Criminal Law Web

"Canada" includes the land territory, the Canadian Arctic, the internal and inland waters, the territorial sea of Canada, the airspace above the territory and the seabed and subsoil below it.

"Canadian aircraft" meets an aircraft registered in Canada under the Aeronautics Act or an aircraft of the Canadian Forces.

"Canadian ship" means a ship registered in Canada under the Canada Shipping Act or a vessel of the Canadian Forces.

"Captive" means an animal caged, bound or confined outside its natural habitat.

"Classified information" means information that has been marked or otherwise identified in accordance with the federal government classification scheme as reasonably likely, if disclosed, to cause serious injury to the national interest.

"Consent" means consent given by a competent person and not obtained by force, threat or deceit.

"Criminal rate" means an annual rate of interest exceeding sixty per cent on the principal advanced.

"Document" means any writing, recording or marking capable of being read or understood by people or machines.

"Dwelling house" means:

(a) premises used as a residence;

(b) a building communicating with or connected to such premises; or

(c) a mobile unit used as a residence.

"Enters." A person "enters" as soon as any part of his body or any part of an instrument that he uses is within anything that is being entered.

"Exclusive economic zone of Canada" means the exclusive economic zone as defined in Article 55 of the United Nations Convention on the Law of the Sea, 1982.

"Explosive substance" means any substance capable of causing, and anything capable of being used with such a substance, to cause an explosion.

"False solemn statement" includes one which contradicts a solemn statement previously made by the same person in a public proceeding or as required by law.

"Firearm" means any barrelled weapon which can discharge a bullet or other missile, or any imitation of such a weapon.

"Fishing zones of Canada" means the fishing zones of Canada as defined in section 4 of the Territorial Sea and Fishing Zones Act.

"Forge" means:

(a) to make a document purport to be made by a person who did not exist or did not make it or did not authorize it to be made; or

(b) to tamper with a document by making some material alteration, addition, erasure or obliteration.

"Harm" means to impair the body or its functions permanently or temporarily.

"Hurt" means to inflict physical pain.

"Identifiable" means identifiable by race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability.

"Initiated." Criminal proceedings are "initiated" by the issuance of compulsory process, the laying of a charge, or an arrest.

"Inland waters" are the rivers, lakes and other fresh waters in Canada and include the St. Lawrence River as far seaward as the straight lines drawn:

(a) from Cap des Rosiers to the westernmost point of Anticosti Island; and

(b) from Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude sixty three degrees west.

"Internal waters of Canada" include any areas of the sea that are on the landward side of the baselines of the territorial sea of Canada and any areas of the sea other than the territorial sea, in respect of which Canada has an historic or other title of sovereignty.

"Internationally protected person" means:

(a) any head of State, head of government or minister of foreign affairs outside the jurisdiction of his own State;

(b) any member of the family of a person listed in (a) accompanying such a person;

(c) any representative or official of a State or international organization who is entitled at international law to special protection; and

(d) any member of the family of a person listed in

(c) who forms part of his household.

"Non disclosure" means failure to perform a duty to disclose arising from:

(a) a special relationship entitling the victim to rely on the defendant; or

(b) conduct by the defendant or another person acting with him creating or reinforcing a false impression in the victim's mind or preventing him from acquiring information.

"Nuclear material" means:

(a) plutonium, except plutonium with an isotopic concentration of plutonium 238 exceeding eighty per cent;

(b) uranium 233;

(c) uranium containing uranium 233 or uranium 235 or both in such an amount that the abundance ratio of the sum of those isotopes to the isotope uranium 238 is greater than 0.72 per cent;

(d) uranium with an isotopic concentration equal to that occurring in nature; and

(e) any substance containing anything described in clauses (a) to

(d), but does not include uranium in the form of ore or ore residue.

"Optical device" means any device or mechanism capable of permitting surreptitious viewing of persons, things or places.

"Peace officer" includes:

(a) a sheriff, deputy sheriff, sheriff's officer and justice of the peace;

(b) a warden, deputy warden, instructor, keeper, gaoler, guard and any other officer or permanent employee of a prison;

(c) a police officer, police constable, bailiff, constable, or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process;

(d) an officer or person having the powers of a customs or excise officer when performing any duty in the administration of the Customs Act or the Excise Act;

(e) a person appointed or designated as a fishery officer under the Fisheries Act when performing any of his duties or functions pursuant to that Act;

(f) officers and non commissioned members of the Canadian Forces who are

(i) appointed for the purposes of section 134 of the National Defence Act, or

(ii) employed on duties that the Governor in Council, in regulations made under the National Defence Act for the purposes of this clause, has prescribed to be of such a kind as to necessitate that the officers and non commissioned members performing them have the powers of peace officers;

(g) the pilot in command of an aircraft

(i) registered in Canada under regulations made under the Aeronautics Act, or

(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft registered in Canada under those regulations, while the aircraft is in flight.

"Pending" means:

(a) in a criminal case, from the time at which criminal proceedings have been initiated by the issuance of compulsory process, the laying of a charge, or an arrest, until their determination by discharge, stay, verdict, or other disposition whether formal or informal;

(b) in a civil case, from the time at which a trial date is set until determination of the proceedings by abandonment, adjudication or other disposition;

(c) in relation to publication by public officers or prosecutors, from the time the officer or prosecutor has reasonable grounds to justify the initiation of criminal proceedings until their determination in accordance with (a).

"Person" means a person already born by having completely proceeded in a living state from the mother's body, or a corporation.

"Premises" means:

(a) any building or part thereof; or

(b) any part of a structure, vehicle, vessel or aircraft used

(i) for overnight accommodation, or

(ii) for business.

"Private communication" means any oral communication or any telecommunication made under circumstances in which it is reasonable for any party to it to expect that it will not be intercepted by any surveillance device.

"Prohibited weapon" means:

(a) any knife with an automatically opening blade;

(b) any machine gun;

(c) any sawn off rifle or shotgun with a barrel less than 457 mm in length or with an overall length of less than 660 mm; or

(d) a silencer.

"Property" includes electricity, gas, water, and telephone, telecommunication and computer services.

"Public administration" means:

(a) the administration of justice;

(b) the administration of federal, provincial or local government; and

(c) the proceedings in Parliament or in a provincial legislature or in the council of a local authority.

"Public officer" means:

(a) a peace officer, or

(b) any officer engaged in enforcing the law relating to revenue, trade or navigation.

"Public official" means a person who

(a) holds a public office, or

(b) is appointed to perform a public duty.

"Public proceedings" means proceedings before Parliament, any provincial legislature, a court or judge, or any federal, provincial or municipal body exercising powers to investigate or inquire for which such body is authorized by law to take evidence by way of solemn statement.

"Public record" means any document or records kept:

(a) under the authority of a court, judicial officer or tribunal;

(b) as forming part of proceedings in Parliament; or

(c) in a public system required or authorized by law to be maintained in the public interest.

"Regulated weapon"

(a) means any firearm other than a prohibited weapon which:

(i) is designed to be fired with one hand,

(ii) has a barrel of less than 470 mm in length or an overall length of less than 660 mm and is capable of producing semi automatic fire,

(iii) is designed to be fired when reduced to length less than 660 mm by folding or telescoping, or

(iv) is a machine gun forming part of the collection of a collector in good faith;

(b) does not include:

(i) a flare gun,

(ii) a firearm exclusively used for:

(A) firing blanks,

(B) slaughtering domestic animals or tranquillizing animals,

(C) discharging projectiles attached to lines, or

(D) firing bullets or other missiles with a velocity less than 152.4 m per second, or

(iii) antique firearms other than machine guns.

"Representation" means a representation whether express or implied (including impersonation) as to a past, present or future fact, but does not include exaggerated statements of opinion concerning the attributes or quality of anything.

"Solemn statement" means a statement made orally or in writing on oath, solemn affirmation or solemn declaration.

"Surveillance device" means a device or apparatus capable of being used to intercept a private communication.

"Territorial sea of Canada" means the territorial sea of Canada as determined in accordance with the Territorial Sea and Fishing Zones Act.

"Valuable security" means any order or security giving title or evidence of title to property.

"Weapon" means any instrument including a firearm, capable of being used to inflict harm.

1(3) Interpretation.

(a) The provisions of this Code shall be interpreted and applied according to the ordinary meaning of the words used read in the context of the Code.

(b) Where a provision of this Code is unclear and is capable of more than one interpretation it shall be interpreted in favour of the accused.

1(4) Application in Law.

(a) This title applies to any crime defined by this Code or any other Act of the Parliament of Canada.

(b) An offence defined by any other Act of the Parliament of Canada is a crime if the person who committed it is liable to be sentenced to a term of imprisonment as punishment.

Chapter 2: Principles of Liability

2(1) Principle of Legality. No one is liable except for conduct defined at the time of its occurrence as a crime by this Code or by some other Act of the Parliament of Canada.

2(2) Conduct and Culpability. No one is liable for a crime without engaging in the conduct and having the level of culpability specified by its definition.

2(3) Conduct.

(a) General Rule. Unless otherwise provided in the definition of a crime, a person is only liable for an act or omission performed by that person.

(b) Omissions. No one is liable for an omission unless:

(i) it is defined as a crime by this Code or by some other Act of the Parliament of Canada; or

(ii) it consists of a failure to perform a duty specified in this clause.

(c) Duties. Everyone has a duty to take reasonable steps, where failure to do so endangers life, to:

(i) provide necessaries to

(A) his spouse,

(B) his children under eighteen years of age,

(C) other family members living in the same household, or

(D) anyone under his care if such person is unable to provide himself with necessaries of life;

(ii) carry out an undertaking he has given or assumed;

(iii) assist those in a shared hazardous and lawful enterprise with him; and

(iv) ratify dangers of his own creation or within his control.

(d) Medical Treatment Exception. No one has a duty to provide or continue medical treatment which is therapeutically useless or for which informed consent is expressly refused or withdrawn.

2(4) Requirements for Culpability.

(a) General Requirements as to Level of Culpability. Unless otherwise provided:

(i) where the definition of a crime requires purpose, no one is liable unless as concerns its elements he acts

(A) purposely as to the conduct specified by that definition,

(B) purposely as to the consequences, if any, so specified, and

(C) knowingly or recklessly as to the circumstances, if any, so specified;

(ii) where the definition of a crime requires recklessness, no one is liable unless as concerns its elements he acts

(A) purposely as to the conduct specified by that definition,

(B) recklessly as to the consequences, if any, so specified, and

(C) recklessly as to the circumstances, whether specified or not;

(iii) where the definition of a crime requires negligence, no one is liable unless as concerns its elements he acts

(A) negligently as to the conduct specified by that definition,

(B) negligently as to the consequences, if any, so specified, and

(C) negligently as to the circumstances, whether specified or not.

(b) Definitions.

"Purposely."

(i) A person acts purposely as to conduct if he means to engage in such conduct, and, in the case of an omission, if he also knows the circumstances giving rise to the duty to act or is reckless as to their existence.

(ii) A person acts purposely as to a consequence if he acts in order to effect:

(A) that consequence; or

(B) another consequence which he knows involves that consequence.

"Recklessly." A person is reckless as to consequences or circumstances if, in acting as he does, he is conscious that such consequences will probably result or that such circumstances probably obtain.

[Alternative "Recklessly." A person is reckless as to consequences or circumstances if, in acting as he does, he consciously takes a risk, which in the circumstances known to him is highly unreasonable to take, that such consequences may result or that such circumstances may obtain.]

"Negligently." A person is negligent as to conduct, circumstances or consequences if it is a marked departure from the ordinary standard of reasonable care to engage in such conduct, to take the risk (conscious or otherwise) that such consequences will result, or to take the risk (conscious or otherwise) that such circumstances obtain.

(c) Greater Culpability Requirement Satisfies Lesser.

(i) Where the definition of a crime requires negligence, a person may be liable if he acts, or omits to act, purposely or recklessly as to one or more of the elements in that definition.

(ii) Where the definition of a crime requires recklessness, a person may be liable if he acts, or omits to act, purposely as to one or more of the elements in that definition.

(d) Residual Rule. Where the definition of a crime does not explicitly specify the requisite level of culpability, it shall be interpreted as requiring purpose.

2(5) Corporate Liability.

(a) With respect to crimes requiring purpose or recklessness, a corporation is liable for conduct committed on its behalf by its directors, officers or employees acting within the scope of their authority and identifiable as persons with authority over the formulation or implementation of corporate policy.

(b) With respect to crimes requiring negligence a corporation is liable as above, notwithstanding that no director, officer or employee may be held individually liable for the same offence.

[Alternative 2(5) Corporate Liability. A corporation is liable for conduct committed on its behalf by its directors, officers or employees acting within the scope of their authority and identifiable as persons with authority over the formulation or implementation of corporate policy, notwithstanding that no director, officer or employee may be held individually liable for the same offence.]

2(6) Causation. Everyone causes a result when his conduct substantially contributes to its occurrence and no other unforeseen and unforeseeable cause supersedes it.

Chapter 3: Defences

3(1) Lack of Control.

(a) Compulsion, Impossibility, Automatism. No one is liable for conduct which is beyond his control by reason of:

(i) physical compulsion by another person;

(ii) in the case of an omission, physical impossibility to perform the act required; or

(iii) factors, other than loss of temper or mental disorder, which would similarly affect an ordinary person in the circumstances.

(b) Exception: Negligence. This clause shall not apply as a defence to a crime that can be committed by negligence where the lack of control is due to the defendant's negligence.

3(2) Lack of Knowledge.

(a) Mistake of Fact. No one is liable for a crime committed through lack of knowledge which is due to mistake or ignorance as to the relevant circumstances; but where on the facts as he believed them he would have committed an included crime or a different crime from that charged, he shall be liable for committing that included crime or attempting that different crime.

(b) Exception: Recklessness and Negligence. This clause shall not apply as a defence to crimes that can be committed by recklessness or negligence where the lack of knowledge is due to the defendant's recklessness or negligence as the case may be.

3(3) Intoxication.

(a) General Rule. No one is liable for a crime for which, by reason of intoxication, he fails to satisfy the culpability requirements specified by its definition.

(b) Proviso: Criminal Intoxication. Notwithstanding clauses 2(2) and 3(3)(a), unless the intoxication is due to fraud, duress, compulsion or reasonable mistake,

(i) everyone falling under clause 3(3)(a) who satisfies all the other elements in the definition of a crime is liable, except in the case of causing death, for committing that crime while intoxicated; and

(ii) everyone falling under clause 3(3)(a) who causes the death of another is liable for manslaughter while intoxicated and subject to the same penalty as for manslaughter.

[Alternative 3(3) Intoxication. (a) General Rule. No one is liable for a crime for which, by reason of intoxication, he fails to satisfy the culpability requirements specified by its definition. (b) Exception. This clause shall not apply as a defence to a crime that can be committed through negligence unless the intoxication arose through fraud, duress, compulsion or reasonable mistake.]

Exemptions

3(4) Immaturity. No one is liable for conduct committed when he was under twelve years of age.

3(5) Unfitness to Plead. Any person who, at any stage of the proceedings, is incapable of understanding the nature, object or consequences of the proceedings against him, or of communicating with counsel owing to disease or defect of the mind which renders him unfit to stand trial, shall not be tried until declared fit.

3(6) Mental Disorder. No one is liable for his conduct if, through disease or defect of the mind, he was at the time incapable of appreciating the nature, consequences or legal wrongfulness of such conduct [or believed what he was doing was morally right].

Justifications and Excuses

3(7) Mistake or Ignorance of Law. No one is liable for a crime committed by reason of mistake or ignorance of law:

(a) concerning private rights relevant to that crime; or

(b) reasonably resulting from

(i) non publication of the law in question,

(ii) reliance on a decision of a court of appeal in the province having jurisdiction over the crime charged, or

(iii) reliance on competent administrative authority.

3(8) Duress. No one is liable for committing a crime in reasonable response to threats of immediate serious harm to himself or another person unless he himself purposely causes the death of, or seriously harms, another person.

3(9) Necessity.

(a) General Rule. No one is liable if:

(i) he acted to avoid immediate harm to the person or immediate serious damage to property;

(ii) such harm or damage substantially outweighed the harm or damage resulting from that crime; and

(iii) such harm or damage could not effectively have been avoided by any lesser means.

(b) Exception. This clause does not apply to anyone who himself purposely causes the death of, or seriously harms, another person.

3(10) Defence of the Person.

(a) General Rule. No one is liable if he acted as he did to protect himself or another person against unlawful force by using such force as was reasonably necessary to avoid the harm or hurt apprehended.

(b) Exception: Law Enforcement. This clause does not apply to anyone who uses force against a person reasonably identifiable as a peace officer executing a warrant of arrest or anyone present acting under his authority.

3(11) Protection of Movable Property. No one in peaceable possession of movable property is liable for using such force, not amounting to purposely causing the death of, or seriously harming, as is reasonably necessary to prevent another person from unlawfully taking it or to recover it from another person who has just unlawfully taken it.

3(12) Protection of Immovable Property.

(a) General Rule. No one in peaceable possession of immovable property is liable for using such force, not amounting to purposely causing the death of, or seriously harming, as is reasonably necessary to prevent trespass, to remove a trespasser or to defend the property against another person unlawfully taking possession of it.

(b) Exception. This clause does not apply to a peaceable possessor without a claim of right who uses force against a person who he knows is legally entitled to possession and who enters peaceably to take possession of that property.

3(13) Protection of Persons Acting under Legal Authority.

(a) General Rule. No one is liable for performing an act required or authorized by or under federal or provincial statute or for using such force, short of force meant to cause death or serious harm to another person, as is reasonably necessary to do so and as is reasonable in the circumstances;

(b) Force Used by Peace Officers. No peace officer is liable for using such force as is reasonably necessary and as is reasonable in the circumstances to arrest, recapture or prevent the escape of a suspect or offender.

3(14) Authority over Children. No one is liable who, being a parent, foster-parent or guardian or having the express permission of such a person, touches, hurts, threatens to hurt or confines a person under eighteen years of age in his custody in the reasonable exercise of authority over such person. [Alternative - A minority of Commissioners would not provide for such a defence.]

3(15) Superior Orders. No one bound by military law is liable for anything done out of obedience to his superior officer's orders unless those orders are manifestly unlawful.

3(16) Lawful Assistance. No one is liable who helps, advises, encourages, urges or incites another person, or acts under the authority or on behalf of another person, if that other person has a defence under clauses 3(1) or 3(8) to 3(15).

3(17) Mistaken Belief as to Defence.

(a) General Rule. No one is liable if on the facts as he believed them he would have had a defence under clauses 3(1) or 3(8) to 3(16).

(b) Exception. This clause does not apply where the accused is charged with a crime that can be committed through negligence and the mistaken belief arose through his negligence.

Chapter 4: Involvement in Crime

4(1) Committing. A crime may be committed:

(a) solely, where the committer is the only person doing the conduct defined as that crime; or

(b) jointly, where the committer and another person (or other persons) together do the conduct so defined.

4(2) Furthering. Everyone is liable for furthering a crime and is subject to the penalty for it if he helps, advises, encourages, urges, incites or uses another person to commit that crime and that person completely performs the conduct specified by its definition.

4(3) Attempt. Everyone is liable for attempt who, going beyond mere preparation, attempts to commit a crime, and is subject to half the penalty for it.

4(4) Attempted Furthering. Everyone is liable for attempted furthering of a crime and is subject to half the penalty for that crime if he helps, advises, encourages, urges, incites or uses another person to commit that crime and that other person does not completely perform the conduct specified by its definition.

4(5) Conspiracy. Everyone is liable for conspiracy who agrees with another person to commit a crime and is subject to half the penalty for it.

4(6) Different Crime Committed from That Furthered.

(a) General Rule. No one is liable for furthering or attempting to further any crime which is different from the crime he meant to further.

(b) Exception. Clause 4(6)(a) does not apply where the crime differs only as to the victim's identity or the degree of harm or damage involved.

(c) Qualification. A person who agrees with another person to commit a crime and who also otherwise furthers it, is liable not only for the crime he agrees to commit and intends to further, but also for any crime which he knows is a probable consequence of such agreement or furthering.

4(7) Alternative Convictions.

(a) Committing. Everyone charged with committing a crime may, on appropriate evidence, be convicted of furthering it, of attempting to commit it or of attempted furthering of it.

(b) Furthering. Everyone charged with furthering a crime may, on appropriate evidence, be convicted of committing it, of attempting to commit it or of attempted furthering of it.

(c) Attempting. Everyone charged with attempting to commit a crime may, on appropriate evidence, be convicted of attempted furthering of it, and, where the evidence shows that he committed or furthered it, may nevertheless be convicted of attempting to commit it.

(d) Attempted Furthering. Everyone charged with attempted furthering of a crime may, on appropriate evidence, be convicted of attempting to commit it, and, where the evidence shows that he committed or furthered it, may nevertheless be convicted of attempted furthering of it.

(e) Unclear Cases.

(i) Where two or more persons are involved in committing a crime but it is unclear which of them committed it and which of them furthered it, all may be convicted of furthering.

(ii) Where two or more persons are involved in attempting to commit a crime but it is unclear which of them attempted to commit it and which of them attempted to further it, all may be convicted of attempted furthering.

Chapter 5: Territorial Jurisdiction

5(1) General Rule. Subject to clause 5(2), no person shall be convicted in Canada for a crime committed wholly outside Canada.

5(2) Jurisdiction Rules. Subject to diplomatic and other immunity under the law, the Code applies to, and the Canadian courts have jurisdiction over:

(a) crimes committed wholly inside Canada (including on Canadian ships and aircraft);

(b) crimes where one of the elements (including the direct resulting harm or damage) occurs in Canada and that element establishes a real and substantial link with Canada;

(c) conduct engaged in outside Canada which constitutes either

(i) a conspiracy to commit a crime in Canada,

(ii) attempting to commit a crime in Canada, or

(iii) furthering or attempting to further a crime in Canada, where the conduct took place on the high seas or in a State where the crime in question is also a crime in that State;

(d) conduct engaged in inside Canada which constitutes either

(i) a conspiracy to commit a crime outside Canada,

(ii) attempting to commit a crime outside Canada, or

(iii) furthering or attempting to further the commission of a crime outside Canada, if the crime in question is a crime both in Canada and in the place where the crime is to be committed;

(e) crimes committed in "special zones" in which Canada has sovereign rights and either the offender or the victim is present in such zone for the purpose of engaging in an activity over which Canadian sovereign rights extend, this rule being applicable to crimes committed

(i) within a fishing zone or exclusive economic zone of Canada,

(ii) on, under or within a distance to be determined by regulation of any artificial island, installation or structure

(A) in a fishing zone or exclusive economic zone of Canada, or

(B) on or over the continental shelf of Canada, or

(C) (other than a ship of non Canadian registry) under the administration and control of the Government of Canada;

(f) crimes against State security committed outside Canada by Canadian citizens and others who benefit from the protection of Canada and, where the crime involves classified government information, by persons who were Canadian citizens or benefitted from the protection of Canada when such information was obtained;

(g) crimes committed outside Canada where the crime in question is a crime both in Canada and in the place where it was committed by

(i) persons subject to the Code of Service Discipline under the National Defence Act when serving abroad,

(ii) Government of Canada employees serving abroad and members of their families forming part of their households who are Canadian citizens or who benefit from the protection of Canada, and

(iii) R.C.M.P. members serving abroad and members of their families forming part of their households who are Canadian citizens or who benefit from the protection of Canada;

(h) crimes committed by those on board private ships or aircraft outside the territorial jurisdiction of any State and consisting of:

(i) crimes against personal safety and liberty of those on board other ships or aircraft;

(ii) theft, vandalism or arson of another ship or aircraft; or

(iii) theft, vandalism or arson of the property of those on board other ships or aircraft;

(i) crimes committed outside Canada by anyone consisting of:

(i) theft of,

(ii) forgery of,

(iii) making false applications for,

(iv) possession of or use of when stolen or forged, or

(v) unauthorized use of Canadian passports or certificates of Canadian citizenship;

(j) crimes committed outside Canada by anyone and consisting of:

(i) forgery of Canadian currency, and

(ii) using forged Canadian currency;

(k) crimes committed outside Canada by Canadian citizens or by persons present in Canada after their commission and consisting of:

(i) crimes against personal safety and liberty by means of nuclear material,

(ii) theft of nuclear material, or

(iii) vandalism or arson of, or by means of, nuclear material;

(l) crimes against personal safety and liberty of internationally protected persons committed outside Canada by:

(i) Canadian citizens or persons present in Canada after their commission, and

(ii) anyone if the victim was exercising functions on behalf of Canada;

(m) kidnapping committed outside Canada where

(i) the alleged offender is a Canadian citizen, is a stateless person ordinarily resident in Canada, or is present in Canada after the commission of the offence,

(ii) the person kidnapped is a Canadian citizen, or

(iii) the crime is committed in order to influence the actions of the Government of Canada or a province;

(n) crimes committed outside Canada by anyone consisting of crimes against personal safety and liberty of those on board an aircraft or ship or of interfering with transportation facilities consisting of an aircraft or ship where the aircraft or ship in question is

(i) a Canadian aircraft or ship, or an aircraft or ship leased without crew to a lessee who has his principal place of business or, if the lessee has no such place of business, his permanent residence in Canada,

(ii) the aircraft or ship in question arrives in Canada with the alleged offender on board, or

(iii) the alleged offender is present in Canada after the commission of the offence.

THE SPECIAL PART TITLE II. Crimes against the Person

Part 1: Crimes against Personal Safety and Liberty

Chapter 6: Crimes against Life

6(1) Negligent Homicide. Everyone commits a crime who negligently causes the death of another person.

6(2) Manslaughter. Everyone commits a crime who recklessly causes the death of another person.

6(3) Murder. Everyone commits a crime who purposely causes the death of another person.

[Alternative 6(3) Murder. Everyone commits a crime who: (a) purposely causes the death of another person; or (b) causes the death of another person by purposely causing him bodily harm that he knows is likely to cause death and is reckless whether death ensues or not.]

6(4) First Degree Murder. Murder is first degree murder if committed;

(a) pursuant to an agreement for valuable consideration;

(b) with torture;

(c) for the purpose of preparing, facilitating or concealing a crime or furthering an offender's escape from detection, arrest or conviction;

(d) for terrorist or political motives;

(e) during the course of robbery, confinement, sexual assault or interference with transport facilities consisting of aircraft and ships;

(f) by means which the accused knows will cause the death of more than one person; or

(g) by premeditation in terms of a calculated and carefully considered plan other than for the purpose of mercy killing.

[Alternative 6(4) First Degree Murder. Murder is first degree murder if the offender deliberately subordinates the victim's life to his own further purpose of: (a) advancing terrorist or political objectives; (b) influencing the course of justice; (c) preparing, facilitating or concealing a crime or furthering an offender's escape from detection, arrest or conviction; (d) obtaining financial gain; or (e) obtaining consideration pursuant to an agreement to cause the death of another person.]

[Alternative Homicide. Everyone commits a crime who causes the death of another person: (a) purposely; (b) recklessly; or (c) through negligence.]

6(5) Furthering Suicide. Everyone commits a crime who helps, advises, encourages, urges or incites another person to commit suicide whether suicide results or not.

6(6) Palliative Care. Clauses 6(1) to 6(5) do not apply to the administration of palliative care appropriate in the circumstances for the control or elimination of a person's pain and suffering even if such care shortens his life expectancy, unless the patient refuses such care.

Chapter 7: Crimes against Bodily Integrity

7(1) Assault by Touching or Hurting. Everyone commits a crime who, [offensively] touches or hurts another person without that other's consent.

7(2) Assault by Harming. Everyone commits a crime who harms another person: (a) purposely; (b) recklessly; or (c) through negligence.

7(3) Exceptions.

(a) Medical Treatment. Clauses 7(2)(a) and 7(2)(b) do not apply to the administration of treatment with the patient's informed consent for therapeutic purposes, or for purposes of medical research, involving risk of harm not disproportionate to the expected benefits.

(b) Sporting Activities. Clauses 7(2)(a) and 7(2)(b) do not apply to injuries inflicted during the course of, and in accordance with, the rules of a lawful sporting activity.

Chapter 8: Crimes against Psychological Integrity

8(1) Harassment. Everyone commits a crime who harasses and thereby frightens another person.

8(2) Threatening. Everyone commits a crime who threatens to hurt, harm or kill another person or to damage his property.

8(3) Immediate Threatening. Everyone commits a crime who threatens another person with immediate hurt, harm or death.

8(4) Extortion. Everyone commits a crime who threatens:

(a) to harm another person's reputation;

(b) to hurt, harm or kill another person or to damage his property; or

(c) to inflict on another person immediate hurt, harm or death for the purpose of making someone, whether the person threatened or not, do or refrain from doing some act.

Chapter 9: Crimes against Personal Liberty

9(1) Confinement. Everyone commits a crime who confines another person without that other's consent.

9(2) Kidnapping. Everyone commits a crime who confines another person, without that other's consent, for the purpose of making him or some other person do or refrain from doing some act.

9(3) Child Abduction. Everyone commits a crime who takes or keeps a person under fourteen years of age, whether that person consents or not, for the purpose of depriving a parent, guardian or person who has lawful care or charge of that person or the possession of that person.

Chapter 10: Crimes Causing Danger

10(1) Endangering. Everyone commits a crime who causes a risk of death or serious harm to another person: (a) purposely; (b) recklessly; or (c) through negligence.

10(2) Failure to Rescue.

(a) General Rule. Everyone commits a crime who, perceiving another person in immediate danger of death or serious harm, does not take reasonable steps to assist him.

(b) Exception. Clause 10(2)(a) does not apply where the person cannot take reasonable steps to assist without risk of death or serious harm to himself or another person or where he has some other valid reason for not doing so.

10(3) Impeding Rescue. Everyone commits a crime who impedes the rescue of another person in danger of death or serious harm.

10(4) Endangering by Motor Vehicle, Etc. Everyone commits a crime who purposely, recklessly or negligently operates a means of transportation (other than one humanly powered) in such a way, or in such condition of disrepair, as to cause a risk of death or serious harm to another person.

10(5) Impaired or with More than Eighty Milligrams Alcohol in One Hundred Millilitres of Blood. Everyone commits a crone who operates or has care and control of a means of transportation (other than one humanly powered) when he knows or ought to know that his ability is impaired by alcohol or a drug, or that he has more than eighty milligrams of alcohol in one hundred millilitres of blood (see Code of Criminal Procedure).

10(6) Failure or Refusal to Provide Sample.

(a) General Rule. Everyone commits a crime who, after operating or having care and control of a means of transportation (other than one humanly powered), fails or refuses to comply with a request made pursuant to the Code of Criminal Procedure for a breath or blood sample suitable for determining the concentration of alcohol in the blood.

(b) Exception. No one is liable under this clause who has a reasonable excuse for failing or refusing to provide a proper sample.

10(7) Failure to Stop at Scene of Accident. Everyone commits a crime who, while operating or having care and control of a means of transportation (other than one humanly powered), is involved in an accident with another person or another's property and leaves the scene of the accident for the purpose of escaping civil or criminal liability.

10(8) Driving a Motor Vehicle While Disqualified. Everyone commits a crime who operates a means of transportation knowing that he is disqualified from driving on account of having committed a crime under this Code.

10(9) Interfering with Transportation Facilities. Everyone commits a crime who interferes with anything used for, or in connection with, or anyone engaged in, transportation, and thereby causes risk of death or serious harm to another person.

10(10) Aggravating Factors. The crimes in Chapters 7 to 10 are aggravated where appropriate if committed:

(a) pursuant to an agreement for valuable consideration;

(b) with torture;

(c) for the purpose of preparing, facilitating or concealing a crime or furthering an offender's escape from detection, arrest or conviction;

(d) for terrorist or political motives;

(e) with a weapon;

(f) by means which the accused knowingly or recklessly uses to harm more than one person; or

(g) knowingly against the offender's spouse, child, grandchild, parent or grandparent.

Part 2: Crimes against Personal Security and Privacy

Chapter 11: Unlawful Surveillance

11(1) Auditory Surveillance.

(a) General Rule. Everyone commits a crime who, without the consent of at least one of the parties to the communication, intercepts a private communication by meets of a surveillance device.

(b) Exception. This clause does not apply to anyone engaged is providing a telephone, telegraph or other communication service to the public who intercepts a private communication where it is a necessary incident of providing the service.

11(2) Unauthorized Entry of Private Premises. Everyone commits a crime who, without the consent of the owner or occupier, enters private premises for the purpose of installing, servicing or removing a surveillance or optical device.

11(3) Unauthorized Search of Private Premises. Everyone commits a crime who, being authorized to enter private premises for the purpose of installing, servicing or removing a surveillance or optical device, searches the premises.

11(4) Use of Force to Gain Entry. Notwithstanding clause 3(13), everyone commits a crime who uses force against a person for the purpose of gaining entry into private premises to install, remove or service a surveillance or optical device, or for the purpose of exiting from such premises.

11(5) Disclosure of Private Communications.

(a) General Rule. Everyone commits a crime who, without the consent of at least one of the parties to a private communication that has been intercepted by a surveillance device:

(i) discloses or threatens to disclose the existence or the contents of the communication; or

(ii) uses the contents of the communication.

(b) Exceptions. No one is liable under clause 11(5)(a) if the disclosure is:

(i) in the course of, or for the purpose of, giving evidence in a judicial proceeding where the private communication is admissible;

(ii) in the course of, or for the purpose of, any criminal investigation if the private communication was lawfully intercepted;

(iii) to a peace officer or to the Attorney General or his agent, if it is in the interests of the administration of justice;

(iv) for the purpose of giving notice or furnishing particulars in accordance with the Code of Criminal Procedure;

(v) to an employee of the Canadian Security Intelligence Service, if it is for the purpose of enabling the Service to perform its duties and functions;

(vi) in the course of the operation of a communication service; or

(vii) to an investigative or law enforcement officer in a foreign jurisdiction, if it tends to reveal a past, ongoing or prospective crime in such jurisdiction.

Chapter 12: Criminal Intrusion

12(1) Criminal Intrusion. Everyone commits a crime who enters or remains in another's premises without that other's consent: (a) for the purpose of committing a crime; or (b) does so and commits a crime.

12(2) Aggravated Criminal Intrusion. The crime defined in clause 12(1) is aggravated if: (a) the premises are a dwelling house; (b) the accused is reckless as to the presence of people in the premises; or (c) a weapon is carried.

TITLE III. Crimes against Property

Part 1: Crimes of Dishonesty

Chapter 13: Theft and Related Crimes

[Alternative 1]

13(1) Theft. Everyone commits a crime who dishonestly appropriates another's property without his consent.

13(2) Obtaining Services. Everyone commits a crime who dishonestly obtains for himself or another person services from a third party without full payment for them.

13(3) Fraud. Everyone commits a crime who dishonestly, by false representation or by non disclosure, induces another person to suffer an economic loss or risk thereof.

[Alternative 2]

13(1) Theft. Everyone commits a crime who appropriates another's property without his consent and without any right to do so.

13(2) Obtaining Services. Everyone commits a crime who, without any right to do so, obtains for himself or another person services from a third party without fully paying for them.

13(3) Fraud. Everyone commits a crime who, without any right to do so, by dishonest representation or dishonest non disclosure induces another person to suffer an economic loss or risk thereof.

Chapter 14: Forgery and Related Crimes

14(1) Forgery of Public Documents. Everyone commits a crime who forges or uses a forged:

(a) item of currency;

(b) stamp;

(c) public seal;

(d) exchequer bill;

(e) passport;

(f) certificate of citizenship;

(g) proclamation, order, regulation or appointment or notice thereof purporting to have been printed by the Queen's Printer for Canada or for a province; or

(h) public record.

14(2) Forgery of Other Documents. Everyone commits a crime who for the purpose of fraud, forges or uses a forged document, other than one falling within clause 14(1).

14(3) Fraudulent Documentary Misrepresentation. Everyone commits a crime who for the purpose of fraud:

(a) makes a document or valuable security that misrepresents such facts as it refers to; or

(b) uses such document or valuable security.

14(4) Obliteration of Identifying Marks. Everyone commits a crime who for the purpose of facilitating the commission of a crime, obliterates, simulates or applies any identifying mark.

Chapter 15: Commercial Frauds and Related Matters

15(1) Bribery of Agent. Everyone commits a crime who confers or agrees to confer a benefit on an agent for the purpose of corruptly influencing him in the performance of his functions as agent.

15(2) Agent Accepting Bribe. Everyone commits a crime who, being an agent, accepts or agrees to accept a benefit given in order to corruptly influence him in the performance of his functions as agent.

15(3) Disposal of Property to Defraud Creditors. Everyone commits a crime who transfers, conceals or disposes of his property for the purpose of defrauding his creditors.

15(4) Receipt of Property to Defraud Creditors. Everyone commits a crime who, for the purpose of defrauding creditors, receives property that has been transferred, concealed or disposed of for such purpose.

15(5) Criminal Lending. Everyone commits a crime who: (a) enters into an agreement or arrangement to receive interest at a criminal rate or (b) receives a payment or partial payment of interest at a criminal rate.

Part 2: Crimes of Violence and Damage

Chapter 16: Robbery

16(1) Robbery. Everyone commits a crime who for the purpose of, or in the course of, theft uses immediate violence or threats of immediate violence to person or property.

16(2) Aggravated Robbery. The crime in clause 16(1) is aggravated if committed with a weapon.

Chapter 17: Criminal Damage

17(1) Vandalism. Everyone commits a crime who, without another person's consent, damages that other's property or by physical interference renders it useless or inoperative: (a) purposely; or (b) recklessly.

17(2) Arson. Everyone commits a crime who, without another person's consent, causes a fire or explosion damaging or destroying that other's property: a) purposely; or (b) recklessly.

Part 3: Crimes of Possession

Chapter 18: Miscellaneous Property Crimes

18(1) Possession of Things in Suspicious Circumstances. Everyone commits a crime who possesses

(a) a device or instrument in such circumstances that the reasonable inference is that he used it or means to use it to commit:

(i) theft;

(ii) criminal intrusion;

(iii) forgery; or

(b) a weapon or explosive substance in such circumstances that the reasonable inference is that he used, or means to use it, to commit a crime against personal safety and liberty.

18(2) Possession of Prohibited Things. Everyone commits a crime who possesses:

(a) any exchequer bill paper, revenue paper or paper used to make bank notes; or

(b) any device capable of being used to intercept a private communication.

18(3) Possession of Things Dangerous in Themselves. Everyone commits a crime who possesses:

(a) a prohibited weapon, or

(b) an unregistered regulated weapon.

18(4) Possession of Forgeries. Everyone commits a crime who:

(a) possesses a forged public document falling under clause 14(1), or

(b) possesses for the purpose of fraud any other forged document.

18(5) Unauthorized Use of Canadian Passports and Certificates of Citizenship. Everyone commits a crime who uses as his own another person's Canadian passport or certificate of Canadian citizenship.

18(6) Possession of Things Obtained by Crime. Everyone commits a crime who has possession of any property or thing, or the proceeds of any property or thing, obtained by a crime committed in Canada or committed anywhere, if it would have been a crime in Canada.

18(7) Criminal Dealing. Everyone commits a crime who carries on a business of dealing in prohibited or unregistered regulated weapons or in things obtained by crime anywhere, if the crime would have been a crime in Canada.

TITLE IV. Crimes against the Natural Order

Chapter 19: Crimes against the Environment

19(1) Disastrous Damage to the Environment. Everyone commits a crime who recklessly causes disastrous damage to the environment.

[19(2) Non compliance. Everyone commits a crime who persistently refuses or fails to comply with federal regulations for environmental protection.]

Chapter 20: Crimes against Animals

20(1) Cruelty to Animals. Everyone commits a crime who unnecessarily causes injury or serious physical pain to an animal.

20(2) Exceptions: Necessary Measures. For the purpose of clause 20(1), no injury or serious physical pain is caused unnecessarily if it is a reasonably necessary means of achieving any of the following purposes:

(a) identification, medical treatment, spaying or neutering;

(b) provision of food or other animal products;

(c) hunting, trapping, fishing, and other sporting activities conducted in accordance with the lawful rules relating to them;

(d) pest, predator or disease control;

(e) protection of persons or property;

(f) scientific research unless the risk of injury or serious physical pain is disproportionate to the benefit expected from the research; and

(g) disciplining or training of an animal.

20(3) Sporting Events. Everyone commits a crime who organizes, facilitates or participates in any meeting, competition, exhibition, pastime or display involving baiting animals, combat between animals or killing captive animals.

20(4) Animal Neglect. Everyone commits a crime who fails to take reasonable steps to provide necessaries of life to an animal under his care and unable to provide itself with necessaries and thereby causes it injury or serious physical pain.

TITLE V. Crimes against the Social Order

Chapter 21: Crimes against Social Harmony

21(1) Stirring up Hatred. Everyone commits a crime who publicly stirs up hatred against any identifiable group.

21(2) Inciting Genocide. Everyone commits a crime who advocates, promotes or incites the destruction of any identifiable group.

[21(3) Stirring up Hatred in Public Place. Everyone commits a crime who publicly stirs up hatred against any identifiable group in a public place so as to cause risk of harm to the person or of serious damage to property.]

Chapter 22: Crimes against Public Order

22(1) Disturbing Public Order. Everyone commits a crime who so behaves in public as to make others in the vicinity reasonably fear harm to the person or serious damage to property.

22(2) Disturbing Public Order by Hatred. Everyone commits a crime who publicly stirs up hatred against any identifiable group in a public place so as to cause risk of harm to the person or serious damage to property.

22(3) Unlawful Assembly. Everyone commits a crime who jointly with two or more persons so behaves in public as to make others in the vicinity reasonably fear harm to the person or serious damage to property.

22(4) Riot. Everyone commits a crime who jointly with two or more persons so behaves in public as to make others in the vicinity reasonably fear harm to the person or serious damage to property and as to bring about such harm or serious damage.

22(5) Failure to Disperse. Everyone committing unlawful assembly or riot commits a crime who fails to disperse when lawfully ordered to do so.

22(6) Raising False Alarm. Everyone commits a crime who falsely alarms the public.

22(7) Public Nuisance. Everyone commits a crime who in a public place substantially and unreasonably either obstructs or inconveniences those exercising rights common to all members of the public.

22(8) Loitering. Everyone commits a crime who prowls or loiters at night on another's property near a dwelling house on that property.

TITLE VI. Crimes against the Governmental Order

Chapter 23: Corrupting Public Administration

23(1) Bribery. Everyone commits a crime who confers or agrees to confer a benefit on another person for the purpose of corruptly influencing the course of public administration.

23(2) Accepting Bribes. Everyone commits a crime who accepts or agrees to accept a benefit given for the purpose of corruptly influencing the course of public administration.

23(3) Breach of Public Trust. Every public official commits a crime who abuses his public powers.

Chapter 24: Misleading Public Administration

24(1) Perjury. Everyone commits a crime who makes a false solemn statement in a public proceeding for the purpose of influencing the outcome of such proceeding.

24(2) Other False Statements. Everyone commits a crime who, when required by law to make a solemn statement, makes a false solemn statement outside a public proceeding for the purpose of defeating the objective for which it is required.

24(3) Forging Documents or Fabricating Evidence. Everyone commits a crime who for the purpose of influencing the course of public administration:

(a) forges, destroys or conceals any document;

(b) fabricates, alters, destroys or conceals any real evidence; or

(c) in applying for a certificate of citizenship, passport, permit or other licence required pursuant to a federal or provincial statute, makes a false statement or withholds relevant information.

24(4) Using Forged Documents, Fabricated Evidence. Everyone commits a crime who for the purpose of influencing the course of public administration uses a forged document, a fabricated or altered item of real evidence, or a document listed in, and obtained in the circumstances described in, clause 24(3)(c).

24(5) Impersonation. Everyone commits a crime who impersonates another person, whether living, dead or fictitious, for the purpose of influencing the course of public administration.

24(6) Withholding Information. Everyone commits a crime who when applying for authority to execute process under the Code of Criminal Procedure withholds information for the purpose of obtaining that authority.

24(7) Misleading Public Officer.

(a) General Rule. Everyone commits a crime who misleads a public officer into beginning, continuing or ceasing an investigation into a crime or a federal or provincial infraction.

(b) Exception. This provision does not apply to a person who merely denies guilt.

Chapter 25: Obstructing Public Administration

25(1) Obstructing Public Officers. Everyone commits a crime who by physical interference or breach of legal duty obstructs a public officer in the lawful execution of his duty.

25(2) Disrupting Proceedings. Everyone commits a crime who substantially disrupts public proceedings.

25(3) Failing to Help Public Officers. Everyone commits a crime who fails, when reasonably requested to do so, to take reasonable steps to help a public officer in the execution of his duty to arrest a person.

25(4) Publishing Identities in Sexual Crimes.

(a) General Rule. Everyone commits a crime who, after proceedings have been initiated in relation to a sexual crime, publishes any information identifying

(i) a victim in the proceedings; or

(ii) a person under the age of eighteen who is a victim or witness in the proceedings.

(b) Exceptions. No one is liable

(i) under clause 25(4)(a) if a court orders that the person's identity may be published in order to permit the accused to make full answer and defence;

(ii) under clause 25(4)(a)(i) if the victim consents to the publication.

25(5) Publication in Violation of a Court Order. Everyone commits a crime who, in violation of a lawful court order, publishes

(a) any information identifying

(i) a victim whose safety is at risk,

(ii) a witness whose safety is at risk, or

(iii) a confidential informant;

(b) evidence, representations, or reasons given at a pretrial motion, judicial interim release hearing or preliminary inquiry;

(c) a notice, evidence, information, or representations given at a hearing to determine the admissibility of evidence concerning the sexual activity of a victim in a sexual crime;

(d) a notice, evidence, information, or representations given during a portion of a trial at which the jury was not present, if it was not sequestered; [or]

(e) the contents of court exhibits [;] [(f) any information identifying an accused, victim or witness in exceptional circumstances where substantial and extraordinary harm would result.]

25(6) Publishing Prejudicial Matters.

(a) General Rule. Everyone commits a crime who publishes any of the following matters while a civil or criminal trial is pending:

(i) a party's admission or an accused's statement;

(ii) an accused's criminal record;

(iii) the results of investigative tests or procedures conducted in relation to the proceedings;

(iv) psychological data about a party or an accused; or

(v) opinions about the liability of a party or an accused.

(b) Exceptions. No one is liable under clause 25(6)(a) if the publication:

(i) does not jeopardize the fairness of the trial;

(ii) is a fair and accurate report of the proceedings or the contents of a related court document; or

(iii) is part of a discussion in good faith of matters of public interest and the jeopardy to a fair trial is merely incidental to the discussion.

25(7) Disobeying Lawful Court Order. Everyone commits a crime who fails to:

(a) comply with the terms of an appearance notice, summons or subpoena issued or an undertaking entered into pursuant to the provisions of the Code of Criminal procedure; or

(b) obey a lawful order of a court, judge or justice of the peace other than an order for the payment of money or an order for which a sanction or an enforcement procedure is already expressly provided by law.

25(8) Bringing Justice into Contempt. Everyone commits a crime who publicly brings into contempt a court, a judge in his official capacity or the administration of civil or criminal justice.

25(9) Jury Offences. Everyone commits a crime who discloses information not revealed in open court regarding the proceedings of a jury in retirement other than for the purpose of:

(a) investigation or trial of a crime committed by a person in his capacity as a juror, or

(b) research concerning juries that has been approved by the Attorney General of the province.

25(10) Escape. Everyone commits a crime who (a) escapes from lawful arrest or imprisonment, or (b) is at large before the expiration of a term of imprisonment to which he was sentenced.

25(11) Obstructing the Course of Justice. Everyone commits a crime who, in any manner other than those dealt with under Title VI, obstructs, defeats or perverts the course of justice.

Chapter 26: Crimes against State Security

26(1) Treason. Every Canadian citizen and everyone benefitting from the protection of Canada commits a crime who

(a) engages in armed hostilities against Canada;

(b) helps a State engaged in armed hostilities against Canada;

(c) helps any armed forces against whom Canadian Forces are engaged in armed hostilities; (d) overthrows by force the constitutional Government of Canada or a province.

26(2) Failing to Prevent Treason.

(a) General Rule. Everyone commits a crime who fails to take reasonable steps to prevent the commission of treason or to inform a peace officer that treason has been committed.

(b) Exception. Clause 26(2)(a) does not apply where the person cannot take such reasonable steps without risk of death or serious harm to himself or another person or where he has some other valid reason for not doing so.

26(3) Espionage. Everyone commits a crime who gathers classified information for, or makes it available to, another State not engaged in armed hostilities with Canada.

26(4) Gathering and Disclosing Information. Everyone commits a crime who gathers classified information for, or makes it available to, any person not authorized to receive it.

26(5) Exception. Clauses 26(3) and 26(4) do not apply where the information subject of the charge was improperly classified.

26(6) Sabotage. Everyone commits a crime who by damaging property or data jeopardizes the security of Canada or of the forces of a foreign State lawfully present in Canada.