An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (S.C. 2019, c. 25)
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Assented to 2019-06-21
R.S., c. C-46Criminal Code (continued)
Amendments to the Act (continued)
Marginal note:R.S., c. 27 (1st Supp.), s. 36; 2008, c. 6, s. 24(3)(F)
89 (1) The portion of paragraph 258(1)(c) of the Act before subparagraph (ii) is replaced by the following:
(c) if samples of the accused’s breath have been taken in accordance with a demand made under subsection 254(3), evidence of the results of the analyses of those samples is conclusive proof, in the absence of evidence tending to show that the approved instrument was malfunctioning or was operated improperly, that the concentration of alcohol in the accused’s blood both at the time when the analyses were performed and at the time when the offence was alleged to have been committed was, if the results of the analyses are the same, the concentration determined by the analyses and, if the results of the analyses are different, the lowest of the concentrations determined by the analyses, provided that
Marginal note:2008, c. 6, s. 24(4)(E)
(2) The portion of paragraph 258(1)(c) of the English version of the Act after subparagraph (iv) is repealed.
Marginal note:2008, c. 6, s. 24(5)
(3) The portion of paragraph 258(1)(d) of the Act before subparagraph (i) is replaced by the following:
(d) if a sample of the accused’s blood has been taken under subsection 254(3) or section 256 or with the accused’s consent, evidence of the result of the analysis of that sample is conclusive proof, in the absence of evidence tending to show that the analysis was performed improperly, that the concentration of alcohol in the accused’s blood both at the time when the sample was taken and at the time when the offence was alleged to have been committed was the concentration determined by the analysis or, if more than one sample was analyzed and the results of the analyses are the same, the concentration determined by the analyses and, if the results of the analyses are different, the lowest of the concentrations determined by the analyses, provided that
Marginal note:2008, c. 6, s. 24(5)(E)
(4) The portion of paragraph 258(1)(d) of the English version of the Act after subparagraph (v) is repealed.
90 (1) The portion of section 262 of the Act before paragraph (a) is replaced by the following:
Marginal note:Impeding attempt to save life
262 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
(2) The portion of section 262 of the English version of the Act after paragraph (b) is repealed.
Marginal note:1997, c. 16, s. 4
91 Paragraph 264(4)(b) of the Act is replaced by the following:
(b) the terms or conditions of any other order or recognizance, or of an undertaking, made or entered into under the common law, this Act or any other Act of Parliament or of a provincial legislature that is similar in effect to an order or recognizance referred to in paragraph (a).
Marginal note:1994, c. 44, s. 16(2)
92 Paragraph 264.1(2)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
Marginal note:1994, c. 44, s. 17
93 (1) The portion of section 267 of the Act before paragraph (a) is replaced by the following:
Marginal note:Assault with a weapon or causing bodily harm
267 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, in committing an assault,
(2) Section 267 of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by replacing the portion after paragraph (b) with the following:
(c) chokes, suffocates or strangles the complainant.
Marginal note:1994, c. 44, s. 18
94 Paragraph 269(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
Marginal note:2009, c. 22, s. 9
95 Paragraph 270.01(2)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
Marginal note:2002, c. 13, s. 11
96 Paragraph 270.1(3)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
97 Subsection 272(1) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(c.1) chokes, suffocates or strangles the complainant; or
Marginal note:1993, c. 45, s. 3
98 Paragraph 273.3(1)(c) of the Act is replaced by the following:
(c) under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 155, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272 or 273 in respect of that person; or
Marginal note:2002, c. 13, s. 12; 2014, c. 25, par. 16(a) and (b)
99 Sections 274 and 275 of the Act are replaced by the following:
Marginal note:Corroboration not required
274 If an accused is charged with an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 271, 272, 273, 286.1, 286.2 or 286.3, no corroboration is required for a conviction and the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration.
Marginal note:Rules respecting recent complaint abrogated
275 The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151, 152, 153, 153.1 and 155, subsections 160(2) and (3) and sections 170, 171, 172, 173, 271, 272 and 273.
Marginal note:2002, c. 13, s. 13
100 The portion of subsection 276(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Evidence of complainant’s sexual activity
276 (1) In proceedings in respect of an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant
Marginal note:2002, c. 13, s. 14
101 Section 277 of the Act is replaced by the following:
Marginal note:Reputation evidence
277 In proceedings in respect of an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant.
Marginal note:1998, c. 9, s. 3; 2014, c. 25, par. 17(2)(a) and (b)
102 Paragraph 278.2(1)(a) of the Act is replaced by the following:
(a) an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3; or
Marginal note:1997, c. 18, s. 14
103 Paragraph 279(2)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
Marginal note:2014, c. 25, s. 19
104 Subsection 279.02(1) of the Act is replaced by the following:
Marginal note:Material benefit — trafficking
279.02 (1) Every person who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.01(1), is guilty of
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