Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Procuring

• 286.3 (1) Everyone who procures a person to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.1(1), recruits, holds, conceals or harbours a person who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

• Marginal note:Procuring — person under 18 years

  (2) Everyone who procures a person under the age of 18 years to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.1(2), recruits, holds, conceals or harbours a person under the age of 18 who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of five years.

Marginal note:Advertising sexual services

286.4 Everyone who knowingly advertises an offer to provide sexual services for consideration 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 and liable to imprisonment for a term of not more than 18 months.

Marginal note:Immunity — material benefit and advertising

• 286.5 (1) No person shall be prosecuted for

  • (a) an offence under section 286.2 if the benefit is derived from the provision of their own sexual services; or

  • (b) an offence under section 286.4 in relation to the advertisement of their own sexual services.

• Marginal note:Immunity — aiding, abetting, etc.

  (2) No person shall be prosecuted for aiding, abetting, conspiring or attempting to commit an offence under any of sections 286.1 to 286.4 or being an accessory after the fact or counselling a person to be a party to such an offence, if the offence relates to the offering or provision of their own sexual services.

Abortion

Marginal note:Procuring miscarriage

• 287 (1) Every one who, with intent to procure the miscarriage of a female person, whether or not she is pregnant, uses any means for the purpose of carrying out his intention is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Woman procuring her own miscarriage

  (2) Every female person who, being pregnant, with intent to procure her own miscarriage, uses any means or permits any means to be used for the purpose of carrying out her intention is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

• Definition of means

  (3) In this section, means includes

  • (a) the administration of a drug or other noxious thing;

  • (b) the use of an instrument; and

  • (c) manipulation of any kind.

• Marginal note:Exceptions

  (4) Subsections (1) and (2) do not apply to

  • (a) a qualified medical practitioner, other than a member of a therapeutic abortion committee for any hospital, who in good faith uses in an accredited or approved hospital any means for the purpose of carrying out his intention to procure the miscarriage of a female person, or

  • (b) a female person who, being pregnant, permits a qualified medical practitioner to use in an accredited or approved hospital any means for the purpose of carrying out her intention to procure her own miscarriage,

  if, before the use of those means, the therapeutic abortion committee for that accredited or approved hospital, by a majority of the members of the committee and at a meeting of the committee at which the case of the female person has been reviewed,

  • (c) has by certificate in writing stated that in its opinion the continuation of the pregnancy of the female person would or would be likely to endanger her life or health, and

  • (d) has caused a copy of that certificate to be given to the qualified medical practitioner.

• Marginal note:Information requirement

  (5) The Minister of Health of a province may by order

  • (a) require a therapeutic abortion committee for any hospital in that province, or any member thereof, to furnish him with a copy of any certificate described in paragraph (4)(c) issued by that committee, together with such other information relating to the circumstances surrounding the issue of that certificate as he may require; or

  • (b) require a medical practitioner who, in that province, has procured the miscarriage of any female person named in a certificate described in paragraph (4)(c), to furnish him with a copy of that certificate, together with such other information relating to the procuring of the miscarriage as he may require.

• Marginal note:Definitions

  (6) For the purposes of subsections (4) and (5) and this subsection,

  accredited hospital

  accredited hospital means a hospital accredited by the Canadian Council on Hospital Accreditation in which diagnostic services and medical, surgical and obstetrical treatment are provided; (hôpital accrédité)

  approved hospital

  approved hospital means a hospital in a province approved for the purposes of this section by the Minister of Health of that province; (hôpital approuvé)

  board

  board means the board of governors, management or directors, or the trustees, commission or other person or group of persons having the control and management of an accredited or approved hospital; (conseil)

  Minister of Health

  Minister of Health means

  • (a) in the Provinces of Ontario, Quebec, New Brunswick, Manitoba, Prince Edward Island and Newfoundland and Labrador, the Minister of Health,

  • (b) in the Provinces of Nova Scotia and Saskatchewan, the Minister of Public Health, and

  • (c) in the Province of British Columbia, the Minister of Health Services and Hospital Insurance,

  • (d) in the Province of Alberta, the Minister of Hospitals and Medical Care,

  • (e) in Yukon, the Northwest Territories and Nunavut, the Minister of Health; (ministre de la Santé)

  qualified medical practitioner

  qualified medical practitioner means a person entitled to engage in the practice of medicine under the laws of the province in which the hospital referred to in subsection (4) is situated; (médecin qualifié)

  therapeutic abortion committee

  therapeutic abortion committee for any hospital means a committee, comprised of not less than three members each of whom is a qualified medical practitioner, appointed by the board of that hospital for the purpose of considering and determining questions relating to terminations of pregnancy within that hospital. (comité de l’avortement thérapeutique)

• Marginal note:Requirement of consent not affected

  (7) Nothing in subsection (4) shall be construed as making unnecessary the obtaining of any authorization or consent that is or may be required, otherwise than under this Act, before any means are used for the purpose of carrying out an intention to procure the miscarriage of a female person.

288 [Repealed, 2018, c. 29, s. 28]

Venereal Diseases

289 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 41]

Offences Against Conjugal Rights

Marginal note:Bigamy

• 290 (1) Every one commits bigamy who

  • (a) in Canada,

    • (i) being married, goes through a form of marriage with another person,

    • (ii) knowing that another person is married, goes through a form of marriage with that person, or

    • (iii) on the same day or simultaneously, goes through a form of marriage with more than one person; or

  • (b) being a Canadian citizen resident in Canada leaves Canada with intent to do anything mentioned in subparagraphs (a)(i) to (iii) and, pursuant thereto, does outside Canada anything mentioned in those subparagraphs in circumstances mentioned therein.

• Marginal note:Matters of defence

  (2) No person commits bigamy by going through a form of marriage if

  • (a) that person in good faith and on reasonable grounds believes that his spouse is dead;

  • (b) the spouse of that person has been continuously absent from him for seven years immediately preceding the time when he goes through the form of marriage, unless he knew that his spouse was alive at any time during those seven years;

  • (c) that person has been divorced from the bond of the first marriage; or

  • (d) the former marriage has been declared void by a court of competent jurisdiction.

• Marginal note:Incompetency no defence

  (3) Where a person is alleged to have committed bigamy, it is not a defence that the parties would, if unmarried, have been incompetent to contract marriage under the law of the place where the offence is alleged to have been committed.

• Marginal note:Validity presumed

  (4) Every marriage or form of marriage shall, for the purpose of this section, be deemed to be valid unless the accused establishes that it was invalid.

• Marginal note:Act or omission by accused

  (5) No act or omission on the part of an accused who is charged with bigamy invalidates a marriage or form of marriage that is otherwise valid.