Criminal Code (R.S.C., 1985, c. C-46)
Full Document:
- HTMLFull Document: Criminal Code (Accessibility Buttons available) |
- XMLFull Document: Criminal Code [5651 KB] |
- PDFFull Document: Criminal Code [8771 KB]
Act current to 2026-09-21 and last amended on 2026-07-18. Previous Versions
Marginal note:Violence against intimate partner
263.1 (1) Everyone who commits an offence — referred to in this section as the “included offence” — in which violence is used, threatened or attempted against their intimate partner is
(a) guilty of an indictable offence and liable to the punishment provided for in subsection (3); or
(b) guilty of an offence punishable on summary conviction.
Marginal note:Limitation
(2) No proceedings under subsection (1) shall be
(a) commenced by way of indictment if the included offence may be prosecuted only by way of summary conviction proceedings; or
(b) commenced by way of summary conviction proceedings if the included offence may be prosecuted only by way of indictment.
Marginal note:Punishment
(3) Everyone who is found guilty of an indictable offence under subsection (1) is liable to a term of imprisonment of not more than
(a) five years, if the maximum term of imprisonment for the included offence is two years or more but less than five years;
(b) 10 years, if the maximum term of imprisonment for the included offence is five years or more but less than 10 years;
(c) 14 years, if the maximum term of imprisonment for the included offence is 10 years or more but less than 14 years; or
(d) life, if the maximum term of imprisonment for the included offence is 14 years or more and up to imprisonment for life.
Marginal note:Applicable provisions
(4) Subject to paragraphs (1)(a) and (b) and subsections (2) and (3), any provision of this Act or any other Act of Parliament — including one in respect of procedure, orders or consequences — that would have been applicable in relation to the included offence applies in relation to an offence under subsection (1).
Page Details
- Date modified: