Criminal Code (R.S.C., 1985, c. C-46)

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).