THE

CRIMINAL CODE, 1892.

[55-56 VICT., c. 29.]

AN ACT RESPECTING THE CRIMINAL LAW.

HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

TITLE I.

[Assented to 9th July, 1892.]

INTRODUCTORY PROVISIONS.

2.

first day of July, 1893.

PART I.

PRELIMINARY.

Short title. This Act may be cited for all purposes as The Criminal Code, 1892.

ommencement of Act.-This Act shall come into force on the

3. Explanation of terms.—In this Act the following expressions have the meanings assigned to them in this section unless the context requires otherwise :

(a) The expression" any Act," or "any other Act," includes any Act passed or to be passed by the Parliament of Canada, or any Act passed by the legislature of the late province of Canada, or passed or to be passed by the legislature of any province of Canada, or passed

by the legislature of any province included in Canada before it was included therein; R.S.C., c. 174, s. 2 (a).

(b.) The expression "Attorney-General" means the AttorneyGeneral or Solicitor-General of any province in Canada in which any proceedings are taken under this Act, and, with respect to the Northwest Territories and the district of Keewatin, the Attorney-General of Canada; R.S.C., c. 150, s. 2 (a).

(c.) The expression "banker" includes any director of any incorporated bank or banking company; R.S.C., c. 164, s. 2 (g).

(cl.) "Carnal knowledge" is complete upon penetration to any even the slightest degree, and even without the emission of seed.

(d.) The expression "cattle," includes any horse, mule, ass, swine, sheep or goat, as well as any neat cattle or (animal of the bovine species, and by whatever technical or familiar name known, and shall apply to one animal as well as to many; R.S.C., c. 172, s. 1.

(e.) The expression "Court of Appeal" includes the following courts: R.S.C., c. 174, s. 2 (h).

(i.) In the province of Ontario, any division of the High Court of Justice;

(ii) In the province of Quebec, the Court of Queen's Bench, appeal side;

(iii.) In the provinces of Nova Scotia, New Brunswick and British Columbia, and in the North-west Territories, the Supreme Court in banc;

(iv.) In the province of Prince Edward Island, the Supreme Court of Judicature;

(v.) In the province of Manitoba, the Court of Queen's Bench;

(f.) The expression "district county or place" includes any division of any province of Canada for purposes relative to the administration of justice in criminal cases; R. S. C., c. 174, s. 2 (ƒ).

(9.) The expression "document of title to goods" includes any bill of lading, India warrant, dock warrant, warehouse-keeper's certificate, warrant or order for the delivery or transfer of any goods or valuable thing, bought and sold note, or any other document used in the ordinary course of business as proof of the possession or control of goods, authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to; R.S.C., c. 164, s. 2 (a).

(h.) The expression "document of title to lands" includes any deed, map, paper or parchment, written or printed, or partly written and partly printed, being or containing evidence of the title, or any part of the title, to any real property, or to any interest in any real property, or any notarial or registrar's copy thereof, or any duplicate instrument, memorial, certificate or document authorized or required by any law in force in any part of Canada respecting

registration of titles, aud relating to such title; R.S.C., c. 164, 8.2 (b).

(i.) The expression "explosive substance "includes any materials for making an explosive substance; also any apparatus, machine, implement, or materials used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; and also any part of any such apparatus, machine or implement; RS.C., c. 150, s. 2 (b).

(j)"Finding the indictment " includes also exhibiting an information and making a presentment; R.S.C., c. 174, s. 2 (d).

Finding the indictment" formerly included the taking of an inquisition : but it will be seen, by article 642, that, in future, no one is to be tried upon a coroner's inquisition: and, upon the taking of any such inquisition whereby any person is charged with manslaughter or murder, the coroner, according to article 568, must,-if the person so affected be not already charged with the offence before a magistrate or justice,-have him brought or made to appear before a magistrate or justice for prosecution.

A criminal information is an accusation of crime made against a person by the Attorney General or the Solicitor General without sending an indictment before a grand jury, and is usually filed, as explained by Sir James F. Stephen,

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in cases of misdemeanors having a tendency to disturb the public peace or "to interfere with good government, as, for instance, cases of seditious libels or other libels in which the public are interested, cases of official cor"ruption or fraud or misconduct, cases of bribery.” (1).

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Although A PRESENTMENT is made of a true bill when found by a grand jury. upon an indictment laid before them, a presentment properly,so called is a written charge made against a particular person by a grand jury accusing such person of an offence of which the grand jury have taken notice from their own knowledge and observation, without any previous indictment being laid before them. Lord Coke says, "every indictment is a presentment, but every presentment is not an indictment." (2)

(k) Having in one's possession, includes not only having in one's own personal possession, but also knowingly

(i) having in the actual possession or custody of any other per

son; and

(ii) having in any place (whether belonging to or occupied by one's self or not) for the use or benefit of one's self or of any other person; R.S.C., c. 164, s. 2 (1); c. 165, s, 2; c. 167, s. 2; c. 171, s. 3; 50-51 V., c. 45, s. 2 (e).

If there are two or more persons, any one or more of whom, with the knowledge and consent of the rest, have any swehr thing ensala in his or their custody or possession, it shall be deemed and taken to be in the custody and possession of each and all of them;

The expressions "indictment" and "count" respectively include information and presentment as well as indictment, and G., c. 174, s. 2 (c). also any plea, replication or other pleading, and any record; R.S.

(1) Steph. Dig. Cr. Proc., 126.

(2) 2 Inst. 739.

(m.) The expression "intoxicating liquor" means and includes any alcoholic, spirituous, vinous, fermented or other intoxicating liquor, or any mixed liquor a part of which is spirituous or vinous, fermented or otherwise intoxicating; R.S.C., c. 151. s. i (d.)

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The English Licensing Act 35 & 36 Vict. c. 94. sec. 74, defines intoxicating liquor as spirits, wine, beer, porter, cider, perry, and sweets, and any fer"mented, distilled, or spirituous liquor which cannot, according to any law for "the time being in force, be legally sold without a license from the Commis"sioners of Inland Revenue."

as "

The Canada Temperance Act, 49 Vict. c. 106, s. 2, defines intoxicating liquors any and every spirituous or malt liquor and every wine and any and every combination of liquors or drinks that is intoxicating and any mixed liquor capable of being used as a beverage and part of which is spirituous or "otherwise intoxicating."

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And by the Quebec License Act 1878 the words intoxicating liquors mean, brandy, rum, whiskey, gin, and wine of all descriptions, ale, beer, lager beer,

porter cider and all other liquors containing an intoxicating principle, and all beverages, composed wholly or in part of any such liquors."

(n.) The expression "justice" means a justice of the peace, and includes two or more justices, if two or more justices act or have jurisdiction, and also any person having the power or authority of two or more justices of the peace; R.S.C., c. 174, s. 2 (b).

(o.) The expression" loaded arms" includes any gun, pistol or other arm loaded with gun powder, or other explosive substance, and ball, shot, slug or other destructive material, or charged with compressed air and ball, shot, slug or other destructive material;

(o'.) The expression "military law" includes The Militia Act and any orders, rules and regulations made thereunder, the Queen's Regulations and Orders for the Army; any Act of the United Kingdom or other law applying to Her Majesty's troops in Canada, and all other orders, rules and regulations of whatever nature or kind soever to which Her Majesty's troops in Canada are subject;

(p.) The expression "municipality" includes the corporation of any city, town, village, county, township, parish or other territorial or local division of any province of Canada, the inhabitants whereof are incorporated or have the right of holding property for any purpose; R.S.C., c. 164, s. 2 (j).

(pl.) In the sections of this Act relating to defamatory libel the word "newspaper" shall mean any paper, magazine or periodical containing public news, intelligence or occurrences, 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 also any paper, magazine or periodical printed in order to be dispersed and made public, weekly or oftener, or at intervals not exceeding thirty-one days, and containing only or principally advertisements;

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(q.) The expression night " or night time" means the interval between nine o'clock in the afternoon and six o'clock in the

forenoon of the following day, and the expression "day" or "day time" includes the interval between six o'clock in the forenoon and nine o'clock in the after-noon of the same day;

(r.) The expression "offensive weapon" includes any gun or other fire-arm or air-gun, or any part thereof, or any sword, sword blade, bayonet, pike. pike-head, spear, spear-head, dirk, dagger, knife, or other instrument intended for cutting or stabbing, or any metal knuckles, or other deadly or dangerous weapon, and any instrument or thing intended to be used as a weapon, and all ammunition which may be used with or for any weapon: R.S.C., c. 151, s. 1 (c).

(8.) The expression "peace officer" includes a mayor, warden, reeve, sheriff, deputy sheriff, sheriff's officer, and justice of the peace, and also the warden, keeper or guard of a penitentiary and the gaoler or keeper of any prison, and any police officer, police constable, bailiff, constable or other person employed for the preservation and maintenance of the public peace, or for the service or execution of civil process;

(t) The expressions "per-on," "owner," and other expressions of the same kind include Her Majesty and all public bodies, bodies corporate, societies, companies, and inhabitants of counties, parishes, municipalities or other districts in relation to such acts and things as they are capable of, doing, and owning respectively;

(u.) The expression "prison" includes any penitentiary, common gaol, public or reformatory prison, lock-up, guard room or other place in which persons charged with the commission of offences are usually kept or detained in custody;

(v.) The expression "property" includes: R.S.C., c. 164, s. 2 (e).

(i.) every kind of real and personal property, and all deeds and instruments relating to or evidencing the title or right to any property, or giving a right to recover or receive any money or goods;

(i.) not only such property as was originally in the possession or under the control of any person, but also any property into or for which the same has been converted or exchanged and anything acquired by such conversion or exchange, whether immediately or otherwise;

(iii) any postal card, postage stamp or other stamp issued or prepared for issue by the authority of the Parliament of Canada, or of the legislature of any province of Canada, for the payment to the Crown or any corporate body of any fee,, rate or duty, and whether still in the possession of the Crown or of any person or corporation; and such postal card or stamp shall be held to be a chattel, and to be equal in value to the amount of the postage, rate or duty expressed on its face in words or figures or both;

(.) The expression "public officer" includes any inland revenue or customs officer, officer of the army, navy, marine, militia, Northwest mounted police, or other officer engaged in enforcing the laws relating to the revenue, customs, trade or navigation of Canada;