Criminal Code ( R.S., 1985, c. C-46 )
| | | | | | |
| CRIMINAL CODE |
| SHORT TITLE |
| INTERPRETATION |
| PART I |
| General |
| Parties to Offences |
| Protection of Persons Administering and Enforcing the Law |
| Suppression of Riots |
| Self-induced Intoxication |
| Defence of Person |
| Defence of Property |
| Protection of Persons in Authority |
| PART II: OFFENCES AGAINST PUBLIC ORDER |
| Treason and other Offences against the Queen’s Authority and Person |
| Prohibited Acts |
| Passports |
| Sedition |
| Unlawful Assemblies and Riots |
| Unlawful Drilling |
| Duels |
| Forcible Entry and Detainer |
| Piracy |
| Offences against Air or Maritime Safety |
| Dangerous Substances |
| Prize Fights |
| PART II.1: TERRORISM |
| Interpretation |
| Financing of Terrorism |
| List of Entities |
| Freezing of Property |
| Seizure and Restraint of Property |
| Forfeiture of Property |
| Participating, Facilitating, Instructing and Harbouring |
| Hoax Regarding Terrorist Activity |
| Proceedings and Aggravated Punishment |
| Investigative Hearing |
| Recognizance with Conditions |
| PART III: FIREARMS AND OTHER WEAPONS |
| Interpretation |
| Use Offences |
| Possession Offences |
| Trafficking Offences |
| Assembling Offence |
| Export and Import Offences |
| Offences relating to Lost, Destroyed or Defaced Weapons, etc. |
| Prohibition Orders |
| Limitations on Access |
| Search and Seizure |
| Exempted Persons |
| General |
| PART IV: OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE |
| Interpretation |
| Corruption and Disobedience |
| Misleading Justice |
| Escapes and Rescues |
| PART V: SEXUAL OFFENCES, PUBLIC MORALS AND DISORDERLY CONDUCT |
| Interpretation |
| Sexual Offences |
| Offences Tending to Corrupt Morals |
| Disorderly Conduct |
| Nuisances |
| PART VI: INVASION OF PRIVACY |
| Definitions |
| Interception of Communications |
| PART VII: DISORDERLY HOUSES, GAMING AND BETTING |
| Interpretation |
| Presumptions |
| Search |
| Obstruction |
| Gaming and Betting |
| Bawdy-houses |
| Procuring |
| Offence in Relation to Prostitution |
| PART VIII: OFFENCES AGAINST THE PERSON AND REPUTATION |
| Interpretation |
| Duties Tending to Preservation of Life |
| Criminal Negligence |
| Homicide |
| Murder, Manslaughter and Infanticide |
| Suicide |
| Neglect in Child-birth and Concealing Dead Body |
| Bodily Harm and Acts and Omissions Causing Danger to the Person |
| Motor Vehicles, Vessels and Aircraft |
| Assaults |
| Kidnapping, Trafficking in Persons, Hostage Taking and Abduction |
| Abortion |
| Venereal Diseases |
| Offences Against Conjugal Rights |
| Unlawful Solemnization of Marriage |
| Blasphemous Libel |
| Defamatory Libel |
| Verdicts |
| Hate Propaganda |
| PART IX: OFFENCES AGAINST RIGHTS OF PROPERTY |
| Interpretation |
| Theft |
| Offences Resembling Theft |
| Robbery and Extortion |
| Criminal Interest Rate |
| Breaking and Entering |
| Having in Possession |
| False Pretences |
| Forgery and Offences Resembling Forgery |
| PART X: FRAUDULENT TRANSACTIONS RELATING TO CONTRACTS AND TRADE |
| Interpretation |
| Fraud |
| Falsification of Books and Documents |
| Personation |
| Forgery of Trade-marks and Trade Descriptions |
| Wreck |
| Public Stores |
| Breach of Contract, Intimidation and Discrimination Against Trade Unionists |
| Secret Commissions |
| Trading Stamps |
| PART XI: WILFUL AND FORBIDDEN ACTS IN RESPECT OF CERTAIN PROPERTY |
| Interpretation |
| Mischief |
| Arson and Other Fires |
| Other Interference with Property |
| Cattle and Other Animals |
| Cruelty to Animals |
| PART XII: OFFENCES RELATING TO CURRENCY |
| Interpretation |
| Making |
| Possession |
| Uttering |
| Defacing or Impairing |
| Instruments or Materials |
| Advertising and Trafficking in Counterfeit Money or Counterfeit Tokens of Value |
| Special Provisions as to Proof |
| Forfeiture |
| PART XII.1: INSTRUMENTS AND LITERATURE FOR ILLICIT DRUG USE |
| Interpretation |
| Offence and Punishment |
| PART XII.2: PROCEEDS OF CRIME |
| Interpretation |
| Offence |
| Search, Seizure and Detention of Proceeds of Crime |
| Forfeiture of Proceeds of Crime |
| Disclosure Provisions |
| Specific Rules of Forfeiture |
| Regulations |
| PART XIII: ATTEMPTS — CONSPIRACIES — ACCESSORIES |
| PART XIV: JURISDICTION |
| General |
| Special Jurisdiction |
| Rules of Court |
| PART XV: SPECIAL PROCEDURE AND POWERS |
| General Powers of Certain Officials |
| Forensic DNA Analysis |
| Other Provisions respecting Search Warrants |
| Sex Offender Information |
| Forfeiture of Offence-related Property |
| PART XVI: COMPELLING APPEARANCE OF ACCUSED BEFORE A JUSTICE AND INTERIM RELEASE |
| Interpretation |
| Arrest without Warrant and Release from Custody |
| Appearance of Accused before Justice |
| Information, Summons and Warrant |
| Judicial Interim Release |
| Arrest of Accused on Interim Release |
| Review of Detention where Trial Delayed |
| Procedure to Procure Attendance of a Prisoner |
| Endorsement of Warrant |
| Powers to Enter Dwelling-houses to Carry out Arrests |
| PART XVII: LANGUAGE OF ACCUSED |
| PART XVIII: PROCEDURE ON PRELIMINARY INQUIRY |
| Jurisdiction |
| Procedures before Preliminary Inquiry |
| Powers of Justice |
| Taking Evidence of Witnesses |
| Remand Where Offence Committed in Another Jurisdiction |
| Absconding Accused |
| Procedure where Witness Refuses to Testify |
| Remedial Provisions |
| Adjudication and Recognizances |
| Transmission of Record |
| PART XIX: INDICTABLE OFFENCES — TRIAL WITHOUT JURY |
| Interpretation |
| Jurisdiction of Provincial Court Judges |
| Jurisdiction of Judges |
| General |
| PART XIX.1: NUNAVUT COURT OF JUSTICE |
| PART XX: PROCEDURE IN JURY TRIALS AND GENERAL PROVISIONS |
| Preferring Indictment |
| General Provisions respecting Counts |
| Special Provisions respecting Counts |
| Particulars |
| Ownership of Property |
| Joinder or Severance of Counts |
| Joinder of Accused in Certain Cases |
| Proceedings when Person Indicted is at Large |
| Change of Venue |
| Amendment |
| Inspection and Copies of Documents |
| Pleas |
| Organizations |
| Record of Proceedings |
| Pre-hearing Conference |
| Juries |
| Challenging the Array |
| Empanelling Jury |
| Trial |
| Evidence on Trial |
| Children and Young Persons |
| Corroboration |
| Verdicts |
| Previous Convictions |
| Jurisdiction |
| Formal Defects in Jury Process |
| PART XX.1: MENTAL DISORDER |
| Interpretation |
| Assessment Orders |
| Assessment Reports |
| Protected Statements |
| Fitness to Stand Trial |
| Verdict of Not Criminally Responsible on Account of Mental Disorder |
| Review Boards |
| Disposition Hearings |
| Dispositions by a Court or Review Board |
| Appeals |
| Review of Dispositions |
| Power to Compel Appearance |
| Stay of Proceedings |
| Interprovincial Transfers |
| Enforcement of Orders and Regulations |
| PART XXI: APPEALS — INDICTABLE OFFENCES |
| Interpretation |
| Right of Appeal |
| Procedure on Appeals |
| Powers of the Court of Appeal |
| Appeals to the Supreme Court of Canada |
| Appeals by Attorney General of Canada |
| PART XXI.1: APPLICATIONS FOR MINISTERIAL REVIEW — MISCARRIAGES OF JUSTICE |
| PART XXII: PROCURING ATTENDANCE |
| Application |
| Process |
| Execution or Service of Process |
| Defaulting or Absconding Witness |
| Electronically Transmitted Copies |
| Evidence on Commission |
| Video and Audio Evidence |
| Evidence Previously Taken |
| Video-recorded Evidence |
| PART XXIII: SENTENCING |
| Interpretation |
| Alternative Measures |
| Purpose and Principles of Sentencing |
| Organizations |
| Punishment Generally |
| Procedure and Evidence |
| Absolute and Conditional Discharges |
| Probation |
| Fines and Forfeiture |
| Restitution |
| Conditional Sentence of Imprisonment |
| Imprisonment |
| Eligibility for Parole |
| Delivery of Offender to Keeper of Prison |
| Imprisonment for Life |
| Pardons and Remissions |
| Disabilities |
| Miscellaneous Provisions |
| PART XXIV: DANGEROUS OFFENDERS AND LONG-TERM OFFENDERS |
| Interpretation |
| Dangerous Offenders and Long-Term Offenders |
| PART XXV: EFFECT AND ENFORCEMENT OF RECOGNIZANCES |
| PART XXVI: EXTRAORDINARY REMEDIES |
| PART XXVII: SUMMARY CONVICTIONS |
| Interpretation |
| Punishment |
| Information |
| Defects and Objections |
| Application |
| Trial |
| Adjudication |
| Sureties to Keep the Peace |
| Appeal |
| Interim Release of Appellant |
| Procedure on Appeal |
| Summary Appeal on Transcript or Agreed Statement of Facts |
| Appeals to Court of Appeal |
| Fees and Allowances |
| PART XXVIII: MISCELLANEOUS |
| Electronic Documents |
| Remote Appearance by Incarcerated Accused |
| Forms |
| SCHEDULE TO PART XX.1 |
| SCHEDULE [to Part XXV] |
| SCHEDULE [to Part XXVII] |
| [Forms]: FORM 1: INFORMATION TO OBTAIN A SEARCH WARRANT |
| FORM 2: INFORMATION |
| FORM 3 |
| FORM 4: HEADING OF INDICTMENT |
| FORM 5: WARRANT TO SEARCH |
| FORM 5.01: INFORMATION TO OBTAIN A WARRANT TO TAKE BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS |
| FORM 5.02: WARRANT AUTHORIZING THE TAKING OF BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS |
| FORM 5.03: ORDER AUTHORIZING THE TAKING OF BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS |
| FORM 5.04: ORDER AUTHORIZING THE TAKING OF BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS |
| FORM 5.05: APPLICATION FOR AN AUTHORIZATION TO TAKE BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS |
| FORM 5.06: AUTHORIZATION FOR THE TAKING OF BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS |
| FORM 5.07: REPORT TO A PROVINCIAL COURT JUDGE OR THE COURT |
| FORM 5.08: APPLICATION FOR AN AUTHORIZATION FOR TAKING ADDITIONAL SAMPLES OF BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS |
| FORM 5.09: AUTHORIZATION FOR THE TAKING OF ADDITIONAL SAMPLES OF BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS |
| FORM 5.1: WARRANT TO SEARCH |
| FORM 5.2: REPORT TO A JUSTICE |
| FORM 5.3: REPORT TO A JUDGE OF PROPERTY SEIZED |
| FORM 6: SUMMONS TO A PERSON CHARGED WITH AN OFFENCE |
| FORM 7: WARRANT FOR ARREST |
| FORM 7.1: WARRANT TO ENTER DWELLING-HOUSE |
| FORM 8: WARRANT FOR COMMITTAL |
| FORM 9: APPEARANCE NOTICE ISSUED BY A PEACE OFFICER TO A PERSON NOT YET CHARGED WITH AN OFFENCE |
| FORM 10: PROMISE TO APPEAR |
| FORM 11: RECOGNIZANCE ENTERED INTO BEFORE AN OFFICER IN CHARGE OR OTHER PEACE OFFICER |
| FORM 11.1: UNDERTAKING GIVEN TO A PEACE OFFICER OR AN OFFICER IN CHARGE |
| FORM 12: UNDERTAKING GIVEN TO A JUSTICE OR A JUDGE |
| FORM 13: UNDERTAKING BY APPELLANT (DEFENDANT) |
| FORM 14: UNDERTAKING BY APPELLANT (PROSECUTOR) |
| FORM 15: WARRANT TO CONVEY ACCUSED BEFORE JUSTICE OF ANOTHER TERRITORIAL DIVISION |
| FORM 16: SUBPOENA TO A WITNESS |
| FORM 16.1: SUBPOENA TO A WITNESS IN THE CASE OF PROCEEDINGS IN RESPECT OF AN OFFENCE REFERRED TO IN SUBSECTION 278.2(1) OF THE CRIMINAL CODE |
| FORM 17: WARRANT FOR WITNESS |
| FORM 18: WARRANT TO ARREST AN ABSCONDING WITNESS |
| FORM 19: WARRANT REMANDING A PRISONER |
| FORM 20: WARRANT OF COMMITTAL OF WITNESS FOR REFUSING TO BE SWORN OR TO GIVE EVIDENCE |
| FORM 21: WARRANT OF COMMITTAL ON CONVICTION |
| FORM 22: WARRANT OF COMMITTAL ON AN ORDER FOR THE PAYMENT OF MONEY |
| FORM 23: WARRANT OF COMMITTAL FOR FAILURE TO FURNISH RECOGNIZANCE TO KEEP THE PEACE |
| FORM 24: WARRANT OF COMMITTAL OF WITNESS FOR FAILURE TO ENTER INTO RECOGNIZANCE |
| FORM 25: WARRANT OF COMMITTAL FOR CONTEMPT |
| FORM 26: WARRANT OF COMMITTAL IN DEFAULT OF PAYMENT OF COSTS OF AN APPEAL |
| FORM 27: WARRANT OF COMMITTAL ON FORFEITURE OF A RECOGNIZANCE |
| FORM 28: ENDORSEMENT OF WARRANT |
| FORM 28.1: ENDORSEMENT (ORDER OR AUTHORIZATION) |
| FORM 29: ENDORSEMENT OF WARRANT |
| FORM 30: ORDER FOR ACCUSED TO BE BROUGHT BEFORE JUSTICE PRIOR TO EXPIRATION OF PERIOD OF REMAND |
| FORM 31: DEPOSITION OF A WITNESS |
| FORM 32: RECOGNIZANCE |
| FORM 33: CERTIFICATE OF DEFAULT TO BE ENDORSED ON RECOGNIZANCE |
| FORM 34: WRIT OF FIERI FACIAS |
| FORM 35: CONVICTION |
| FORM 36: ORDER AGAINST AN OFFENDER |
| FORM 37: ORDER ACQUITTING ACCUSED |
| FORM 38: CONVICTION FOR CONTEMPT |
| FORM 39: ORDER FOR DISCHARGE OF A PERSON IN CUSTODY |
| FORM 40: CHALLENGE TO ARRAY |
| FORM 41: CHALLENGE FOR CAUSE |
| FORM 42: CERTIFICATE OF NON-PAYMENT OF COSTS OF APPEAL |
| FORM 43: JAILER’S RECEIPT TO PEACE OFFICER FOR PRISONER |
| FORM 44 |
| FORM 45 |
| FORM 46: PROBATION ORDER |
| FORM 47: ORDER TO DISCLOSE INCOME TAX INFORMATION |
| FORM 48: ASSESSMENT ORDER OF THE COURT |
| FORM 48.1: ASSESSMENT ORDER OF THE REVIEW BOARD |
| FORM 49: WARRANT OF COMMITTAL |
| FORM 50: WARRANT OF COMMITTAL |
| FORM 51 |
| FORM 52: ORDER TO COMPLY WITH SEX OFFENDER INFORMATION REGISTRATION ACT |
| FORM 53: NOTICE OF OBLIGATION TO COMPLY WITH SEX OFFENDER INFORMATION REGISTRATION ACT |