Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-05-07 and last amended on 2018-12-18. Previous Versions

PART IIOffences Against Public Order (continued)

Prohibited Acts (continued)

Marginal note:Inciting to mutiny

 Every one who

  • (a) attempts, for a traitorous or mutinous purpose, to seduce a member of the Canadian Forces from his duty and allegiance to Her Majesty, or

  • (b) attempts to incite or to induce a member of the Canadian Forces to commit a traitorous or mutinous act,

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

  • R.S., c. C-34, s. 53

Marginal note:Assisting deserter

 Every one who aids, assists, harbours or conceals a person who he knows is a deserter or absentee without leave from the Canadian Forces is guilty of an offence punishable on summary conviction, but no proceedings shall be instituted under this section without the consent of the Attorney General of Canada.

  • R.S., c. C-34, s. 54

Marginal note:Evidence of overt acts

 In proceedings for an offence against any provision in section 47 or sections 50 to 53, evidence of an overt act is not admissible unless that overt act is set out in the indictment or unless the evidence is otherwise relevant as tending to prove an overt act that is set out in the indictment.

  • R.S., 1985, c. C-46, s. 55
  • 2018, c. 29, s. 2

Marginal note:Offences in relation to members of R.C.M.P.

 Every one who wilfully

  • (a) persuades or counsels a member of the Royal Canadian Mounted Police to desert or absent himself without leave,

  • (b) aids, assists, harbours or conceals a member of the Royal Canadian Mounted Police who he knows is a deserter or absentee without leave, or

  • (c) aids or assists a member of the Royal Canadian Mounted Police to desert or absent himself without leave, knowing that the member is about to desert or absent himself without leave,

is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 56
  • R.S., 1985, c. 27 (1st Supp.), s. 8

Official Documents

Marginal note:Identity documents

  •  (1) Every person commits an offence who, without lawful excuse, procures to be made, possesses, transfers, sells or offers for sale an identity document that relates or purports to relate, in whole or in part, to another person.

  • Marginal note:For greater certainty

    (2) For greater certainty, subsection (1) does not prohibit an act that is carried out

    • (a) in good faith, in the ordinary course of the person’s business or employment or in the exercise of the duties of their office;

    • (b) for genealogical purposes;

    • (c) with the consent of the person to whom the identity document relates or of a person authorized to consent on behalf of the person to whom the document relates, or of the entity that issued the identity document; or

    • (d) for a legitimate purpose related to the administration of justice.

  • Definition of identity document

    (3) For the purposes of this section, identity document means a Social Insurance Number card, a driver’s licence, a health insurance card, a birth certificate, a death certificate, a passport as defined in subsection 57(5), a document that simplifies the process of entry into Canada, a certificate of citizenship, a document indicating immigration status in Canada, a certificate of Indian status or an employee identity card that bears the employee’s photograph and signature, or any similar document, issued or purported to be issued by a department or agency of the federal government or of a provincial or foreign government.

  • Marginal note:Punishment

    (4) Every person 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.

  • 2009, c. 28, s. 1

Marginal note:Forgery of or uttering forged passport

  •  (1) Every one who, while in or out of Canada,

    • (a) forges a passport, or

    • (b) knowing that a passport is forged

      • (i) uses, deals with or acts on it, or

      • (ii) causes or attempts to cause any person to use, deal with or act on it, as if the passport were genuine,

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

  • Marginal note:False statement in relation to passport

    (2) Every one who, while in or out of Canada, for the purpose of procuring a passport for himself or any other person or for the purpose of procuring any material alteration or addition to any such passport, makes a written or an oral statement that he knows is false or misleading

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

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

  • Marginal note:Possession of forged passport, etc.

    (3) Every person who, without lawful excuse, has in their possession a forged passport or a passport in respect of which an offence under subsection (2) has been committed is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

  • Marginal note:Special provisions applicable

    (4) For the purposes of proceedings under this section,

    • (a) the place where a passport was forged is not material; and

    • (b) the definition false document in section 321, and section 366, apply with such modifications as the circumstances require.

  • Marginal note:Definition of passport

    (5) In this section, passport has the same meaning as in section 2 of the Canadian Passport Order.

  • Marginal note:Jurisdiction

    (6) Where a person is alleged to have committed, while out of Canada, an offence under this section, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.

  • Marginal note:Appearance of accused at trial

    (7) For greater certainty, the provisions of this Act relating to

    • (a) requirements that an accused appear at and be present during proceedings, and

    • (b) the exceptions to those requirements,

    apply to proceedings commenced in any territorial division pursuant to subsection (6).

  • R.S., 1985, c. C-46, s. 57
  • R.S., 1985, c. 27 (1st Supp.), s. 9
  • 1992, c. 1, s. 60(F)
  • 1994, c. 44, s. 4
  • 1995, c. 5, s. 25
  • 2013, c. 40, s. 174
  • 2018, c. 29, s. 3

Marginal note:Fraudulent use of certificate of citizenship

  •  (1) Every one who, while in or out of Canada,

    • (a) uses a certificate of citizenship or a certificate of naturalization for a fraudulent purpose, or

    • (b) being a person to whom a certificate of citizenship or a certificate of naturalization has been granted, knowingly parts with the possession of that certificate with intent that it should be used for a fraudulent purpose,

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

  • Definition of certificate of citizenship and certificate of naturalization

    (2) In this section, certificate of citizenship and certificate of naturalization, respectively, mean a certificate of citizenship and a certificate of naturalization as defined by the Citizenship Act.

  • R.S., c. C-34, s. 59
  • 1974-75-76, c. 108, s. 41
 
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