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Amendment in this year: An Act to amend the Criminal Code, S.C. 1909, c. 9. Received Royal Assent 19th May, 1909.
1909
Criminal Code, R.S.C. 1906, c. 146.
INTERPRETATION.
[Carnal knowledge.]
7. Carnal knowledge is complete upon penetration to any, even the slightest degree, and even without the emission of seed. 55-56 V., c. 29, s. 266.
PART V.
OFFENCES AGAINST RELIGION, MORALS AND PUBLIC CONVENIENCE.
[Definitions.]
197. In this Part, unless the context otherwise requires,—
[...]
(b) "guardian" includes any person who has in law or in fact the custody or control of any girl or child referred to;
(c) "public place" includes any open place to which the public have or are permitted to have access and any place of public resort.
57-58 V., c. 57, s. 1; 63-64 V., c. 46, s. 3; 3 E. VII., c. 13, s. 2.
Offences Against Morality
[Buggery.]
202. Every one is guilty of an indictable offence and liable to imprisonment for life who commits buggery, either with a human being or with any other
living creature. 55-56 V., c. 29, s. 174.
[Attempt to commit.]
203. Every one is guilty of an indictable offence and liable to ten years’ imprisonment who attempts to commit the offence mentioned in the last
preceding section. 55-56 V., c. 29, s. 175.
[Incest.]
204. Every parent and child, every brother and sister, and every grandparent and grandchild, who cohabit or have sexual intercourse with each other, shall each of them, if aware of their consanguinity,
be deemed to have committed incest, and be guilty of an indictable offence and liable to fourteen years’ imprisonment, and the male person shall also be liable to be whipped:
[Effect of compulsion.]
Provided that, if the court or
judge is of opinion that the female accused is a party to such intercourse only by reason of the restraint, fear or duress of the other party, the court or judge shall not be bound to impose any punishment on
such person under this section. 55-56 v., c. 29, s. 176.
[Indecent acts.]
205. Every one is guilty of an offence and liable, on summary conviction before two justices, to a fine of fifty dollars or to six months’ imprisonment with or without hard labour, or to both fine and
imprisonment, who wilfully,—
[In public places.]
(a) in the presence of one or more persons does any indecent act in any place to which the public have or are permitted to have access; or,
[As an insult.]
(b) does any indecent act in any place intending thereby to insult or offend any person. 53 V., c. 37, s. 6; 55-56 V., c. 29, s. 177.
[Acts of gross indecency.]
206. Every male person is guilty of an indictable offence and liable to five years’ imprisonment and to be whipped who, in public or private, commits, or is a party to the commission of, or procures or
attempts to procure the commission by any male person of, any act of gross indecency with another male person. 55-56 V., c. 29, s. 178.
[Burden of proof.]
210. The burden of proof of previous unchastity on the part of the girl or woman under the three next succeeding sections shall be upon the accused.
63-64 V., c. 46, s. 3.
[Seduction of girls between fourteen and sixteen.]
211. Every one is guilty of an indictable offence and liable to two years’ imprisonment who seduces or has illicit connection with any girl of previously chaste character, of or above the age of fourteen
years and under the age of sixteen years. 55-56 V., c. 29, s. 181; 56 V., c. 32, s. 1.
[Seduction under promise of marriage.]
212. Every one, above the age of twenty-one years, is guilty of an indictable offence and liable to two years’ imprisonment who, under promise of marriage, seduces and has illicit connection with any
unmarried female of previously chaste character and under twenty-one years of age. 55-56 V., c. 29, s. 182.
[Penalty.]
213. Every one is guilty of an indictable offence and liable to two years’ imprisonment,—
[Seducing ward.]
(a) who, being a guardian, seduces or has illicit connection with his ward; or
[Seducing female employee.]
(b) who seduces or has illicit connection with any woman or girl previously chaste and under the age of twenty-one years who is in his employment in a factory, mill, workshop,
shop or store, or who, being in a common, but not necessarily similar, employment with him in such factory, mill, workshop, shop or store, is, in respect of her employment or work in such factory,
mill, workshop, shop or store, under or in any way subject to his control or direction, or receives her wages or salary directly or indirectly from him. 63-64 V., c. 46, s. 3.
[Seducing female passengers on vessels.]
214. Every one is guilty of an indictable offence and liable to a fine of four hundred dollars or to one year’s imprisonment, who, being the master or other officer or a seaman or other person employed on
board of any vessel, while such vessel is in any water within the jurisdiction of the Parliament of Canada, under promise of marriage, or by threats, or by the exercise of his authority, or by solicitation, or the
making of gifts or presents, seduces and has illicit connection with any female passenger.
[Marriage a defence.]
2. The subsequent intermarriage of the seducer and the seduced is, if pleaded, a good defence to any indictment for any offence against this or either of the two last preceding sections,
except in the case of a guardian seducing his ward. 55-56 V., c. 29, s. 184.
[Parent or guardian procuring or party to defilement of girl or woman.]
215. Every one who, being the parent or guardian of any girl or woman,—
(a) procures such girl or woman to have carnal connection with any man other than the procurer; or
(b) orders, is party to, permits or knowingly receives the avails of, the defilement, seduction or prostitution of such girl or woman;
[Penalty.]
is guilty of an indictable offence, and liable to fourteen years’ imprisonment, if such girl or woman is under the age of fourteen years, and if such girl or woman is of or above the age of fourteen years, to five
years’ imprisonment. 55-56 V., c. 29, s. 186.
[Penalty.]
216. Every one is guilty of an indictable offence and liable to five years’ imprisonment with hard labour, who,—
[Procuring girl for defilement.]
(a) procures, or attempts to procure, any girl or woman under twenty-one years of age, not being a common prostitute or of known immoral character, to have unlawful carnal
connection, either within or without Canada, with any other person or persons; or,
[Enticing girl to house of ill-fame.]
(b) inveigles or entices any such woman or girl to a house of ill-fame or assignation for the purpose of illicit intercourse or prostitution, or knowingly conceals in such house any
such woman or girl so inveigled or enticed; or,
[Procuring girl for prostitution.]
(c) procures, or attempts to procure, any woman or girl to become, either within or without Canada, a common prostitute; or,
[To leave Canada for the purpose.]
(d) procures, or attempts to procure, any woman or girl to leave Canada with intent that she may become an inmate of a brothel elsewhere; or
[To come into Canada for the purpose.]
(e) procures any woman or girl to come to Canada from abroad with intent that she may become an inmate of a brothel in Canada; or,
[To leave her abode for the purpose.]
(f) procures, or attempts to procure, any woman or girl to leave her usual place of abode in Canada, such place not being a brothel, with intent that she may become an inmate of
a brothel, within or without Canada; or
[Carnal connection by threats.]
(g) by threats or intimidation procures, or attempts to procure, any woman or girl to have any unlawful carnal connection, either within or without Canada; or,
[By false pretenses.]
(h) by false pretenses or false representations procures any woman or girl, not being a common prostitute or of known immoral character, to have any unlawful carnal connection,
either within or without Canada; or,
[Administering drugs for the purpose.]
(i) applies, administers to, or causes to be taken by any woman or girl any drug, intoxicating liquor, matter, or thing with intent to stupefy or overpower so as thereby to enable any
person to have unlawful carnal connection with such woman or girl. 55-56 V., c. 29, s. 185.
Note: the penalty under section 216 was increased from two years to five years by An Act to amend the Criminal Code, S.C. 1909, c. 9,
s. 2.
[Householder permitting defilement.]
217. Every one who, being the owner or occupier of any premises, or having, or acting or assisting in, the management or control thereof, induces or knowingly suffers any girl under the age of eighteen
years to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man, or generally,
is guilty of an indictable offence, and is liable,—
[Penalty. Age.]
(a) to ten years’ imprisonment if such girl is under the age of fourteen years;
[Penalty. Age.]
(b) to two years’ imprisonment if such girl is of or above the age of fourteen years. 63-64 V., c. 46, s. 3.
[Conspiracy to defile.]
218. Every one is guilty of an indictable offence and liable to two years’ imprisonment who conspires with any other person by false pretenses, or false representations or other fraudulent means to induce
any woman to commit adultery or fornication. 55-56 V., c. 29, s. 188.
[Carnally knowing idiots.]
219. Every one is guilty of an indictable offence and liable to four years’ imprisonment who unlawfully and carnally knows, or attempts to have unlawful carnal knowledge of, any female idiot or imbecile,
insane or deaf and dumb woman or girl, under circumstances which do not amount to rape but where the offender knew or had good reason to believe, at the time of the offence, that the woman or girl was
an idiot, or imbecile, or insane or deaf and dumb. 63-64 V., c. 46, s. 3.
PART VI
OFFENCES AGAINST THE PERSON AND REPUTATION
Interpretation
[Definitions.]
240. In this Part, unless the context otherwise requires,—
(b) "guardian" includes any person who has in law or in fact the custody or control of any child referred to;
Assaults
[Offence. Penalty.]
292. Every one is guilty of an indictable offence and liable to two years’ imprisonment, and to be whipped, who,—
[Indecent assault on female.]
(a) indecently assaults any female; or,
[Consent procured by fraud.]
(b) does anything to any female by her consent which but for such consent would be an indecent assault, if such consent is obtained by false and fraudulent representations as
to the nature and quality of the act.
[Assaults on females.]
(c) assaults and beats his wife or any other female and thereby occasions her actual bodily harm. [55-56 V., c. 29, s. 259.]
Note: subsection (c) was added by An Act to amend the Criminal Code, S.C. 1909, c. 9, s. 2.
[Indecent assault on males.]
293. Every one is guilty of an indictable offence and liable to ten years’ imprisonment, and to be whipped, who assaults any person with intent to commit sodomy or who, being a male, indecently assaults
any other male person. 55-56 V., c. 29, s. 260; 56 V., c. 32, s. 1.
[Consent of child under fourteen no defence.]
294. It is no defence to a charge or indictment for any indecent assault on a young person under the age of fourteen years to prove that he or she consented to the act of indecency. 55-56 V., c. 29, s. 261.
Unlawful Carnal Knowledge
[Rape defined. Age.]
298. Rape is the act of a man having carnal knowledge of a woman who is not his wife without her consent, or with consent which has been extorted by threats or fear of bodily harm, or obtained by
personating the woman’s husband, or by false and fraudulent representations as to the nature and quality of the act.
2. No one under the age of fourteen years can commit this offence. 55-56 V., c. 29, s. 266.
[Punishment for rape.]
299. Every one who commits rape is guilty of an indictable offence and liable to suffer death or to imprisonment for life. 55-56 V., c. 29, s. 267.
[Punishment for attempt.]
300. Every one is guilty of an indictable offence and liable to seven years’ imprisonment who attempts to commit rape. 55-56 V., c. 29, s. 268.
[Carnally knowing girl under fourteen years.]
301. Every one is guilty of an indictable offence and liable to imprisonment for life, and to be whipped, who carnally knows any girl under the age of fourteen years, not being his wife, whether he believes
her to be of or above that age or not. 55-56 V., c. 29, s. 269.
[Attempt.]
302. Every one who attempts to have unlawful carnal knowledge of any girl under the age of fourteen years is guilty of an indictable offence and liable to two years’ imprisonment, and to be whipped.
55-56 V., c. 29, s. 270.
[Abduction of a woman.]
313. Every one is guilty of an indictable offence and liable to ten years' imprisonment who, against her will, takes away or detains any woman of any age
and whether married or not, with intent to marry or carnally know such woman or to cause her to be married or carnally known by any other person.
Note: subsection 313 was repealed and replaced with the above by An Act to amend the Criminal Code, S.C. 1909, c. 9, s. 2.
[Offence. Penalty. Intent.]
314. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment, who, with intent to marry or carnally know any woman,
or with intent to cause any woman to be married or carnally known by any other person, such woman having any interest, legal or equitable, present
or future, absolute, conditional or contingent, in any real or personal estate, or being a presumptive heiress or co-heiress, or presumptive next
of kin, to any one having such an interest,—
[Against her will.]
(a) from motives of lucre takes away or detains such woman against her will, whatever the age of such woman,
[Against will of parent or guardian.]
(b) fraudulently allures, takes away or detains such woman out of the possession and against the will of her father or mother or
other person having the lawful care or charge of her, such woman being under the age of twenty-one years.
[Effect of conviction on property.]
2. Every one convicted of any offence defined in this section is incapable of taking any estate or interest, legal or equitable, in
any real or personal property of such woman, or in which she has any interest, or which comes to her as such heiress, co-heiress or next of kin; and
if such marriage takes place such property shall, upon such conviction, be settled in such manner as any court of competent jurisdiction, upon any
information at the instance of the Attorney General, appoints. 55-56 V., c.29, s. 282.
Note: subsection 314(1) was repealed and replaced with the above by An Act to amend the Criminal Code, S.C. 1909, c. 9, s. 2.
[Abduction of girl under sixteen.]
315. Every one is guilty of an indictable offence and liable to five years’ imprisonment who unlawfully takes or causes to be taken any unmarried girl, who is under the age of sixteen years, out of the
possession and against the will of her father or mother, or of any other person having the lawful care or charge of her.
[Consent immaterial.]
2. It is immaterial whether the girl is taken with her own consent or at her own suggestion or not.
[Belief of offender.]
3. It is immaterial whether or not the offender believed the girl to be of or above the age of sixteen. 55-56 V., c. 29, s. 283.
PART XIX
PROCEDURE BY INDICTMENT.
Corroboration
[Necessary in certain cases.]
1002. No person accused of any offence under any of the hereunder mentioned sections shall be convicted upon the evidence of one witness, unless such
witness is corroborated in some material particular by evidence implicating the accused:—
[...]
(c) Offences under Part V., sections two hundred and eleven to two hundred and twenty inclusive;
[...] 55-56 V., c. 29, s. 684; 56 V., c. 32, s. 1.
[Evidence of child not under oath received in certain cases.]
1003. Where, upon the hearing or trial of any charge for carnally knowing or attempting to carnally know a girl under fourteen or of any charge under
section two hundred and ninety-two for indecent assault, the girl in respect of whom the offence is charged to have been committed, or any other child
of tender years who is tendered as a witness, does not, in the opinion of the court or justices, understand the nature of an oath, the evidence of such
girl or other child of tender years may be received though not given upon oath if, in the opinion of the court or justices, as the case may be, such girl
or other child of tender years is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking
the truth.
[Corroboration.]
2. But no person shall be liable to be convicted of the offence, unless the testimony admitted by virtue of this section and given
on behalf of the prosecution, is corroborated by some other material evidence in support thereof implicating the accused.
[If false, perjury.]
3. Any witness whose evidence is admitted under this section is liable to indictment and punishment for perjury in all respects as
if he or she had been sworn. 55-56 V., c. 29, s. 685.
PART XX
PUNISHMENTS, FINES, FORFEITURES, COSTS, AND RESTITUTION OF PROPERTY.
Whipping
[Sentence of punishment by whipping.]
1060. Whenever whipping may be awarded for any offence, the court may sentence the offender to be once, twice or thrice whipped, within the limits
of the prison, under the supervision of the medical officer of the prison, or if there by no such officer, or if the medical officer be for any reason
unable to be present, then, under the supervision of a surgeon or physician to be named by the Minister of Justice, in the case of prisons under
the control of the Dominion, and in the case of other prisons by the attorney general of the province in which such prison is situated.
[Number of strokes. Instrument.]
2. The number of strokes shall be specified in the sentence; and the instrument to be used for whipping shall be a cat-o'-nine-tails
unless some other instrument is specified in the sentence.
[When whipping to take place.]
3. Whenever practicable, every whipping shall take place not less than ten days before the expiration of any term of imprisonment to
which the offender is sentenced for the offence.
[Not on female.]
4. Whipping shall not be inflicted on any female. 63-64 V., c. 46, s. 3.
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