1946
Criminal Code, R.S.C. 1927, c. 36.
PART V
OFFENCES AGAINST RELIGION, MORALS AND PUBLIC CONVENIENCE
Interpretation
[Definitions.]
197. In this Part, unless the context otherwise requires,
["Guardian."]
(a) "guardian includes any person who has in law or in fact the custody or control of any girl or child referred to;
["Public place."]
(b) "public place" includes any open place to which the public have or are permitted to have access and any place of public resort [...].
R.S., c. 146, s. 197.
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. R.S., c. 146, s. 202.
[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. R.S., c. 146, s. 203.
[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.
["Brother" and "Sister."]
2. In this section the expressions "brother" and "sister" respectively include half-brother and half-sister." [R.S., c. 146, s. 204.]
[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. R.S., c. 146, s. 205.
[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 acts of gross indecency with another
male person. R.S., c. 146, s. 206.
[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.
R.S., c. 146, s. 210.
[Seduction of girls between 16 and 18.]
211. Every one over the age of eighteen years is guilty of an indictable offence and liable to two years' imprisonment who seduces any girl of previously
chaste character of or above the age of sixteen years and under the age of eighteen years.
2. Proof that a girl has on previous occasions had illicit connection with the accused shall not be deemed to be evidence that she was
not of previously chaste character.
3. On the trial of any offence under this section, the trial judge may instruct the jury that if in their view the evidence does not show
that the accused is wholly or chiefly to blame for the commission of said offence, they may find a verdict of acquittal. 1920, c. 43, ss. 4 and 17.
[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. R.S., c.
146, s. 212.
[Penalty.]
213. Every one is guilty of an indictable offence and liable to two years' imprisonment
(a) who, being a step-parent or foster parent or guardian, seduces or has illicit connection with his stepchild or foster
child or ward; or
(b) who seduces or has illicit connection with any girl previously chaste and under the age of twenty-one years who is in
his employment, or who, being in a common, but not necessarily similar, employment with him is, in respect of her employment or work, under or in any way
subject to his control or direction, or receives her wages or salary directly or indirectly from him; and proof that a girl has on previous occasions had
illicit connection with the accused shall not be deemed to be evidence that she was not previously chaste.
(2) On the trial of any offence against paragraph (b) of this section, the trial judge may instruct the jury that if in their view
the evidence does not show that the accused is wholly or chiefly to blame for the commission of said offence, they may find a verdict of acquittal.
R.S., c. 146, s. 213; 1917, c. 14, s. 2; 1920, c. 43, ss. 5 and 17.
[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.
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. R.S., c. 146, s. 214.
[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.
[Corrupting children.]
2. Every person who, in the home of a child, participates in adultery, or in sexual immorality, or indulges in habitual drunkenness or any
other form of vice, thereby endangering the morals of such child or rendering the home of such child an unfit place for such child to be in shall be guilty
of an offence and liable, upon summary conviction, to a fine not exceeding five hundred dollars, or to imprisonment for a period not exceeding one year,
or to both fine and imprisonment.
[Irrebuttable presumption.]
3. It shall be an irrebuttable presumption in any prosecution under subsection two of this section, that the child was in danger of being
or becoming immoral, its morals injuriously affected and its home rendered an unfit place for it to be in, upon proof that the person accused did in fact,
in the home of such child, participate in adultery, in sexual immorality, in habitual drunkenness, or in any other form of vice: Provided that this
subsection shall not apply in the case of two persons who are not married to each other but are living together as man and wife and reputed to be man and
wife, and where the child so affected is the child of the two persons so living together.
[Not a valid defence that child too young to understand.]
4. It shall not be a valid defence to a prosecution under subsection two of this section that the child is of too tender years to
understand or appreciate the nature of the conditions prevailing in the home or the nature of the act complained of or to be immediately affected thereby.
[Definition of "child."]
5. For the purposes of this section "child" shall mean a boy or girl apparently or actually under the age of sixteen years.
[At whose instance prosecution to be instituted. Limitation.]
6. No prosecution shall be instituted under subsection two of this section unless it be at the instance of some recognized society
for the protection of children or an officer of a juvenile court, without the authorization of the Attorney General of the province in which the
offence is alleged to have been committed, nor shall any such prosecution be commenced after the expiration of six months from the time of the
commission of the alleged offence.
7. No prosecution for an offence under this section shall be commenced after the expiration of one year from the time of its
commission.
Note: Subsection 3 was repealed and substituted with the above by An Act to amend the Criminal Code, S.C. 1935, c. 36, s. 1. Subsection
7 was added by An Act to amend the Criminal Code, S.C. 1935, c. 36, s. 2.
[Procuring.]
216. Every one is guilty of an indictable offence and shall be liable to ten years' imprisonment and on any second or subsequent conviction shall also
be liable to be whipped in addition to such imprisonment who
(a) procures, or attempts to procure or solicits any girl or woman to have unlawful carnal connection, either within or without Canada,
with any other person or persons; or
(b) inveigles or entices any woman or girl not being a common prostitute or of known immoral character to a common bawdy or assignation
house for the purpose of illicit intercourse or prostitution; or
(c) knowingly conceals any woman or girl in any common bawdy or assignation house; or
(d) procures or attempts to procure any woman or girl to become, either within or without Canada, a common prostitute; or
(e) procures or attempts to procure any woman or girl to leave her usual place of abode in Canada, such place not being a common bawdy
house, with intent that she may become an inmate or frequenter of a common bawdy house within or without Canada; or
(f) on the arrival of any woman or girl in Canada, directs or causes her to be directed, takes or causes her to be taken, to any common
bawdy house or house of assignation; or
(g) procures any woman or girl to come to Canada, or to leave Canada, for the purpose of prostitution; or
(h) 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
(i) for the purposes of gain, exercises control, direction or influence over the movements of any woman or girl in such manner as to show
that he is aiding, abetting or compelling her prostitution with any person or generally; or
(j) by false pretenses or false representations procures any woman or girl to have any unlawful carnal connection, either within or without
Canada; or
[Drugs.]
(k) applies, administer 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; or
(l) being a male person, lives wholly or in part on the earnings of prostitution.
[Living on earnings of prostitution. Evidence.]
2. Where a male person is proved to live with or to be habitually in the company of a prostitute or prostitutes, and has no visible
means of support, or to live in a house of prostitution, he shall unless he can satisfy the court to the contrary, be deemed to be living on the earnings
of prostitution. 1913, c. 13, s. 9; 1920, c. 43, s. 18.
[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. R.S., c. 146, s. 217.
[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. R.S., c. 146, s. 218.
[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 or feeble-minded 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 or feeble-minded. R.S., c. 146, s. 219; 1922, c. 16, s. 10.
PART VI
OFFENCES AGAINST THE PERSON AND REPUTATION
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; or
[Assaults on females.]
(c) assaults and beats his wife or any other female and thereby occasions her actual bodily harm. R.S., c. 146, s. 292; 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. R.S., c. 146, s. 293.
[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. R.S., c. 146, s. 294.
Unlawful Carnal Knowledge
[Rape defined.]
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.
[Age.]
2. No one under the age of fourteen years can commit this offence. R.S., c. 146, s. 298.
[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, and to be whipped.
R.S., c. 146, s. 299; 1921, c. 25, s. 4.
[Penalty of whipping added.]
300. Every one is guilty of an indictable offence, and liable to seven years' imprisonment and to be whipped, who attempts to commit rape. 1920,
c. 43, s. 7.
[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.
2. Every one is guilty of an indictable offence and liable to imprisonment for five years who carnally knows any girl of previous
chaste character under the age of sixteen and above the age of fourteen years, not being his wife, and whether he believes her to be above the age of
sixteen years or not; but no person accused of any offence under this subsection shall be convicted upon the evidence of one witness, unless such
witness is corroborated in some material particular by evidence implicating the accused.
3. On the trial of any offence against subsection two of this section, the trial judge may instruct the jury that if in their view the
evidence does not show that the accused is wholly or chiefly to blame for the commission of said offence, they may find a verdict of acquittal.
[Previous illicit connection with accused.]
4. Proof that a girl has on previous occasions had illicit connection with the accused shall not be deemed to be evidence that she
was not of previously chaste character. [R.S., c. 146, s. 301; 1920, c. 43, ss. 8 and 17.]
[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. R.S., c. 146, s. 302.
Venereal Diseases
[Communicating venereal disease.]
307. Any person who is suffering from venereal disease in a communicable form, who knowingly or by culpable negligence communicates such venereal
disease to any other person shall be guilty of an offence, and shall be liable upon summary conviction to a fine not exceeding five hundred dollars
or to imprisonment for any term not exceeding six months, or to both fine and imprisonment:
Provided that a person shall not be convicted under this section if he proves that he had reasonable grounds to believe that he was
free from venereal disease in a communicable form at the time the alleged offence was committed:
Provided, also, that no person shall be convicted of any offence under this section upon the evidence of one witness, unless the
evidence of such witness be corroborated in some material particular by evidence implicating the accused.
2. For the purposes of this section "venereal disease" means syphilis, gonorrhea, or soft chancre. 1919, c. 46, s. 8.
Abduction
[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.
1909, c. 9, s. 2.
[Abduction of heiress.]
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 any 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. R.S., c. 146, s. 314; 1909, c. 9, s. 2.
[Abduction of girl under 16.]
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. R.S., c. 146, s. 315.
PART XIX.
PROCEDURE BY INDICTMENT.
Admission on Trial of Evidence Previously Taken.
[Corroboration necessary in certain cases.]
1002. No person accused of an 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, except subsections two to five
inclusive of section two hundred and fifteen;
(d) Offences under Part VI, section three hundred and one and subsection two of section three hundred and nine;
[...]. 1925, c. 38, s. 26.
[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) 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. R.S., c. 146, s. 1003.
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 be 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. R.S., c. 146, s. 1060.
PART XXIV
LIMITATION OF ACTIONS
Prosecution for Crimes
[Time for commencement.]
1140. No prosecution for an offence against this Act, or action for penalties or forfeiture, shall be commenced
[...]
[One year.]
(c) after the expiration of one year from its commission if such offence be
[...]
(v) seduction of a girl above sixteen and under eighteen—section two hundred and eleven,
(vi) seduction under promise of marriage—section two hundred and twelve,
(vii) seduction of a ward or employee—section two hundred and thirteen,
(viii) parent or guardian procuring defilement of girl—section two hundred and fifteen, subsection one,
(ix) unlawfully defiling women, procuring, etc.—section two hundred and sixteen,
(x) householders permitting defilement of girl on their premises—section two hundred and seventeen [...]. R.S., c. 146, s. 1140; 1921, c.
25, s. 20; 1925, c. 38, s. 28.
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