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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2024-02-06 and last amended on 2024-01-14. Previous Versions

PART IVOffences Against the Administration of Law and Justice (continued)

Corruption and Disobedience (continued)

Marginal note:Personating peace officer

  •  (1) Everyone commits an offence who

    • (a) falsely represents himself to be a peace officer or a public officer; or

    • (b) not being a peace officer or public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that he is a peace officer or a public officer, as the case may be.

  • Marginal note:Punishment

    (2) Everyone who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 130
  • 2009, c. 28, s. 2

Marginal note:Aggravating circumstance

 If a person is convicted of an offence under section 130, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the accused personated a peace officer or a public officer, as the case may be, for the purpose of facilitating the commission of another offence.

  • 2014, c. 10, s. 1

Misleading Justice

Marginal note:Perjury

  •  (1) Subject to subsection (3), every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false.

  • Marginal note:Video links, etc.

    (1.1) Subject to subsection (3), every person who gives evidence under subsection 46(2) of the Canada Evidence Act, or gives evidence or a statement pursuant to an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act, commits perjury who, with intent to mislead, makes a false statement knowing that it is false, whether or not the false statement was made under oath or solemn affirmation in accordance with subsection (1), so long as the false statement was made in accordance with any formalities required by the law of the place outside Canada in which the person is virtually present or heard.

  • Marginal note:Idem

    (2) Subsection (1) applies, whether or not a statement referred to in that subsection is made in a judicial proceeding.

  • Marginal note:Application

    (3) Subsections (1) and (1.1) do not apply to a statement referred to in either of those subsections that is made by a person who is not specially permitted, authorized or required by law to make that statement.

  • R.S., 1985, c. C-46, s. 131
  • R.S., 1985, c. 27 (1st Supp.), s. 17
  • 1999, c. 18, s. 92

Marginal note:Punishment

 Every one who commits perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., 1985, c. C-46, s. 132
  • R.S., 1985, c. 27 (1st Supp.), s. 17
  • 1998, c. 35, s. 119

Marginal note:Corroboration

 No person shall be convicted of an offence under section 132 on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.

  • R.S., 1985, c. C-46, s. 133
  • R.S., 1985, c. 27 (1st Supp.), s. 17

Marginal note:Idem

  •  (1) Subject to subsection (2), every one who, not being specially permitted, authorized or required by law to make a statement under oath or solemn affirmation, makes such a statement, by affidavit, solemn declaration or deposition or orally before a person who is authorized by law to permit it to be made before him, knowing that the statement is false, is guilty of an offence punishable on summary conviction.

  • Marginal note:Application

    (2) Subsection (1) does not apply to a statement referred to in that subsection that is made in the course of a criminal investigation.

  • R.S., 1985, c. C-46, s. 134
  • R.S., 1985, c. 27 (1st Supp.), s. 17

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 17]

Marginal note:Witness giving contradictory evidence

  •  (1) Every one who, being a witness in a judicial proceeding, gives evidence with respect to any matter of fact or knowledge and who subsequently, in a judicial proceeding, gives evidence that is contrary to his previous evidence is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years, whether or not the prior or later evidence or either is true, but no person shall be convicted under this section unless the court, judge or provincial court judge, as the case may be, is satisfied beyond a reasonable doubt that the accused, in giving evidence in either of the judicial proceedings, intended to mislead.

  • Marginal note:Evidence in specific cases

    (1.1) Evidence given under section 714.1, 714.2 or 714.3 or under subsection 46(2) of the Canada Evidence Act or evidence or a statement given under an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act is deemed to be evidence given by a witness in a judicial proceeding for the purposes of subsection (1).

  • Definition of evidence

    (2) Notwithstanding the definition evidence in section 118, evidence, for the purposes of this section, does not include evidence that is not material.

  • Marginal note:Proof of former trial

    (2.1) Where a person is charged with an offence under this section, a certificate specifying with reasonable particularity the proceeding in which that person is alleged to have given the evidence in respect of which the offence is charged, is evidence that it was given in a judicial proceeding, without proof of the signature or official character of the person by whom the certificate purports to be signed if it purports to be signed by the clerk of the court or other official having the custody of the record of that proceeding or by his lawful deputy.

  • Marginal note:Consent required

    (3) No proceedings shall be instituted under this section without the consent of the Attorney General.

  • R.S., 1985, c. C-46, s. 136
  • R.S., 1985, c. 27 (1st Supp.), ss. 18, 203
  • 1999, c. 18, s. 93
  • 2019, c. 25, s. 41

Marginal note:Fabricating evidence

 Every one who, with intent to mislead, fabricates anything with intent that it shall be used as evidence in a judicial proceeding, existing or proposed, by any means other than perjury or incitement to perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 125

Marginal note:Offences relating to affidavits

 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

  • (a) signs a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared before him when the writing was not so sworn or declared or when he knows that he has no authority to administer the oath or declaration,

  • (b) uses or offers for use any writing purporting to be an affidavit or statutory declaration that he knows was not sworn or declared, as the case may be, by the affiant or declarant or before a person authorized in that behalf, or

  • (c) signs as affiant or declarant a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared by him, as the case may be, when the writing was not so sworn or declared.

Marginal note:Obstructing justice

  •  (1) Every one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding,

    • (a) by indemnifying or agreeing to indemnify a surety, in any way and either in whole or in part, or

    • (b) where he is a surety, by accepting or agreeing to accept a fee or any form of indemnity whether in whole or in part from or in respect of a person who is released or is to be released from custody,

    is guilty of

    • (c) an indictable offence and is liable to imprisonment for a term not exceeding two years, or

    • (d) an offence punishable on summary conviction.

  • Marginal note:Idem

    (2) Every person who intentionally attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Idem

    (3) Without restricting the generality of subsection (2), every one shall be deemed wilfully to attempt to obstruct, pervert or defeat the course of justice who in a judicial proceeding, existing or proposed,

    • (a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence;

    • (b) influences or attempts to influence by threats, bribes or other corrupt means a person in his conduct as a juror; or

    • (c) accepts or obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence, or to do or to refrain from doing anything as a juror.

Marginal note:Public mischief

  •  (1) Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by

    • (a) making a false statement that accuses some other person of having committed an offence;

    • (b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;

    • (c) reporting that an offence has been committed when it has not been committed; or

    • (d) reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.

  • Marginal note:Punishment

    (2) Every one who commits public mischief

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

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 140
  • R.S., 1985, c. 27 (1st Supp.), s. 19

Marginal note:Compounding indictable offence

  •  (1) Every person who asks for or obtains or agrees to receive or obtain any valuable consideration for themselves or any other person by agreeing to compound or conceal an indictable offence is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Exception for diversion agreements

    (2) No offence is committed under subsection (1) where valuable consideration is received or obtained or is to be received or obtained under an agreement for compensation or restitution or personal services that is

    • (a) entered into with the consent of the Attorney General; or

    • (b) made as part of a program, approved by the Attorney General, to divert persons charged with indictable offences from criminal proceedings.

Marginal note:Corruptly taking reward for recovery of goods

 Every person who corruptly accepts any valuable consideration, directly or indirectly, under pretence or on account of helping any person to recover anything obtained by the commission of an indictable offence is guilty of

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

  • (b) an offence punishable on summary conviction.

 [Repealed, 2018, c. 29, s. 8]

Escapes and Rescues

Marginal note:Prison breach

 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who

  • (a) by force or violence breaks a prison with intent to set at liberty himself or any other person confined therein, or

  • (b) with intent to escape forcibly breaks out of, or makes any breach in, a cell or other place within a prison in which he is confined.

Marginal note:Escape and being at large without excuse

  •  (1) Every person who escapes from lawful custody or who is, before the expiration of a term of imprisonment to which they were sentenced, at large in or outside Canada without lawful excuse, is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Failure to attend court or surrender

    (2) Every person is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction who,

    • (a) is at large on a release order and who fails, without lawful excuse, to attend court in accordance with the release order;

    • (b) having appeared before a court, justice or judge, fails, without lawful excuse, to subsequently attend court as required by the court, justice or judge;

    • (c) fails to surrender themselves in accordance with an order of the court, justice or judge, as the case may be; or

    • (d) fails, without lawful excuse, to comply with an order made under section 515.01.

  • Marginal note:Failure to comply with appearance notice or summons

    (3) Every person who is named in an appearance notice that has been confirmed by a justice under section 508 or who is served with a summons and who fails, without lawful excuse, to appear at the time and place stated in the notice or the summons, as the case may be, for the purposes of the Identification of Criminals Act, or to attend court in accordance with the notice or the summons, as the case may be, is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Failure to comply with undertaking

    (4) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or an offence punishable on summary conviction who,

    • (a) is at large on an undertaking and who fails, without lawful excuse, to comply with a condition of that undertaking; or

    • (b) is at large on an undertaking that has been confirmed by a justice under section 508 and who fails, without lawful excuse, to appear at the time and place stated in the undertaking for the purposes of the Identification of Criminals Act or to attend court in accordance with the undertaking.

  • Marginal note:Failure to comply with order

    (5) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years, or is guilty of an offence punishable on summary conviction, who

    • (a) is at large on a release order and who fails, without lawful excuse, to comply with a condition of that release order other than the condition to attend court; or

    • (b) is bound to comply with an order under subsection 515(12), 516(2) or 522(2.1) and who fails, without lawful excuse, to comply with that order.

  • (5.1) [Repealed, 2019, c. 25, s. 47]

  • Marginal note:Not an excuse

    (6) For the purposes of subsections (3) and (4), it is not a lawful excuse that an appearance notice or undertaking states defectively the substance of the alleged offence.

  • (7) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 20]

  • Marginal note:Election of Crown under Contraventions Act

    (8) For the purposes of paragraph (2)(a) and subsections (3) to (5), it is a lawful excuse to fail to attend court in accordance with a summons, appearance notice, undertaking or release order, to comply with a condition of an undertaking or release order or to fail to appear at the time and place stated in a summons, an appearance notice or an undertaking for the purposes of the Identification of Criminals Act if — before the failure — the Attorney General, within the meaning of the Contraventions Act, makes an election under section 50 of that Act.

  • Marginal note:Proof of certain facts by certificate

    (9) In any proceedings under subsections (2) to (4), a certificate of the clerk of the court or a judge of the court before which the accused is alleged to have failed to attend or of the person in charge of the place at which it is alleged the accused failed to attend for the purposes of the Identification of Criminals Act is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate if the certificate states that,

    • (a) in the case of proceedings under subsection (2), the accused failed to attend court as required by the release order or, having attended court, failed to subsequently attend court as required by the court, judge or justice or failed to surrender in accordance with an order of the court, judge or justice, as the case may be;

    • (b) in the case of proceedings under subsection (3), the accused was named in an appearance notice that was confirmed by a justice under section 508 and the accused failed to attend court in accordance with the notice or failed to appear at the time and place stated in the notice for the purposes of the Identification of Criminals Act, as the case may be;

    • (c) in the case of proceedings under subsection (3), a summons was issued to and served on the accused and the accused failed to attend court in accordance with the summons or failed to appear at the time and place stated in the summons for the purposes of the Identification of Criminals Act, as the case may be; and

    • (d) in the case of proceedings under subsection (4), the accused was at large on an undertaking that was confirmed by a justice under section 508, and the accused failed to attend court in accordance with the undertaking or failed to appear at the time and place stated in the undertaking for the purposes of the Identification of Criminals Act, as the case may be.

  • Marginal note:Attendance and right to cross-examination

    (10) An accused against whom a certificate described in subsection (9) is produced may, with leave of the court, require the attendance of the person making the certificate for the purposes of cross-examination.

  • Marginal note:Notice of intention to produce

    (11) No certificate shall be received in evidence pursuant to subsection (9) unless the party intending to produce it has, before the trial, given to the accused reasonable notice of his intention together with a copy of the certificate.

  • R.S., 1985, c. C-46, s. 145
  • R.S., 1985, c. 27 (1st Supp.), s. 20
  • 1992, c. 47, s. 68
  • 1994, c. 44, s. 8
  • 1996, c. 7, s. 38
  • 1997, c. 18, s. 3
  • 2008, c. 18, s. 3
  • 2018, c. 29, s. 9
  • 2019, c. 25, s. 47
  • 2022, c. 17, s. 4
 

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