Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:High treason

• 46 (1) Every one commits high treason who, in Canada,

  • (a) kills or attempts to kill Her Majesty, or does her any bodily harm tending to death or destruction, maims or wounds her, or imprisons or restrains her;

  • (b) levies war against Canada or does any act preparatory thereto; or

  • (c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are.

• Marginal note:Treason

  (2) Every one commits treason who, in Canada,

  • (a) uses force or violence for the purpose of overthrowing the government of Canada or a province;

  • (b) without lawful authority, communicates or makes available to an agent of a state other than Canada, military or scientific information or any sketch, plan, model, article, note or document of a military or scientific character that he knows or ought to know may be used by that state for a purpose prejudicial to the safety or defence of Canada;

  • (c) conspires with any person to commit high treason or to do anything mentioned in paragraph (a);

  • (d) forms an intention to do anything that is high treason or that is mentioned in paragraph (a) and manifests that intention by an overt act; or

  • (e) conspires with any person to do anything mentioned in paragraph (b) or forms an intention to do anything mentioned in paragraph (b) and manifests that intention by an overt act.

• Marginal note:Canadian citizen

  (3) Notwithstanding subsection (1) or (2), a Canadian citizen or a person who owes allegiance to Her Majesty in right of Canada,

  • (a) commits high treason if, while in or out of Canada, he does anything mentioned in subsection (1); or

  • (b) commits treason if, while in or out of Canada, he does anything mentioned in subsection (2).

• Marginal note:Overt act

  (4) Where it is treason to conspire with any person, the act of conspiring is an overt act of treason.