Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2018-11-20 and last amended on 2018-10-17. Previous Versions

PART IIOffences Against Public Order (continued)

Unlawful Assemblies and Riots (continued)

Marginal note:Riot

 A riot is an unlawful assembly that has begun to disturb the peace tumultuously.

  • R.S., c. C-34, s. 65.

Marginal note:Punishment of rioter

  •  (1) Every one who takes part in a riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • Marginal note:Concealment of identity

    (2) Every person who commits an offence under subsection (1) while wearing a mask or other disguise to conceal their identity without lawful excuse is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years.

  • R.S., 1985, c. C-46, s. 65;
  • 2013, c. 15, s. 2.

Marginal note:Punishment for unlawful assembly

  •  (1) Every one who is a member of an unlawful assembly is guilty of an offence punishable on summary conviction.

  • Marginal note:Concealment of identity

    (2) Every person who commits an offence under subsection (1) while wearing a mask or other disguise to conceal their identity without lawful excuse is guilty of

    • (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 66;
  • 2013, c. 15, s. 3.

Marginal note:Reading proclamation

 A person who is

  • (a) a justice, mayor or sheriff, or the lawful deputy of a mayor or sheriff,

  • (b) a warden or deputy warden of a prison, or

  • (c) the institutional head of a penitentiary, as those expressions are defined in subsection 2(1) of the Corrections and Conditional Release Act, or that person’s deputy,

who receives notice that, at any place within the jurisdiction of the person, twelve or more persons are unlawfully and riotously assembled together shall go to that place and, after approaching as near as is safe, if the person is satisfied that a riot is in progress, shall command silence and thereupon make or cause to be made in a loud voice a proclamation in the following words or to the like effect:

Her Majesty the Queen charges and commands all persons being assembled immediately to disperse and peaceably to depart to their habitations or to their lawful business on the pain of being guilty of an offence for which, on conviction, they may be sentenced to imprisonment for life. GOD SAVE THE QUEEN.

  • R.S., 1985, c. C-46, s. 67;
  • 1994, c. 44, s. 5.

Marginal note:Offences related to proclamation

 Every one is guilty of an indictable offence and liable to imprisonment for life who

  • (a) opposes, hinders or assaults, wilfully and with force, a person who begins to make or is about to begin to make or is making the proclamation referred to in section 67 so that it is not made;

  • (b) does not peaceably disperse and depart from a place where the proclamation referred to in section 67 is made within thirty minutes after it is made; or

  • (c) does not depart from a place within thirty minutes when he has reasonable grounds to believe that the proclamation referred to in section 67 would have been made in that place if some person had not opposed, hindered or assaulted, wilfully and with force, a person who would have made it.

  • R.S., c. C-34, s. 69.

Marginal note:Neglect by peace officer

 A peace officer who receives notice that there is a riot within his jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • R.S., c. C-34, s. 70.

Unlawful Drilling

Marginal note:Orders by Governor in Council

  •  (1) The Governor in Council may, by proclamation, make orders

    • (a) to prohibit assemblies, without lawful authority, of persons for the purpose

      • (i) of training or drilling themselves,

      • (ii) of being trained or drilled to the use of arms, or

      • (iii) of practising military exercises; or

    • (b) to prohibit persons when assembled for any purpose from training or drilling themselves or from being trained or drilled.

  • Marginal note:General or special order

    (2) An order that is made under subsection (1) may be general or may be made applicable to particular places, districts or assemblies to be specified in the order.

  • Marginal note:Punishment

    (3) Every one who contravenes an order made under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • R.S., 1985, c. C-46, s. 70;
  • 1992, c. 1, s. 60(F).

Duels

Marginal note:Duelling

 Every one who

  • (a) challenges or attempts by any means to provoke another person to fight a duel,

  • (b) attempts to provoke a person to challenge another person to fight a duel, or

  • (c) accepts a challenge to fight a duel,

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

  • R.S., c. C-34, s. 72.

Forcible Entry and Detainer

Marginal note:Forcible entry

  •  (1) A person commits forcible entry when that person enters real property that is in the actual and peaceable possession of another in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace.

  • Marginal note:Matters not material

    (1.1) For the purposes of subsection (1), it is immaterial whether or not a person is entitled to enter the real property or whether or not that person has any intention of taking possession of the real property.

  • Marginal note:Forcible detainer

    (2) A person commits forcible detainer when, being in actual possession of real property without colour of right, he detains it in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person who is entitled by law to possession of it.

  • Marginal note:Questions of law

    (3) The questions whether a person is in actual and peaceable possession or is in actual possession without colour of right are questions of law.

  • R.S., 1985, c. C-46, s. 72;
  • R.S., 1985, c. 27 (1st Supp.), s. 10;
  • 1992, c. 1, s. 60(F).

Marginal note:Punishment

 Every person who commits forcible entry or forcible detainer is guilty of

  • (a) an offence punishable on summary conviction; or

  • (b) an indictable offence and liable to imprisonment for a term not exceeding two years.

  • R.S., 1985, c. C-46, s. 73;
  • R.S., 1985, c. 27 (1st Supp.), s. 11;
  • 1992, c. 1, s. 58.

Piracy

Marginal note:Piracy by law of nations

  •  (1) Every one commits piracy who does any act that, by the law of nations, is piracy.

  • Marginal note:Punishment

    (2) Every one who commits piracy while in or out of Canada is guilty of an indictable offence and liable to imprisonment for life.

  • R.S., c. C-34, s. 75;
  • 1974-75-76, c. 105, s. 3.

Marginal note:Piratical acts

 Every one who, while in or out of Canada,

  • (a) steals a Canadian ship,

  • (b) steals or without lawful authority throws overboard, damages or destroys anything that is part of the cargo, supplies or fittings in a Canadian ship,

  • (c) does or attempts to do a mutinous act on a Canadian ship, or

  • (d) counsels a person to do anything mentioned in paragraph (a), (b) or (c),

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

  • R.S., 1985, c. C-46, s. 75;
  • R.S., 1985, c. 27 (1st Supp.), s. 7.
 
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