be given to the prosecutor and to the clerk of the court.

  • Marginal note:Jury and public excluded

    (3) The judge, provincial court judge or justice shall consider the application with the jury and the public excluded.

  • Marginal note:Judge may decide to hold hearing

    (4) If the judge, provincial court judge or justice is satisfied that the application was made in accordance with subsection (2), that a copy of the application was given to the prosecutor and to the clerk of the court at least seven days previously, or any shorter interval that the judge, provincial court judge or justice may allow in the interests of justice and that the evidence sought to be adduced is capable of being admissible under subsection 276(2), the judge, provincial court judge or justice shall grant the application and hold a hearing under section 278.94 to determine whether the evidence is admissible under subsection 276(2) or 278.92(2).

  • 2018, c. 29, s. 25

Marginal note:Hearing — jury and public excluded

  •  (1) The jury and the public shall be excluded from a hearing to determine whether evidence is admissible under subsection 276(2) or 278.92(2).

  • Marginal note:Complainant not compellable

    (2) The complainant is not a compellable witness at the hearing but may appear and make submissions.

  • Marginal note:Right to counsel

    (3) The judge shall, as soon as feasible, inform the complainant who participates in the hearing of their right to be represented by counsel.

  • Marginal note:Judge’s determination and reasons

    (4) At the conclusion of the hearing, the judge, provincial court judge or justice shall determine whether the evidence, or any part of it, is admissible under subsection 276(2) or 278.92(2) and shall provide reasons for that determination, and

    • (a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;

    • (b) the reasons must state the factors referred to in subsection 276(3) or 278.92(3) that affected the determination; and

    • (c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.

  • Marginal note:Record of reasons

    (5) The reasons provided under subsection (4) shall be entered in the record of the proceedings or, if the proceedings are not recorded, shall be provided in writing.

  • 2018, c. 29, s. 25

Marginal note:Publication prohibited

  •  (1) A person shall not publish in any document, or broadcast or transmit in any way, any of the following:

    • (a) the contents of an application made under subsection 278.93;

    • (b) any evidence taken, the information given and the representations made at an application under section 278.93 or at a hearing under section 278.94;

    • (c) the decision of a judge or justice under subsection 278.93(4), unless the judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the decision may be published, broadcast or transmitted; and

    • (d) the determination made and the reasons provided under subsection 278.94(4), unless

      • (i) that determination is that evidence is admissible, or

      • (ii) the judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and reasons may be published, broadcast or transmitted.

  • Marginal note:Offence

    (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.

  • 2018, c. 29, s. 25

Marginal note:Judge to instruct jury — re use of evidence

 If evidence is admitted at trial on the basis of a determination made under subsection 278.94(4), the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence.

  • 2018, c. 29, s. 25

Marginal note:Appeal

 For the purposes of sections 675 and 676, a determination made under subsection 278.94(4) shall be deemed to be a question of law.

  • 2018, c. 29, s. 25

Kidnapping, Trafficking in Persons, Hostage Taking and Abduction

Marginal note:Kidnapping

  •  (1) Every person commits an offence who kidnaps a person with intent

    • (a) to cause the person to be confined or imprisoned against the person’s will;

    • (b) to cause the person to be unlawfully sent or transported out of Canada against the person’s will; or

    • (c) to hold the person for ransom or to service against the person’s will.

  • Marginal note:Punishment

    (1.1) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, five years, and

      • (ii) in the case of a second or subsequent offence, seven years;

    • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years;

    • (a.2) if the person referred to in paragraph (1)(a), (b) or (c) is under 16 years of age, to imprisonment for life and, unless the person who commits the offence is a parent, guardian or person having the lawful care or charge of the person referred to in that paragraph, to a minimum punishment of imprisonment for a term of five years; and

    • (b) in any other case, to imprisonment for life.

  • Marginal note:Subsequent offences

    (1.2) In determining, for the purpose of paragraph (1.1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under subsection (1);

    • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

    • (c) an offence under section 220, 236, 239, 272, 273, 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Factors to consider

    (1.21) In imposing a sentence under paragraph (1.1)(a.2), the court shall take into account the age and vulnerability of the victim.

  • Marginal note:Sequence of convictions only

    (1.3) For the purposes of subsection (1.2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • Marginal note:Forcible confinement

    (2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another 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.

  • (3) [Repealed, 2018, c. 29, s. 26]

  • R.S., 1985, c. C-46, s. 279
  • R.S., 1985, c. 27 (1st Supp.), s. 39
  • 1995, c. 39, s. 147
  • 1997, c. 18, s. 14
  • 2008, c. 6, s. 30
  • 2009, c. 22, s. 12
  • 2013, c. 32, s. 1
  • 2018, c. 29, s. 26
  • 2019, c. 25, s. 103
 
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