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Effect of judicial acts
3.1 (1) Unless otherwise provided or ordered, anything done by a court, justice or judge is effective from the moment it is done, whether or not it is reduced to writing.
Clerk of the court
(2) Unless otherwise provided or ordered, if anything is done from the bench by a court, justice or judge and it is reduced to writing, the clerk of the court may sign the writing.
Annotations
- Part I
Postcard a chattel, value
4 (1) For the purposes of this Act, a postal card or stamp referred to in paragraph (c) of the definition property in section 2 shall be deemed to be a chattel and to be equal in value to the amount of the postage, rate or duty expressed on its face.
Value of valuable security
(2) For the purposes of this Act, the following rules apply for the purpose of determining the value of a valuable security where value is material:
(a) where the valuable security is one mentioned in paragraph (a) or (b) of the definition valuable security in section 2, the value is the value of the share, interest, deposit or unpaid money, as the case may be, that is secured by the valuable security;
(b) where the valuable security is one mentioned in paragraph (c) or (d) of the definition valuable security in section 2, the value is the value of the lands, goods, chattel personal or interest in the chattel personal, as the case may be; and
(c) where the valuable security is one mentioned in paragraph (e) of the definition valuable security in section 2, the value is the amount of money that has been paid.
Possession
(3) For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person, or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
Expressions taken from other Acts
(4) Where an offence that is dealt with in this Act relates to a subject that is dealt with in another Act, the words and expressions used in this Act with respect to that offence have, subject to this Act, the meaning assigned to them in that other Act.
Sexual intercourse
(5) For the purposes of this Act, sexual intercourse is complete on penetration to even the slightest degree, notwithstanding that seed is not emitted.
Proof of notifications and service of documents
(6) For the purposes of this Act, the service of any document and the giving or sending of any notice may be proved
(a) by oral evidence given under oath by, or by the affidavit or solemn declaration of, the person claiming to have served, given or sent it; or
(b) in the case of a peace officer, by a statement in writing certifying that the document was served or the notice was given or sent by the peace officer, and such a statement is deemed to be a statement made under oath.
Proof of service in accordance with provincial laws
(6.1) Despite subsection (6), the service of documents may be proved in accordance with the laws of a province relating to offences created by the laws of that province.
Attendance for examination
(7) Despite subsection (6) or (6.1), the court may require the person who appears to have signed an affidavit, a solemn declaration or a statement in accordance with that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service or of the giving or sending of any notice.
Means of telecommunication
(8) For greater certainty, for the purposes of this Act, if the elements of an offence contain an explicit or implicit element of communication without specifying the means of communication, the communication may also be made by a means of telecommunication.
Annotations
- Part I
Canadian Forces not affected
5 Nothing in this Act affects any law relating to the government of the Canadian Forces.
Annotations
- Part I
Presumption of innocence
6 (1) Where an enactment creates an offence and authorizes a punishment to be imposed in respect of that offence,
(a) a person shall be deemed not to be guilty of the offence until he is convicted or discharged under section 730 of the offence; and
(b) a person who is convicted or discharged under section 730 of the offence is not liable to any punishment in respect thereof other than the punishment prescribed by this Act or by the enactment that creates the offence.
Offences outside Canada
(2) Subject to this Act or any other Act of Parliament, no person shall be convicted or discharged under section 730 of an offence committed outside Canada.
Definition of enactment
(3) In this section, enactment means
(a) an Act of Parliament, or
(b) an Act of the legislature of a province that creates an offence to which Part XXVII applies,
or any regulation made thereunder.
Annotations
- Part I
Offences committed on aircraft
7 (1) Notwithstanding anything in this Act or any other Act, every one who
(a) on or in respect 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, or
(b) on any aircraft, while the aircraft is in flight if the flight terminated in Canada,
commits an act or omission in or outside Canada that if committed in Canada would be an offence punishable by indictment shall be deemed to have committed that act or omission in Canada.
Idem
(2) Notwithstanding this Act or any other Act, every one who
(a) on an aircraft, while the aircraft is in flight, commits an act or omission outside Canada that if committed in Canada or on an aircraft registered in Canada under regulations made under the Aeronautics Act would be an offence against section 76 or paragraph 77(a),
(b) in relation to an aircraft in service, commits an act or omission outside Canada that if committed in Canada would be an offence against any of paragraphs 77(c), (d) or (g),
(c) in relation to an air navigation facility used in international air navigation, commits an act or omission outside Canada that if committed in Canada would be an offence against paragraph 77(e),
(d) at or in relation to an airport serving international civil aviation, commits an act or omission outside Canada that if committed in Canada would be an offence against paragraph 77(b) or (f), or
(e) commits an act or omission outside Canada that if committed in Canada would constitute a conspiracy or an attempt to commit an offence referred to in this subsection, or being an accessory after the fact or counselling in relation to such an offence,
shall be deemed to have committed that act or omission in Canada if the person is, after the commission thereof, present in Canada.
Offences in relation to cultural property
(2.01) Despite anything in this Act or any other Act, a person who commits an act or omission outside Canada that if committed in Canada would constitute an offence under section 322, 341, 344, 380, 430 or 434 in relation to cultural property as defined in Article 1 of the Convention, or a conspiracy or an attempt to commit such an offence, or being an accessory after the fact or counselling in relation to such an offence, is deemed to have committed that act or omission in Canada if the person
(a) is a Canadian citizen;
(b) is not a citizen of any state and ordinarily resides in Canada; or
(c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and is, after the commission of the act or omission, present in Canada.
Definition of Convention
(2.02) For the purpose of subsection (2.01), Convention means the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on May 14, 1954. Article 1 of the Convention is set out in the schedule to the Cultural Property Export and Import Act.
Offences against fixed platforms or international maritime navigation
(2.1) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada against or on board a fixed platform attached to the continental shelf of any state or against or on board a ship navigating or scheduled to navigate beyond the territorial sea of any state, that if committed in Canada would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 78.1, shall be deemed to commit that act or omission in Canada if it is committed
(a) against or on board a fixed platform attached to the continental shelf of Canada;
(b) against or on board a ship registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(c) by a Canadian citizen;
(d) by a person who is not a citizen of any state and who ordinarily resides in Canada;
(e) by a person who is, after the commission of the offence, present in Canada;
(f) in such a way as to seize, injure or kill, or threaten to injure or kill, a Canadian citizen; or
(g) in an attempt to compel the Government of Canada to do or refrain from doing any act.
Offences against fixed platforms or navigation in the internal waters or territorial sea of another state
(2.2) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada against or on board a fixed platform not attached to the continental shelf of any state or against or on board a ship not navigating or scheduled to navigate beyond the territorial sea of any state, that if committed in Canada would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 78.1, shall be deemed to commit that act or omission in Canada
(a) if it is committed as described in any of paragraphs (2.1)(b) to (g); and
(b) if the offender is found in the territory of a state, other than the state in which the act or omission was committed, that is
(i) a party to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988, in respect of an offence committed against or on board a ship, or
(ii) a party to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on March 10, 1988, in respect of an offence committed against or on board a fixed platform.
Nuclear terrorism offence committed outside Canada
(2.21) Despite anything in this Act or any other Act, everyone who commits an act or omission outside Canada that if committed in Canada would constitute an offence under any of sections 82.3 to 82.6, or a conspiracy or attempt to commit such an offence, or being an accessory after the fact or counselling in relation to such an offence, is deemed to have committed that act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under any Act of Parliament;
(b) the act or omission is committed on an aircraft that
(i) is registered in Canada under regulations made under the Aeronautics Act, or
(ii) is 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 in Canada under those regulations;
(c) the person who commits the act or omission is a Canadian citizen; or
(d) the person who commits the act or omission is, after the commission of the act or omission, present in Canada.
Space Station — Canadian crew members
(2.3) Despite anything in this Act or any other Act, a Canadian crew member who, during a space flight, commits an act or omission outside Canada that if committed in Canada would constitute an indictable offence is deemed to have committed that act or omission in Canada, if that act or omission is committed
(a) on, or in relation to, a flight element of the Space Station; or
(b) on any means of transportation to or from the Space Station.
Space Station — crew members of Partner States
(2.31) Despite anything in this Act or any other Act, a crew member of a Partner State who commits an act or omission outside Canada during a space flight on, or in relation to, a flight element of the Space Station or on any means of transportation to and from the Space Station that if committed in Canada would constitute an indictable offence is deemed to have committed that act or omission in Canada, if that act or omission
(a) threatens the life or security of a Canadian crew member; or
(b) is committed on or in relation to, or damages, a flight element provided by Canada.
(2.32) [Repealed, 2019, c. 25, s. 4]
Consent of Attorney General of Canada
(2.33) No proceedings in relation to an offence referred to in subsection (2.3) or (2.31) may be instituted without the consent of the Attorney General of Canada.
Definitions
(2.34) The definitions in this subsection apply in this subsection and in subsections (2.3) and (2.31).
Agreement has the same meaning as in section 2 of the Civil International Space Station Agreement Implementation Act. (Accord)
Canadian crew member means a crew member of the Space Station who is
(a) a Canadian citizen; or
(b) a citizen of a foreign state, other than a Partner State, who is authorized by Canada to act as a crew member for a space flight on, or in relation to, a flight element. (membre d’équipage canadien)
crew member of a Partner State means a crew member of the Space Station who is
(a) a citizen of a Partner State; or
(b) a citizen of a state, other than that Partner State, who is authorized by that Partner State to act as a crew member for a space flight on, or in relation to, a flight element. (membre d’équipage d’un État partenaire)
flight element means a Space Station element provided by Canada or by a Partner State under the Agreement and under any memorandum of understanding or other implementing arrangement entered into to carry out the Agreement. (élément de vol)
Partner State means a State, other than Canada, who contracted to enter into the Agreement and for which the Agreement has entered into force in accordance with article 25 of the Agreement. (État partenaire)
space flight means the period that begins with the launching of a crew member of the Space Station, continues during their stay in orbit and ends with their landing on earth. (vol spatial)
Space Station means the civil international Space Station that is a multi-use facility in low-earth orbit, with flight elements and dedicated ground elements provided by, or on behalf of, the Partner States. (station spatiale)
Offence against internationally protected person
(3) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission against the person of an internationally protected person or against any property referred to in section 431 used by that person that, if committed in Canada, would be an offence against any of sections 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279, 279.1, 280 to 283, 424 and 431 is deemed to commit that act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(b) the act or omission is committed on 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 in Canada under those regulations;
(c) the person who commits the act or omission is a Canadian citizen or is, after the act or omission has been committed, present in Canada; or
(d) the act or omission is against
(i) a person who enjoys the status of an internationally protected person by virtue of the functions that person performs on behalf of Canada, or
(ii) a member of the family of a person described in subparagraph (i) who qualifies under paragraph (b) or (d) of the definition internationally protected person in section 2.
Offence of hostage taking
(3.1) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 279.1 shall be deemed to commit that act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(b) the act or omission is committed on 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 in Canada under such regulations;
(c) the person who commits the act or omission
(i) is a Canadian citizen, or
(ii) is not a citizen of any state and ordinarily resides in Canada;
(d) the act or omission is committed with intent to induce Her Majesty in right of Canada or of a province to commit or cause to be committed any act or omission;
(e) a person taken hostage by the act or omission is a Canadian citizen; or
(f) the person who commits the act or omission is, after the commission thereof, present in Canada.
(3.2) to (3.6) [Repealed, 2013, c. 13, s. 3]
Jurisdiction
(3.7) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, being an accessory after the fact in relation to an offence against, or any counselling in relation to an offence against, section 269.1 shall be deemed to commit that act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(b) the act or omission is committed on 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 in Canada under those regulations;
(c) the person who commits the act or omission is a Canadian citizen;
(d) the complainant is a Canadian citizen; or
(e) the person who commits the act or omission is, after the commission thereof, present in Canada.
Offence against United Nations or associated personnel
(3.71) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission against a member of United Nations personnel or associated personnel or against property referred to in section 431.1 that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279, 279.1, 424.1 or 431.1 is deemed to commit that act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under an Act of Parliament;
(b) the act or omission is committed on 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 in Canada under those regulations;
(c) the person who commits the act or omission
(i) is a Canadian citizen, or
(ii) is not a citizen of any state and ordinarily resides in Canada;
(d) the person who commits the act or omission is, after the commission of the act or omission, present in Canada;
(e) the act or omission is committed against a Canadian citizen; or
(f) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act.
Offence involving explosive or other lethal device
(3.72) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 431.2 is deemed to commit that act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under any Act of Parliament;
(b) the act or omission is committed on an aircraft
(i) registered in Canada under regulations made under the Aeronautics Act,
(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 in Canada under those regulations, or
(iii) operated for or on behalf of the Government of Canada;
(c) the person who commits the act or omission
(i) is a Canadian citizen, or
(ii) is not a citizen of any state and ordinarily resides in Canada;
(d) the person who commits the act or omission is, after the commission of the act or omission, present in Canada;
(e) the act or omission is committed against a Canadian citizen;
(f) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act; or
(g) the act or omission is committed against a Canadian government or public facility located outside Canada.
Offence relating to financing of terrorism
(3.73) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 83.02 is deemed to commit the act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under an Act of Parliament;
(b) the act or omission is committed on 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 the owner of an aircraft in Canada under those regulations;
(c) the person who commits the act or omission
(i) is a Canadian citizen, or
(ii) is not a citizen of any state and ordinarily resides in Canada;
(d) the person who commits the act or omission is, after its commission, present in Canada;
(e) the act or omission is committed for the purpose of committing an act or omission referred to in paragraph 83.02(a) or (b) in order to compel the Government of Canada or of a province to do or refrain from doing any act;
(f) the act or omission is committed for the purpose of committing an act or omission referred to in paragraph 83.02(a) or (b) against a Canadian government or public facility located outside Canada; or
(g) the act or omission is committed for the purpose of committing an act or omission referred to in paragraph 83.02(a) or (b) in Canada or against a Canadian citizen.
Terrorism offence committed outside Canada
(3.74) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada that, if committed in Canada, would be a terrorism offence, other than an offence under section 83.02 or an offence referred to in paragraph (a) of the definition terrorist activity in subsection 83.01(1), is deemed to have committed that act or omission in Canada if the person
(a) is a Canadian citizen;
(b) is not a citizen of any state and ordinarily resides in Canada; or
(c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and is, after the commission of the act or omission, present in Canada.
Terrorist activity committed outside Canada
(3.75) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada that, if committed in Canada, would be an indictable offence and would also constitute a terrorist activity referred to in paragraph (b) of the definition terrorist activity in subsection 83.01(1) is deemed to commit that act or omission in Canada if
(a) the act or omission is committed against a Canadian citizen;
(b) the act or omission is committed against a Canadian government or public facility located outside Canada; or
(c) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act.
(3.76) and (3.77) [Repealed, 2000, c. 24, s. 42]
Offences by Public Service employees
(4) Every one who, while employed as an employee within the meaning of the Public Service Employment Act in a place outside Canada, commits an act or omission in that place that is an offence under the laws of that place and that, if committed in Canada, would be an offence punishable by indictment shall be deemed to have committed that act or omission in Canada.
Offence in relation to sexual offences against children
(4.1) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 151, 152, 153 or 155, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1, 172.2 or 173 or subsection 286.1(2) shall be deemed to commit that act or omission in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.
Offence in relation to trafficking in persons
(4.11) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 279.01, 279.011, 279.02 or 279.03 shall be deemed to commit that act or omission in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.
(4.2) [Repealed, 2002, c. 13, s. 3]
Consent of Attorney General
(4.3) Proceedings with respect to an act or omission deemed to have been committed in Canada under subsection (4.1) may only be instituted with the consent of the Attorney General.
Jurisdiction
(5) Where a person is alleged to have committed an act or omission that is an offence by virtue of 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.
Appearance of accused at trial
(5.1) 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 (5).
If previously tried outside Canada
(6) If a person is alleged to have committed an act or omission that is an offence by virtue of this section and that person has been tried and dealt with outside Canada in respect of the offence in such a manner that, if that person had been tried and dealt with in Canada, they would be able to plead autrefois acquit,autrefois convict, pardon or an expungement order under the Expungement of Historically Unjust Convictions Act, that person shall be deemed to have been so tried and dealt with in Canada.
If accused not Canadian citizen
(7) If the accused is not a Canadian citizen, no proceedings in respect of which courts have jurisdiction by virtue of this section shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced.
Definition of flight and in flight
(8) For the purposes of this section, of the definition peace officer in section 2 and of sections 27.1, 76 and 77, flight means the act of flying or moving through the air and an aircraft is deemed to be in flight from the time when all external doors are closed following embarkation until the later of
(a) the time at which any such door is opened for the purpose of disembarkation, and
(b) where the aircraft makes a forced landing in circumstances in which the owner or operator thereof or a person acting on behalf of either of them is not in control of the aircraft, the time at which control of the aircraft is restored to the owner or operator thereof or a person acting on behalf of either of them.
Definition of in service
(9) For the purposes of this section and section 77, an aircraft shall be deemed to be in service from the time when pre-flight preparation of the aircraft by ground personnel or the crew thereof begins for a specific flight until
(a) the flight is cancelled before the aircraft is in flight,
(b) twenty-four hours after the aircraft, having commenced the flight, lands, or
(c) the aircraft, having commenced the flight, ceases to be in flight,
whichever is the latest.
Certificate as evidence
(10) In any proceedings under this Act, a certificate purporting to have been issued by or under the authority of the Minister of Foreign Affairs is admissible in evidence without proof of the signature or authority of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the facts it states that are relevant to the question of whether any person is a member of United Nations personnel, a member of associated personnel or a person who is entitled under international law to protection from attack or threat of attack against his or her person, freedom or dignity.
Idem
(11) A certificate purporting to have been issued by or under the authority of the Minister of Foreign Affairs stating
(a) that at a certain time any state was engaged in an armed conflict against Canada or was allied with Canada in an armed conflict,
(b) that at a certain time any convention, treaty or other international agreement was or was not in force and that Canada was or was not a party thereto, or
(c) that Canada agreed or did not agree to accept and apply the provisions of any convention, treaty or other international agreement in an armed conflict in which Canada was involved,
is admissible in evidence in any proceedings without proof of the signature or authority of the person appearing to have issued it, and is proof of the facts so stated.
Annotations
- Part I
Application to territories
8 (1) The provisions of this Act apply throughout Canada except
(a) in Yukon, in so far as they are inconsistent with the Yukon Act;
(b) in the Northwest Territories, in so far as they are inconsistent with the Northwest Territories Act; and
(c) in Nunavut, in so far as they are inconsistent with the Nunavut Act.
Application of criminal law of England
(2) The criminal law of England that was in force in a province immediately before April 1, 1955 continues in force in the province except as altered, varied, modified or affected by this Act or any other Act of the Parliament of Canada.
Common law principles continued
(3) Every rule and principle of the common law that renders any circumstance a justification or excuse for an act or a defence to a charge continues in force and applies in respect of proceedings for an offence under this Act or any other Act of Parliament except in so far as they are altered by or are inconsistent with this Act or any other Act of Parliament.
Annotations
- Part I
Criminal offences to be under law of Canada
9 Notwithstanding anything in this Act or any other Act, no person shall be convicted or discharged under section 730
(a) of an offence at common law,
(b) of an offence under an Act of the Parliament of England, or of Great Britain, or of the United Kingdom of Great Britain and Ireland, or
(c) of an offence under an Act or ordinance in force in any province, territory or place before that province, territory or place became a province of Canada,
but nothing in this section affects the power, jurisdiction or authority that a court, judge, justice or provincial court judge had, immediately before April 1, 1955, to impose punishment for contempt of court.
Annotations
- Part I
Appeal
10 (1) Where a court, judge, justice or provincial court judge summarily convicts a person for a contempt of court committed in the face of the court and imposes punishment in respect thereof, that person may appeal
(a) from the conviction; or
(b) against the punishment imposed.
Idem
(2) Where a court or judge summarily convicts a person for a contempt of court not committed in the face of the court and punishment is imposed in respect thereof, that person may appeal
(a) from the conviction; or
(b) against the punishment imposed.
Part XXI applies
(3) An appeal under this section lies to the court of appeal of the province in which the proceedings take place, and, for the purposes of this section, the provisions of Part XXI apply, with such modifications as the circumstances require.
Annotations
- Part I
Civil remedy not suspended
11 No civil remedy for an act or omission is suspended or affected by reason that the act or omission is a criminal offence.
Annotations
- Part I
Offence punishable under more than one Act
12 Where an act or omission is an offence under more than one Act of Parliament, whether punishable by indictment or on summary conviction, a person who does the act or makes the omission is, unless a contrary intention appears, subject to proceedings under any of those Acts, but is not liable to be punished more than once for the same offence.
Annotations
- Part I
Child under twelve
13 No person shall be convicted of an offence in respect of an act or omission on his part while that person was under the age of twelve years.
Annotations
- Part I
Consent to death
14 No person is entitled to consent to have death inflicted on them, and such consent does not affect the criminal responsibility of any person who inflicts death on the person who gave consent.
Annotations
- Part I
Obedience to de facto law
15 No person shall be convicted of an offence in respect of an act or omission in obedience to the laws for the time being made and enforced by persons in de facto possession of the sovereign power in and over the place where the act or omission occurs.
Annotations
- Part I
Defence of mental disorder
16 (1) No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong.
Presumption
(2) Every person is presumed not to suffer from a mental disorder so as to be exempt from criminal responsibility by virtue of subsection (1), until the contrary is proved on the balance of probabilities.
Burden of proof
(3) The burden of proof that an accused was suffering from a mental disorder so as to be exempt from criminal responsibility is on the party that raises the issue.
Annotations
- Part I
Compulsion by threats
17 A person who commits an offence under compulsion by threats of immediate death or bodily harm from a person who is present when the offence is committed is excused for committing the offence if the person believes that the threats will be carried out and if the person is not a party to a conspiracy or association whereby the person is subject to compulsion, but this section does not apply where the offence that is committed is high treason or treason, murder, piracy, attempted murder, sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, aggravated sexual assault, forcible abduction, hostage taking, robbery, assault with a weapon or causing bodily harm, aggravated assault, unlawfully causing bodily harm, arson or an offence under sections 280 to 283 (abduction and detention of young persons).
Annotations
- Part I
Compulsion of spouse
18 No presumption arises that a married person who commits an offence does so under compulsion by reason only that the offence is committed in the presence of the spouse of that married person.
Annotations
- Part I
Ignorance of the law
19 Ignorance of the law by a person who commits an offence is not an excuse for committing that offence.
Annotations
- Part I
Certain acts on holidays valid
20 A warrant, summons, appearance notice, undertaking, release order or recognizance that is authorized by this Act may be executed, issued, given or entered into, as the case may be, on a holiday.
Annotations
- Part I
Parties to offence
21 (1) Every one is a party to an offence who
(a) actually commits it;
(b) does or omits to do anything for the purpose of aiding any person to commit it; or
(c) abets any person in committing it.
Common intention
(2) Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to that offence.
Annotations
Section 21(1)
- This is the first annotation for this section
Person counselling offence
22 (1) Where a person counsels another person to be a party to an offence and that other person is afterwards a party to that offence, the person who counselled is a party to that offence, notwithstanding that the offence was committed in a way different from that which was counselled.
Idem
(2) Every one who counsels another person to be a party to an offence is a party to every offence that the other commits in consequence of the counselling that the person who counselled knew or ought to have known was likely to be committed in consequence of the counselling.
Definition of counsel
(3) For the purposes of this Act, counsel includes procure, solicit or incite.
Annotations
- Part I