Criminal Code (R.S.C., 1985, c. C-46)

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.

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

287 [Repealed, 2019, c. 25, s. 111]

288 [Repealed, 2018, c. 29, s. 28]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289 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 41]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.

Marginal note:Punishment

• 291 (1) Every person who commits bigamy 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:Certificate of marriage

  (2) For the purposes of this section, a certificate of marriage issued under the authority of law is evidence of the marriage or form of marriage to which it relates without proof of the signature or official character of the person by whom it purports to be signed.

Marginal note:Procuring feigned marriage

• 292 (1) Every person who procures or knowingly aids in procuring a feigned marriage between themselves and another person 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:Corroboration

  (2) No person shall be convicted of an offence under this section on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.

Marginal note:Polygamy

• 293 (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

  • (a) practises or enters into or in any manner agrees or consents to practise or enter into any form of polygamy or any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage; or

  • (b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in paragraph (a).

• Marginal note:Evidence in case of polygamy

  (2) Where an accused is charged with an offence under this section, no averment or proof of the method by which the alleged relationship was entered into, agreed to or consented to is necessary in the indictment or on the trial of the accused, nor is it necessary on the trial to prove that the persons who are alleged to have entered into the relationship had or intended to have sexual intercourse.

Marginal note:Forced marriage

293.1 Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is marrying against their will 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:Marriage under age of 16 years

293.2 Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years 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.

Unlawful Solemnization of Marriage

Marginal note:Pretending to solemnize marriage

294 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

• (a) solemnizes or pretends to solemnize a marriage without lawful authority; or

• (b) procures a person to solemnize a marriage knowing that he is not lawfully authorized to solemnize the marriage.