Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2018-09-26 and last amended on 2018-09-19. Previous Versions

PART IIOffences Against Public Order (continued)

Official Documents (continued)

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 one who without lawful excuse, the proof of which lies on him, has in his possession a forged passport or a passport in respect of which an offence under subsection (2) has been committed is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • 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.

  • 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.

Marginal note:Fraudulent use of certificate of citizenship

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

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

  • 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.

  • R.S., c. C-34, s. 59;
  • 1974-75-76, c. 108, s. 41.

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 one who wilfully

    • (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,

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

  • 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.

  • R.S., c. C-34, s. 63.

Unlawful Assemblies and Riots

Marginal note:Unlawful assembly

  •  (1) An unlawful assembly is an assembly of three or more persons who, with intent to carry out any common purpose, assemble in such a manner or so conduct themselves when they are assembled as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that they

    • (a) will disturb the peace tumultuously; or

    • (b) will by that assembly needlessly and without reasonable cause provoke other persons to disturb the peace tumultuously.

  • Marginal note:Lawful assembly becoming unlawful

    (2) Persons who are lawfully assembled may become an unlawful assembly if they conduct themselves with a common purpose in a manner that would have made the assembly unlawful if they had assembled in that manner for that purpose.

  • Marginal note:Exception

    (3) Persons are not unlawfully assembled by reason only that they are assembled to protect the dwelling-house of any one of them against persons who are threatening to break and enter it for the purpose of committing an indictable offence therein.

  • R.S., c. C-34, s. 64.
 
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