1986
Criminal Code, R.S.C. 1985, c. C-46.
PART V
SEXUAL OFFENCES, PUBLIC MORALS AND DISORDERLY CONDUCT
Interpretation
[Definitions]
150. In this Part,
"guardian" includes any person who has in law or in fact the custody or control of another person [...]. R.S., c. C-34, s. 138.
Special Provisions
[Consent of child under fourteen no defence]
151. Where an accused is charged with an offence under section 153 in respect of a person under the age of fourteen years, the fact that the person
consented to the commission of the offence is not a defence to the charge. R.S., c. C-34, s. 140; 1980-81-82-83, c. 125, s. 5.
[Limitation]
152. No proceedings for an offence under section 156, 157, paragraph 158(b), section 170, 171 or 172 shall be commenced more than on year after the time
when the offence is alleged to have been committed. R.S., c. C-34, s. 141.
Sexual Offences
[Sexual intercourse with female under fourteen]
153. (1) Every male person who has sexual intercourse with a female person who
(a) is not his wife, and
(b) is under the age of fourteen years,
whether or not he believes that she is fourteen years of age or more, is guilty of an indictable offence and liable to imprisonment for life.
[Sexual intercourse with female between fourteen and sixteen]
(2) Every male person who has sexual intercourse with a female person who
(a) is not his wife,
(b) is of previously chaste character, and
(c) is fourteen years of age or more and is under the age of sixteen years,
whether or not he believes that she is sixteen years of age or more, is guilty of an indictable offence and liable to imprisonment for a term not
exceeding five years.
[Where accused not more to blame]
(3) Where an accused is charged with an offence under subsection (2), the court may find the accused not guilty if it is of opinion that
the evidence does not show that, as between the accused and the female person, the accused is more to blame than the female person. R.S., c. C-34, s.
146; 1972, c. 13, s. 70.
[Age]
154. No male person shall be deemed to commit an offence under section 153 or 155 while he is under the age of fourteen years. R.S., c. C-34, s. 147;
1980-81-82-83, c. 125, s. 7.
[Incest]
155. (1) Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or
grandchild, as the case may be, has sexual intercourse with that person.
[Punishment]
(2) Every one who commits incest is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen
years.
[Compulsion of female]
(3) Where a female person is convicted of an offence under this section and the court is satisfied that she committed the offence by
reason only that she was under restraint, duress or fear of the person with whom she had the sexual intercourse, the court is not required to impose any
punishment on her.
[Definition of "brother" and "sister"]
(4) In this section, "brother" and "sister", respectively, include half-brother and half-sister. R.S., c. C-34, s. 150; 1972, c. 13, s.
10.
[Seduction of female between sixteen and eighteen]
156. Every male person who, being eighteen years of age or more, seduces a female person of previously chaste character who is sixteen years or more but less than eighteen years of age is guilty of an
indictable offence and liable to imprisonment for a term not exceeding two years. R.S., c. C-34, s. 151.
[Seduction under promise of marriage]
157. Every male person, being twenty-one years of age or more, who, under promise of marriage, seduces an unmarried female person of previously chaste character who is less than twenty-one years
of age is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. R.S., c.C-34, s. 152.
[Sexual intercourse with step-daughter, etc., or female employee]
158. (1) Every male person who
(a) has illicit sexual intercourse with his step-daughter, foster daughter or female ward, or
(b) has illicit sexual intercourse with a female person of previously chaste character and under the age of twenty-one years who
(i) is in his employment,
(ii) is in a common, but not necessarily similar, employment with him and is, in respect of her employment or work, under or in
any way subject to his control or direction, or
(iii) receives her wages or salary directly or indirectly from him,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
[Where accused not more to blame]
(2) Where an accused is charged with an offence under paragraph (1)(b), the court may find the accused not guilty if it is of opinion that the evidence does not show that, as between
the accused and the female person, the accused is more to blame than the female person. R.S., c. C-34, s. 153.
[Seduction of female passengers on vessels]
159. Every male person who, being the owner or master of, or employed on board, a vessel, engaged in the carriage of passengers for hire, seduces, or by threats or by the exercise of his authority, has
illicit sexual intercourse on board the vessel with a female passenger is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. R.S., c. C-34, s. 154.
[Buggery or bestiality]
160. Every one who commits buggery or bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. R.S., c. C-34, s. 155.
[Acts of gross indecency]
161. Every one who commits an act of gross indecency with another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. R.S., c. C-34, s. 157.
[Exception re acts in private between husband and wife or consenting adults]
162. (1) Sections 160 and 161 do not apply to any act committed in private between
(a) a husband and his wife, or
(b) any two persons, each of whom is twenty-one years or more of age,
both of whom consent to the commission of the act.
[Idem]
(2) For the purposes of subsection (1),
(a) an act shall be deemed not to have been committed in private if it is committed in a public place, or if more than two persons take part or are present;
and
(b) a person shall be deemed not to consent to the commission of an act
(i) if the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent misrepresentations
respecting the nature and quality of the act, or
(ii) if that person is, and other party to the commission of the act knows or has good reason to believe that that person is,
feeble-minded, insane or an idiot or imbecile. R.S., c. C-34, s. 158.
Offences Tending to Corrupt Morals
[Parent or guardian procuring defilement]
170. Every one who, being the parent or guardian of a female person,
(a) procures her to have illicit sexual intercourse with a person other than the procurer, or
(b) orders, is party to, permits or knowingly receives the avails of, the defilement, seduction or prostitution of the female person,
is guilty of an indictable offence and liable to
(c) imprisonment for a term not exceeding fourteen years, if the female person is under the age of fourteen years, or
(d) imprisonment for a term not exceeding five years, if the female person is fourteen years of age or more. R.S., c. C-34, s. 166.
[Householder permitting defilement]
171. Every one who
(a) being the owner, occupier or manager of premises, or
(b) having control of premises or assisting in the management or control of premises,
knowingly permits a female person under the age of eighteen years to resort to or to be in or on the premises for the purpose of having illicit sexual intercourse with a particular male person or with male
persons generally is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. R.S., c. C-34, s. 167.
[Corrupting children]
172. (1) Every one who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and thereby endangers the morals of the child or
renders the home an unfit place for the child to be in, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
[Limitation]
(2) No proceedings for an offence under this section shall be commenced more than one year after the time when the offence was committed.
[Definition of "child"]
(3) For the purposes of this section, "child" means a person who is or appears to be under the age of eighteen years.
[Who may institute prosecutions]
(4) No proceedings shall be commenced under subsection (1) without the consent of the Attorney General, unless they are instituted by or at the instance of a recognized society for the
protection of children or by an officer of a juvenile court. R.S., c. C-34, s. 168.
PART VII
DISORDERLY HOUSES, GAMING AND BETTING
Procuring
[Procuring]
212. (1) Every one who
(a) procures, attempts to procure or solicits a person to have illicit sexual intercourse with another person, whether in or out of Canada,
(b) inveigles or entices a person who is not a prostitute or a person of known immoral character to a common bawdy-house or house of assignation for the
purpose of illicit sexual intercourse or prostitution,
(c) knowingly conceals a person in a common bawdy-house or house of assignation,
(d) procures or attempts to procure a person to become, whether in or out of Canada, a prostitute,
(e) procures or attempts to procure a person to leave the usual place of abode of that person in Canada, if that place is not a common bawdy-house, with
intent that the person may become an inmate or frequenter of a common bawdy-house, whether in or out of Canada,
(f) on the arrival of a person in Canada, directs or causes that person to be direct or takes or causes that person to be taken, to a common bawdy-house or
house of assignation,
(g) procures a person to enter or leave Canada, for the purpose of prostitution,
(h) for the purposes of gain, exercises control, direction or influence over the movements of a person in such manner as to show that he is aiding, abetting or
compelling that person to engage in or carry on prostitution with any person or generally,
(i) applies or administers to a person or causes that person to take any drug, intoxicating liquor, matter or thing with intent to stupefy or overpower that
person in order thereby to have illicit sexual intercourse with that person, or
(j) lives wholly or in part on the avails of prostitution of another person,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
[Presumption]
(2) Evidence that a person lives with or is habitually in the company of prostitutes, or lives in a common bawdy-house or house of assignation is, in the absence of evidence to the
contrary, proof that the person lives on the avails of prostitution.
[Corroboration]
(3) No person shall be convicted of an offence under subsection (1), other than an offence under paragraph (j) of that subsection, on the evidence of only one witness unless the
evidence of that witness is corroborated in a material particular by evidence that implicates the accused.
[Limitation]
(4) No proceedings for an offence under this section shall be commenced more than one year after the time when the offence is alleged to have been committed. R.S., c. C-34, s. 195;
1972, c. 13, s. 14; 1980-81-82-83, c. 125, s. 13.
PART VIII
OFFENCES AGAINST THE PERSON AND REPUTATION
Assaults
[Assault]
265. (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable
grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
[Application]
(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.
[Consent]
(3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of
(a) the application of force to the complainant or to a person other than the complainant;
(b) threats or fear of the application of force to the complainant or to a person other than the complainant;
(c) fraud; or
(d) the exercise of authority.
[Accused’s belief as to consent]
(4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence
and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused’s belief, to consider
the presence or absence of reasonable grounds for that belief. R.S., c. C-34, s. 244; 1974-75-76, c. 93, s. 21; 1980-81-82-83, c. 125, s. 19.
[Assault]
266. Every one who commits an assault is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction. R.S., c. C-34, s. 245; 1972, c. 13, s. 21; 1974-75-76, c. 93, s. 22; 1980-81-82-83, c.
125, s. 19.
[Assault with a weapon or causing bodily harm]
267. (1) Every one who, in committing an assault,
(a) carries, uses or threatens to use a weapon or an imitation thereof, or
(b) causes bodily harm to the complainant,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
[Definition of "bodily harm"]
(2) For the purposes of this section and sections 269 and 272, "bodily harm" means any hurt or injury to the complainant that interferes
with the health or comfort of the complainant
and that is more than merely transient or trifling in nature. 1980-81-82-83, c. 125, s. 19.
[Aggravated assault]
268. (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.
[Punishment]
(2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. 1980-81-82-83, c. 125, s. 19.
[Unlawfully causing bodily harm]
269. Every one who unlawfully causes bodily harm to any person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years. 1980-81-82-83, c. 125, s. 19.
[Sexual assault]
271. (1) Every one who commits a sexual assault is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction.
[No defence]
(2) Where an accused is charged with an offence under subsection (1) or section 272 or 273 in respect of a person under the age of
fourteen years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge unless the accused is
less than three years older than the complainant. 1980-81-82-83, c. 125, s. 19.
[Sexual assault with a weapon, threats to a third party or causing bodily harm]
272. Every one who, in committing a sexual assault,
(a) carries, uses or threatens to use a weapon or an imitation thereof,
(b) threatens to cause bodily harm to a person other than the complainant,
(c) causes bodily harm to the complainant, or
(d) is a party to the offence with any other person,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. 1980-81-82-83, c. 125, s. 19.
[Aggravated sexual assault]
273. (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.
[Punishment]
(2) Every one who commits an aggravated sexual assault is guilty of an indictable offence and liable to imprisonment for life. 1980-81-82-83, c. 125, s. 19.
[Corroboration not required]
274. Where an accused is charged with an offence under section 155 (incest), 161 (gross indecency), 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm)
or 273 (aggravated sexual assault), no corroboration is required for a conviction and the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration.
1980-81-82-83, c. 125, s. 19.
[Rules respecting recent complaint abrogated]
275. The rules relating to evidence of recent complaint in sexual assault cases are hereby abrogated. 1980-81-82-83, c. 125, s. 19.
[No evidence concerning sexual activity]
276. (1) In proceedings in respect of an offence under section 271, 272 or 273, no evidence shall be adduced by or on behalf of the accused concerning the sexual activity of the complainant with any person other than the accused unless
(a) it is evidence that rebuts evidence of the complainant’s sexual activity or absence thereof that was previously adduced by the prosecution;
(b) it is evidence of specific instances of the complainant’s sexual activity tending to establish the identity of the person who had sexual contact with the complainant on the occasion set out in the charge; or
(c) it is evidence of sexual activity that took place on the same occasion as the sexual activity that forms the subject-matter of the charge, where that evidence relates to the consent that the accused alleges he believed was given by the complainant.
[s. 271: Sexual assault
s. 272: Sexual assault with a weapon, threats to a third party or causing bodily harm
s. 273: Aggravated sexual assault]
[Notice]
(2) No evidence is admissible under paragraph (1)(c) unless
(a) reasonable notice in writing has been given to the prosecutor by or on behalf of the accused of his intention to adduce the evidence together with particulars of the evidence sought to be adduced; and
(b) a copy of the notice has been filed with the clerk of the court.
[Hearing]
(3) No evidence is admissible under subsection (1) unless the judge, magistrate or justice, after holding a hearing in which the jury and the members of the public are excluded and in which the complainant is not a compellable witness, is satisfied that the requirements of this section are met.
[Publication prohibited]
(4) The notice given under subsection (2) and the evidence taken, the information given or the representations made at a hearing referred to in subsection (3) shall not be published in any newspaper or broadcast.
[Offence]
(5) Every one who, without lawful excuse the proof of which lies on him, contravenes subsection (4) is guilty of an offence punishable on summary conviction.
[Definition of "newspaper"]
(6) In this section, "newspaper" has the same meaning as in section 297. 1980-81-82-83, c. 125, s. 19.
[Reputation evidence]
277. In proceedings in respect of an offence under section 271, 272 or 273, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant. 1980-81-82-83, c. 125, s. 19.
[Spouse may be charged]
278. A husband or wife may be charged with an offence under section 271, 272 or 273 in respect of his or her spouse, whether or not the spouses were
living together at the time the activity that forms the subject-matter of the charge occurred. 1980-81-82-83, c. 125, s. 19.
Kidnapping and Abduction
[Abduction of person under sixteen]
280. (1) Every one who, without lawful authority, takes or causes to be taken an unmarried person under the age of sixteen yeas out of the possession
of and against the will of the parent or guardian of that person or of any other person who has the lawful care or charge of that person is guilty of
an indictable offence and liable to imprisonment for a term not exceeding five years.
[Definition of "guardian"]
(2) In this section and sections 281 to 283, "guardian" includes any person who has in law or in fact the custody or control of another
person. R.S., c. C-34, s. 249; 1980-81-82-83, c. 125, s. 20.
[Defence]
285. No one shall be found guilty of an offence under sections 280 to 283 if the court is satisfied that the taking, enticing away, concealing, detaining,
receiving or harbouring of any young person was necessary to protect the young person from danger of imminent harm. 1980-81-82-83, c. 125, s. 20.
[No defence]
286. In proceedings in respect of an offence under sections 280 to 283, it is not a defence to any charge that a young person consented to or suggested
any conduct of the accused. 1980-81-82-83, c. 125, s. 20.
289. [Repealed.]
Note: section 289, previously "Venereal disease," was repealed by the Criminal Law Amendment Act, 1985, R.S.C. 1985 (1st Supp.), c.
27, s. 41.
Defamatory Libel
[Definition of "newspaper"]
297. In sections 303, 304 and 308, "newspaper" means any paper, magazine or periodical containing public news, intelligence or reports of events,
or any remarks or observations thereon, printed for sale and published periodically or in parts or numbers, at intervals not exceeding thirty-one days
between the publication of any two such papers, parts or numbers, and any paper, magazine or periodical printed in order to be dispersed and made public,
weekly or more often, or at intervals not exceeding thirty-one days, that contains advertisements, exclusively or principally. R.S., c. C-34, s. 261.
PART XV
SPECIAL PROCEDURE AND POWERS
General Powers of Certain Officials
[Exclusion of public in certain cases]
486. (1) Any proceedings against an accused shall be held in open court, but where the presiding judge, magistrate or justice, as the case may be, is of
the opinion that it is in the interest of public morals, the maintenance of order or the proper administration of justice to exclude all or any members of
the public from the court room for all or part of the proceedings, he may so order.
[Reasons to be stated]
(2) Where an accused is charged with an offence mentioned in section 274 and the prosecutor or the accused makes an application for an
order under subsection (1), the presiding judge, magistrate or justice, as the case may be, shall, if no such order is made, state, by reference to the
circumstances of the case, the reason for not making an order.
[Order restricting publication]
(3) Where an accused is charged with an offence mentioned in section 274, the presiding judge, magistrate or justice may, or if
application is made by the complainant or prosecutor, shall, make an order directing that the identity of the complainant and any information that could
disclose the identity of the complainant shall not be published in any newspaper or broadcast.
[Right of complainant]
(4) The presiding judge, magistrate or justice shall, at the first reasonable opportunity, inform the complainant of the right to make an application for an order under subsection (3).
[Failure to comply with order]
(5) Every one who fails to comply with an order made pursuant to subsection (3) is guilty of an offence punishable on summary conviction.
[Definition of "newspaper"]
(6) In this section, "newspaper" has the same meaning as in section 297. R.S., c. C-34, s. 442; 1974-75-76, c. 93, s. 44; 1980-81-82-83, c. 110, s. 74, c. 125, s. 25.
PART XX
PROCEDURE BY INDICTMENT
Corroboration
[Unsworn evidence of child]
659. No person shall be convicted of an offence on the unsworn evidence of a child unless the evidence of the child is corroborated in a material
particular by evidence that implicates the person. R.S., c. C-34, s. 586.
PART XXIV
DANGEROUS OFFENDERS
[Definitions]
752. In this Part,
["court"]
"court" means the court by which an offender in relation to whom an application under this Part is made was convicted, or a superior
court of criminal jurisdiction;
["serious personal injury offence"]
"serious personal injury offence" means
(a) an indictable offence, other than high treason, treason, first degree murder or second degree murder, involving
(i) the use or attempted use of violence against another person, or
(ii) conduct endangering or likely to endanger the life or safety of another person or inflicting or
likely to inflict severe psychological damage on another person,
and for which the offender may be sentenced to imprisonment for ten years or more, or
(b) an offence or attempt to commit an offence mentioned in section 271 (sexual assault), 272 (sexual assault with a
weapon, threats to a third party or causing bodily harm) or 273 (aggravated sexual assault). R.S., c. C-34, s. 687; 1976-77, c. 53, s. 14; 1980-81-82-83,
c. 125, s. 26.
Dangerous Offenders
[Application for finding]
753. Where, on an application made under this Part following the conviction of a person for an offence but before the offender is sentenced therefor,
it is established to the satisfaction of the court
(a) that the offence for which the offender has been convicted is a serious personal injury offence described in paragraph (a) of the
definition of that expression in section 752 and the offender constitutes a threat to the life, safety or physical or mental well-being of other persons
on the basis of evidence establishing
(i) a pattern of repetitive behaviour by the offender, of which the offence for which he has been convicted forms a part,
showing a failure to restrain his behaviour and a likelihood of his causing death or injury to other persons, or inflicting severe psychological damage
on other persons, through failure in the future to restrain his behaviour,
(ii) a pattern of persistent aggressive behaviour by the offender, of which the offence for which he has been convicted
forms a part, showing a substantial degree of indifference on the part of the offender respecting the reasonably foreseeable consequences to other
persons of his behaviour, or
(iii) any behaviour by the offender, associated with the offence for which he has been convicted, that is of such a
brutal nature as to compel the conclusion that his behaviour in the future is unlikely to be inhibited by normal standards of behavioural restraint, or
(b) that the offence for which the offender has been convicted is a serious personal injury offence described in paragraph (b) of the
definition of that expression in section 752 and the offender, by his conduct in any sexual matter including that involved in the commission of the
offence for which he has been convicted, has shown a failure to control his sexual impulses and a likelihood of his causing injury, pain or other
evil to other persons through failure in the future to control his sexual impulses,
the court may find the offender to be a dangerous offender and may thereupon impose a sentence of detention in a penitentiary for an indeterminate
period, in lieu of any other sentence that might be imposed for the offence for which the offender has been convicted. R.S., c. C-34, s. 688; 1976-77,
c. 53, s. 14.
[Hearing of application]
754. (1) Where an application under this Part has been made, the court shall hear and determine the application except that no such application shall
be heard unless
(a) the Attorney General of the province in which the offender was tried has, either before or after the making of the
application, consented to the application;
(b) at least seven days notice has been given to the offender by the prosecutor, following the making of the application,
outlining the basis on which it is intended to found the application; and
(c) a copy of the notice has been filed with the clerk of the court or the magistrate, as the case may be.
[By court alone]
(2) An application under this Part shall be heard and determined by the court without a jury.
[When proof unnecessary]
(3) For the purposes of an application under this Part, where an offender admits any allegations contained in the notice referred to
in paragraph (1)(b), no proof of those allegations is required.
[Proof of consent]
(4) The production of a document purporting to contain any nomination or consent that may be made or given by the Attorney General
under this Part and purporting to be signed by the Attorney General is, in the absence of any evidence to the contrary, proof that nomination or
consent without proof of the signature or the official character of the person appearing to have signed the document. R.S., c. C-34, s. 689; 1976-77,
c. 53, s. 14.
[Evidence of dangerous offender status]
755. (1) On the hearing of an application under this Part, the court shall hear the evidence of at least two psychiatrists and all other evidence that,
in its opinion, is relevant, including the evidence of any psychologist or criminologist called as a witness by the prosecution or the offender.
[Nomination of psychiatrists]
(2) One of the psychiatrists referred to in subsection (1) shall be nominated by the prosecution and one shall be nominated by the
offender.
[Nomination by court]
(3) If the offender fails or refuses to nominate a psychiatrist pursuant to this section, the court shall nominate a psychiatrist on
behalf of the offender.
[Saving]
(4) Nothing in this section shall be construed to enlarge the number of expert witnesses that may be called without the leave of the
court or judge under section 7 of the Canada Evidence Act. R.S., c. C-34, s. 690; 1976-77, c. 53, s. 14.
[Direction or remand for observation]
756. (1) A court to which an application is made under this Part may, by order in writing,
(a) direct the offender in relation to whom the application is made to attend, at a place or before a person specified
in the order and within a time specified therein, for observation, or
(b) remand the offender in such custody as the court directs, for a period not exceeding thirty days, for observation,
where, in its opinion, supported by the evidence of, or where the prosecutor and the offender consent, supported by the report in writing of, at least
one duly qualified medical practitioner, there is reason to believe that evidence might be obtained as a result of the observation that would be
relevant to the application.
[Idem]
(2) Notwithstanding subsection (1), a court to which an application is made under this Part may remand the offender to which that
application relates in accordance with that subsection
(a) for a period not exceeding thirty days without having heard the evidence or considered the report of a duly qualified
medical practitioner where compelling circumstances exist for so doing and where a medical practitioner is not readily available to examine the
offender and give evidence or submit a report; and
(b) for a period of more than thirty but not more than sixty days where it is satisfied that observation for that
period is required in all the circumstances of the case and its opinion is supported by the evidence of, or where the prosecutor and the offender consent,
by the report in writing of, at least one duly qualified medical practitioner. R.S., c. C-34, s. 691; 1976-77, c. 53, s. 14.
[Evidence of character]
757. Without prejudice to the right of the offender to tender evidence respecting his character and repute, evidence of character and repute may,
if the court thinks fit, be admitted on the question whether the offender is or is not a dangerous offender. R.S., c. C-34, s. 692; 1976-77, c. 53,
s. 14.
[Presence of accused at hearing of application]
758. (1) The offender shall be present at the hearing of the application under this Part and if at the time the application is to be heard
(a) he is confined in a prison, the court may order, in writing, the person having the custody of the accused to bring
him before the court; or
(b) he is not confined in a prison, the court shall issue a summons or a warrant to compel the accused to attend before
the court and the provisions of Part XVI relating to summons and warrant are applicable with such modifications as the circumstances require.
[Exception]
(2) Notwithstanding subsection (1), the court may
(a) cause the offender to be removed and to be kept out of court, where he misconducts himself by interrupting the
proceedings so that to continue the proceedings in his presence would not be feasible; or
(b) permit the offender to be out of court during the whole or any part of the hearing on such conditions as the
court considers proper. R.S., c. C-34, s. 693; 1976-77, c. 53, s. 14.
[Appeal]
759. (1) A person who is sentenced to detention in a penitentiary for an indeterminate period under this Part may appeal to the court of appeal
against that sentence on any ground of law or fact or mixed law and fact.
[Appeal by Attorney General]
(2) The Attorney General may appeal to the court of appeal against the dismissal of an application for an order under this Part on
any ground of law.
[Disposition of appeal]
(3) On an appeal against a sentence of detention in a penitentiary for an indeterminate period, the court of appeal may
(a) quash the sentence and impose any sentence that might have been imposed in respect of the offence for which the
appellant was convicted, or order a new hearing; or
(b) dismiss the appeal.
[Idem]
(4) On an appeal against the dismissal of an application for an order under this Part, the court of appeal may
(a) allow the appeal, set aside any sentence imposed in respect of the offence for which the respondent was convicted
and impose a sentence of detention in a penitentiary for an indeterminate period, or order a new hearing; or
(b) dismiss the appeal.
[Effect of judgment]
(5) A judgment of the court of appeal imposing a sentence pursuant to this section has the same force and effect as if it were a
sentence passed by the trial court.
[Commencement of sentence]
(6) Notwithstanding subsection 721(1), a sentence imposed on an offender by the court of appeal pursuant to this section shall be deemed
to have commenced when the offender was sentenced by the court by which he was convicted.
[Part XXI applies re appeals]
(7) The provisions of Part XXI with respect to procedure on appeals apply, with such modifications as the circumstances require,
to appeals under this section. R.S., c. C-34, s. 694; 1976-77, c. 53, s. 14.
[Disclosure to Solicitor General]
760. Where a court, pursuant to section 753, finds an offender to be a dangerous offender and imposes a sentence of detention in a penitentiary for
an indeterminate period, the court shall order that a copy of all reports or testimony given by psychiatrists, psychologists or criminologists
and any observations of the court with respect to the reasons for the sentence, together with a transcript of the trial of the dangerous offender,
be forwarded to the Solicitor General of Canada for his information. R.S., c. C-34, s. 695; 1976-77, c. 53, s. 14.
[Review for parole]
761. (1) Subject to subsection (2), where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period, the
National Parole Board shall, forthwith after the expiration of three years from the day on which that person was taken into custody and not later than
every two years thereafter, review the condition, history and circumstances of that person for the purpose of determining whether he should be
granted parole under the Parole Act and, if so, on what conditions.
[Idem]
(2) Where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period that was imposed before
October 15, 1977, the National Parole Board shall, at least once in every year, review the condition, history and circumstances of that person
for the purpose of determining whether he should be granted parole under the Parole Act and, if so, on what conditions. 1976-77, c. 53, s. 14.
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