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Amendment in this year: An Act to amend the Criminal Code (sexual assault), S.C. 1992, c. 38. Received Royal Assent 23rd June, 1992.
1992
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.
Sexual Offences
[Consent no defence]
150.1 (1) Where an accused is charged with an offence under section 151 or 152 or subsection 153(1), 160(3) or 173(2) or is charged with an offence
under section 271, 272 or 273 in respect of a complainant 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.
[Exception]
(2) Notwithstanding subsection (1), where an accused is charged with an offence under section 151 or 152, subsection 173(2) or section
271 in respect of a complainant who is twelve years of age or more but 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
(a) is twelve years of age or more but under the age of sixteen years;
(b) is less than two years old than the complainant; and
(c) is neither in a position of trust or authority towards the complainant nor is a person with whom the
complainant is in a relationship of dependency.
[Exemption for accused aged twelve or thirteen]
(3) No person aged twelve or thirteen years shall be tried for an offence under section 151 or 152 or subsection 173(2) unless the
person is in a position of trust or authority towards the complainant or is a person with whom the complainant is in a relationship of dependency.
[Mistake of age]
(4) It is not a defence to a charge under section 151 or 152, subsection 160(3) or 173(2), or section 271, 272 or 273 that the accused
believed that the complainant was fourteen years of age or more at the time the offence is alleged to have been committed unless the accused took
all reasonable steps to ascertain the age of the complainant.
[Idem]
(5) It is not a defence to a charge under section 153, 159, 170, 171 or 172 or subsection 212(2) or (4) that the accused believed
that the complainant was eighteen years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable
steps to ascertain the age of the complainant.
[Sexual interference]
151. Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person
under the age of fourteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an
offence punishable on summary conviction.
[Invitation to sexual touching]
152. Every person who, for a sexual purpose, invites, counsels or incites a person under the age of fourteen years to touch, directly or indirectly,
with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the
body of the person under the age of fourteen years, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years
or is guilty of an offence punishable on summary conviction.
[Sexual exploitation]
153. (1) Every person who is in a position of trust or authority towards a young person or is a person with whom the young person is in a relationship
of dependency and who
(a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body
of the young person, or
(b) for a sexual purpose, invites, counsels, or incites a young person to touch, directly or indirectly, with a part of
the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young
person,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary
conviction.
[Definition of "young person"]
(2) In this section, "young person" means a person fourteen years of age or more but under the age of eighteen years.
Note: sections 151 to 153 (previously "Consent of child under fourteen no defence," "Limitation," and "Sexual intercourse with female under
fourteen" respectively) were repealed and replaced with the above by An Act to amend the Criminal Code and the Canada Evidence Act,
R.S.C. 1985 (3d Supp.), c. 19, s. 1. Section 150.1 was added by the same statute. The heading preceding the old version of section 151 was amended and
the heading preceding section 153 was repealed by the same statute.
154. [Repealed.]
Note: section 154, formerly "Age," was repealed by An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d
Supp.), c. 19, s. 1.
[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.
156. [Repealed.]
Note: section 156, previously "Seduction of female between sixteen and eighteen," was repealed by An Act to amend the Criminal Code
and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 2.
157. [Repealed.]
Note: section 157, previously "Seduction under promise of marriage," was repealed by An Act to amend the Criminal Code and the Canada Evidence
Act, R.S.C. 1985 (3d Supp.), c. 19, s. 2.
158. [Repealed.]
Note: section 158, previously "Sexual intercourse with step-daughter, etc., or female employee," was repealed by An Act to amend the
Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 2.
[Anal intercourse]
159. (1) Every person who engages in an act of anal intercourse is guilty of an indictable offence and liable to imprisonment for a term not exceeding
ten years or is guilty of an offence punishable on summary conviction.
[Exception]
(2) Subsection (1) does not apply to any act engaged in, in private, between
(a) husband and wife, or
(b) any two persons, each of whom is eighteen years of age or more,
both of whom consent to the act.
[Idem]
(3) For the purposes of subsection (2),
(a) an act shall be deemed not to have been engaged in in private if it is engaged in 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 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 the court is satisfied beyond a reasonable doubt that the person could not have consented to the
act by reason of mental disability.
Note: section 159, previously "Seduction of female passengers on vessels," was repealed and replaced with the above by An Act to amend the
Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 3.
[Bestiality]
160. (1) Every person who commits bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is
guilty of an offence punishable on summary conviction.
[Compelling the commission of bestiality]
(2) Every person who compels another to commit bestiality is guilty of an indictable offence and liable to imprisonment for a term not
exceeding ten years or is guilty of an offence punishable on summary conviction.
[Bestiality in presence of or by child]
(3) Notwithstanding subsection (1), every person who, in the presence of a person under the age of fourteen years, commits bestiality
or who incites a person under the age of fourteen years to commit bestiality is guilty of an indictable offence and liable to imprisonment for a term
not exceeding ten years or is guilty of an offence punishable on summary conviction.
Note: section 160 was amended by An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 3.
161. [Repealed.]
Note: section 161, previously "Acts of gross indecency," was repealed by An Act to amend the Criminal Code and the Canada Evidence Act,
R.S.C. 1985 (3d Supp.), c. 19, s. 4.
162. [Repealed.]
Note: section 162, previously "Exception re acts in private between husband and wife or consenting adults," was repealed by An Act to
amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 4.
Offences Tending to Corrupt Morals
[Parent or guardian procuring sexual activity]
170. Every parent or guardian of a person under the age of eighteen years who procures that person for the purpose of engaging in any sexual activity
prohibited by this Act with a person other than the parent or guardian is guilty of an indictable offence and liable to imprisonment for a term not
exceeding five years, if the person procured for that purpose is under the age of fourteen years, or to imprisonment for a term not exceeding two years
if the person so procured is fourteen years of age or more but under the age of eighteen years.
Note: section 170 was amended by An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 5.
[Householder permitting sexual activity]
171. Every owner, occupier or manager of premises or other person who has control of premises or assists in the management or control of premises who
knowingly permits a person under the age of eighteen years to resort to or to be in or on the premises for the purpose of engaging in any sexual activity
prohibited by this Act is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years, if the person in question is
under the age of fourteen years, or to imprisonment for a term not exceeding two years if the person in question is fourteen years of age or more but
under the age of eighteen years.
Note: section 171 was amended by An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 5.
[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) [Repealed.]
[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.
Note: subsection 172(2) was repealed by An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19,
s. 6.
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.
[Idem]
(2) Notwithstanding paragraph (1)(j), every person who lives wholly or in part on the avails of prostitution of another person who is
under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
[Presumption]
(3) Evidence that a person lives with or is habitually in the company of a prostitute or lives in a common bawdy-house or in a house
of assignation is, in the absence of evidence to the contrary, proof that the person lives on the avails of prostitution, for the purposes of
paragraph (1)(j) and subsection (2).
[Offence in relation to juvenile prostitution]
(4) Every person who, in any place, obtains or attempts to obtain, for consideration, the sexual services of a person who is under the
age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Note: subsections 212(2) to (4) were amended by An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.),
c. 19, s. 9.
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) [Repealed.]
Note: subsection 271(2) was repealed by An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19,
s. 10.
[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.
[Meaning of "consent"]
273.1 (1) Subject to subsection (2) and subsection 265(3), "consent" means, for the purposes of sections 271, 272 and 273, the voluntary agreement of
the complainant to engage in the sexual activity in question.
[Where no consent obtained]
(2) No consent is obtained, for the purposes of sections 271, 272 and 273, where
(a) the agreement is expressed by the words or conduct of a person other than the complainant;
(b) the complainant is incapable of consenting to the activity;
(c) the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority;
(d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or
(e) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of
agreement to continue to engage in the activity.
[Subsection (2) not limiting]
(3) Nothing in subsection (2) shall be construed as limiting the circumstances in which no consent is obtained.
Note: section 273.1 was added by An Act to amend the Criminal Code (sexual assault), S.C. 1992, c. 38, s. 1.
[Where belief in consent not a defence]
273.2 It is not a defence to a charge under section 271, 272 or 273 that the accused believed that the complainant consented to the activity that
forms the subject-matter of the charge, where
(a) the accused's belief arose from the accused's
(i) self-induced intoxication, or
(ii) recklessness or wilful blindness; or
(b) the accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant
was consenting.
Note: section 273.2 was added by An Act to amend the Criminal Code (sexual assault), S.C. 1992, c. 38. s. 1.
[Corroboration not required]
274. Where an accused is charged with an offence under section 151, 152, 153, 155, 159, 160, 170, 171, 172, 173, 212, 271, 272 or 273, 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.
Note: section 274 was amended by An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 11.
[Rules respecting recent complaint abrogated]
275. The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151, 152, 153, 155 and 159,
subsections 160(2) and (3), and sections 170, 171, 172, 173, 271, 272 and 273.
Note: section 275 was amended by An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 11.
[No evidence concerning sexual activity]
276. (1) In proceedings in respect of an offence under section 151, 152, 153, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271,
272 or 273, evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to
support the inference that, by reason of the sexual nature of the activity, the complainant
(a) is more likely to have consented to the sexual activity that forms the subject-matter of the charge; or
(b) is less worthy of belief.
[Idem]
(2) In proceedings in respect of an offence referred to in subsection (1), no evidence shall be adduced by or on behalf of the accused
that the complainant has engaged in sexual activity other than the sexual activity that forms the subject-matter of the charge, whether with the
accused or with any other person, unless the judge, provincial court judge or justice determines, in accordance with the procedures set out in sections
276.1 and 276.2, that the evidence
(a) is of specific instances of sexual activity;
(b) is relevant to an issue at trial; and
(c) has significant probative value that is not substantially outweighed by the danger of prejudice to the proper
administration of justice.
[Factors that judge must consider]
(3) In determining whether evidence is admissible under subsection (2), the judge, provincial court judge or justice shall take into
account
(a) the interests of justice, including the right of the accused to make a full answer and defence;
(b) society's interest in encouraging the reporting of sexual assault offences;
(c) whether there is a reasonable prospect that the evidence will assist in arriving at a just determination in the
case;
(d) the need to remove from the fact-finding process any discriminatory belief or bias;
(e) the risk that the evidence may unduly arouse sentiments of prejudice, sympathy or hostility in the jury;
(f) the potential prejudice to the complainant's personal dignity and right of privacy;
(g) the right of the complainant and of every individual to personal security and to the full protection and benefit of
the law; and
(h) any other factor that the judge, provincial court judge or justice considers relevant.
Note: section 276 was amended by An Act to amend the Criminal Code (sexual assault), S.C. 1992, c. 38, s. 2.
[Application for hearing]
276.1 (1) Application may be made to the judge, provincial court judge or justice by or on behalf of the accused for a hearing under section 276.2 to
determine whether evidence is admissible under subsection 276(2).
[Form and content of application]
(2) An application referred to in subsection (1) must be made in writing and set out
(a) detailed particulars of the evidence that the accused seeks to adduce, and
(b) the relevance of that evidence to an issue at trial,
and a copy of the application must be given to the prosecutor and to the clerk of the court.
[Jury and public excluded]
(3) The judge, provincial court judge or justice shall consider the application with the jury and the public excluded.
[Judge may decide to hold hearing]
(4) Where the judge, provincial court judge or justice is satisfied
(a) that the application was made in accordance with subsection (2),
(b) that a copy of the application was given to the prosecutor and to the clerk of the court at least seven days
previously, or such shorter interval as the judge, provincial court judge or justice may allow where the interests of justice so require, and
(c) that the evidence sought to be adduced is capable of being admissible under subsection 276(2),
the judge, provincial court judge or justice shall grant the application and hold a hearing under section 276.2 to determine whether the
evidence is admissible under subsection 276(2).
Note: section 276.1 was added by An Act to amend the Criminal Code (sexual assault), S.C. 1992, c. 38, s. 2.
[Jury and public excluded]
276.2 (1) At a hearing to determine whether evidence is admissible under subsection 276(2), the jury and the public shall be excluded.
[Complainant not compellable]
(2) The complainant is not a compellable witness at the hearing.
[Judge's determination and reasons]
(3) At the conclusion of the hearing, the judge, provincial court judge or justice shall determine whether the evidence, or any part
thereof, is admissible under subsection 276(2) and shall provide reasons for that determination, and
(a) where not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be
admitted;
(b) the reasons must state the factors referred to in subsection 276(3) that affected the determination; and
(c) where all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence
is expected to be relevant to an issue at trial.
[Record of reasons]
(4) The reasons provided under subsection (3) shall be entered in the record of the proceedings or, where the proceedings are not
recorded, shall be provided in writing.
Note: section 276.2 was added by An Act to amend the Criminal Code (sexual assault), S.C. 1992, c. 38, s. 2.
[Publication prohibited]
276.3 (1) No person shall publish in a newspaper, as defined in section 297, or in a broadcast, any of the following:
(a) the contents of an application made under section 276.1;
(b) any evidence taken, the information given and the representations made an at application under section 276.1 or at
a hearing under section 276.2;
(c) the decision of a judge, provincial court judge or justice under subsection 276.1(4), unless the judge, provincial
court judge or justice, after taking into account the complainant's right of privacy and the interests of justice, orders that the decision may be
published; and
(d) the determination made and the reasons provided under section 276.2, unless
(i) that determination is that evidence is admissible, or
(ii) the judge, provincial court judge or justice, after taking into account the complainant's right
of privacy and the interests of justice, orders that the determination and reasons may be published.
[Offence]
(2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.
Note: section 276.3 was added by An Act to amend the Criminal Code (sexual assault), S.C. 1992, c. 38, s. 2.
[Judge to instruct jury re use of evidence]
276.4 Where evidence is admitted at trial pursuant to a determination made under section 276.2, the judge shall instruct the jury as to the uses that
the jury may and may not make of that evidence.
Note: section 276.4 was added by An Act to amend the Criminal Code (sexual assault), S.C. 1992, c. 38, s. 2.
[Appeal]
276.5 For the purposes of section 675 and 676, a determination made under section 276.2 shall be deemed to be a question of law.
Note: section 276.5 was added by An Act to amend the Criminal Code (sexual assault), S.C. 1992, c. 38, s. 2.
[Reputation evidence]
277. In proceedings in respect of an offence under section 151, 152, 153, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 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.
Note: section 277 was amended by An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 13.
[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 years 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.
[Testimony outside court room]
(2.1) Notwithstanding section 650, where an accused is charged with an offence under section 151, 152, 153, 155 or 159, subsection 160(2)
or (3), or section 170, 171, 172, 173, 271, 272 or 273 and the complainant is, at the time of the trial or preliminary inquiry, under the age of
eighteen years, the presiding judge or justice, as the case may be, may order that the complainant testify outside the court room or behind a screen or
other device that would allow the complainant not to see the accused, if the judge or justice is of the opinion that the exclusion is necessary to
obtain a full and candid account of the acts complained of from the complainant.
[Condition of exclusion]
(2.2) A complainant shall not testify outside the court room pursuant to subsection (2.1) unless arrangements are made for the accused,
the judge or justice and the jury to watch the testimony of the complainant by means of closed-circuit television or otherwise and the accused is
permitted to communicate with counsel while watching the testimony.
[Order restricting publication]
(3) Where an accused is charged with an offence under section 151, 152, 153, 155 or 159, subsection 160(2) or (3), or section 170, 171,
172, 173, 271, 272 or 273, the presiding judge or justice may, on his or her own motion, or shall, on application made by the complainant, by the
prosecutor or by a witness under the age of eighteen years, make an order directing that the identity of the complainant or the witness and any
information that could disclose the identity of the complainant or witness shall not be published in any document or broadcast in any way.
[Rights]
(4) The presiding judge or justice shall, at the first reasonable opportunity, inform every witness under the age of eighteen years
and 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) [Repealed.]
Note: subsections 486(2.1) and (2.2) were added by An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.),
c. 19, s. 14(1). Subsections 486(3) and (4) were amended by the same statute. Subsection 486(6) was repealed by An Act to amend the Criminal Code and
the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 14(2).
PART XX
PROCEDURE BY INDICTMENT
Corroboration
659. [Repealed.]
Note: section 659, previously "Unsworn evidence of child," was repealed by An Act to amend the Criminal Code and the Canada Evidence Act,
R.S.C. 1985 (3d Supp.), c. 19, s. 15.
PART XXII
PROCURING ATTENDANCE OF WITNESSES
Videotaped Evidence
[Evidence of complainant]
715.1 In any proceeding relating to an offence under section 151, 152, 153, 155 or 159, subsection 160(2) or (3), or section 170, 171, 172, 173, 271,
272 or 273, in which the complainant was under the age of eighteen years at the time the offence is alleged to have been committed, a videotape made
within a reasonable time after the alleged offence, in which the complainant describes the acts complained of, is admissible in evidence if the
complainant, while testifying, adopts the contents of the videotape.
Note: section 715.1 and the heading preceding section 715.1 were added by An Act to amend the Criminal Code and the Canada Evidence Act,
R.S.C. 1985 (3d Supp.), c. 19, s. 16.
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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