Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Intimidation — health services

• 423.2 (1) Every person commits an offence who engages in any conduct with the intent to provoke a state of fear in

  • (a) a person in order to impede them from obtaining health services from a health professional;

  • (b) a health professional in order to impede them in the performance of their duties; or

  • (c) a person, whose functions are to assist a health professional in the performance of the health professional’s duties, in order to impede that person in the performance of those functions.

• Marginal note:Obstruction or interference with access

  (2) Every person commits an offence who, without lawful authority, intentionally obstructs or interferes with another person’s lawful access to a place at which health services are provided by a health professional.

• Marginal note:Punishment

  (3) Every person who commits an offence under subsection (1) or (2) is

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

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

• Marginal note:Defence

  (4) No person is guilty of an offence under subsection (2) by reason only that they attend at or near, or approach, a place referred to in that subsection for the purpose only of obtaining or communicating information.

• Marginal note:Definition of health professional

  (5) In this section, health professional means a person who is entitled under the laws of a province to provide health services.