The Criminal Code of the Dominion of Canada, as Amended in 1893

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Contents

Sertence or process without jurisdiction 15
19
Irregular warrant or process 16
19
Arrest by peace officer of person found committing offence 17
19
Duty of persons arresting 19
19
Priyate person preventing escape from arrest for certain offences
20
Prevention by peace officers of breach of the peace
21
Suppression of riot by persons without orders
22
Selfdefence against provoked assault
23
Prevention of insult
24
Defence of dwellinghouse at night
25
Assertion of right to house or land
26
Discipline of minors
27
Obedience to de facto law
28
Offence committed other than the offence intended
39
Accessory after the fact
40
Attempts
42
Offences against public order internal and external
46
Conspiracy
47
Treasonable offences
48
Assaults on the Queen
49
Resisting execution of warrant for arrest of deserters
50
Unlawfully obtaining and communicating official information
51
Communicating information acquired by holding office
52
Definition of riot
55
Punishment of unlawful assembly
56
Duty of justice if rioters do not disperse
57
Riotous damage to buildings
58
Unlawful drilling
59
Forcible entry and detainer
60
Challenge to fight a duel
61
Challenging to fight a prizefight etc
62
Where the fight is not a prizefightdischarge or fine
63
Doing anything or possessing explosive substance with intent to cause dangerous explosions
64
Smugglers carrying offensive weapons
65
Selling pistol or airgun to minor
66
Having weapons on the person with intent to injure any person
67
Refusing to deliver offensive weapon to a justice
68
Sale of arms in the Northwest Territories
69
Intoxicating liquors on board Her Majestys ships
70
Other unlawful oaths
71
Compulsion in administering and taking oaths
72
Punishment of seditious offences
73
PART VIII
74
Piratical acts
75
Not fighting pirates
76
Offences affecting the administration of law and justice
77
Frauds upon the government
78
Other consequences of conviction for any such offence
80
Corrupt practices in municipal affairs
81
Selling office appointment etc
82
Disobedience to a statute
83
Misconduct of officers intrusted with execution of writs
84
PART X
85
Punishment of perjury
97
False oaths
98
Making false affidavit out of province in which it is used
99
Conspiring to bring false accusations
100
Administering oaths without authority
101
Corrupting juries and witnesses
104
Sec Page 156 Corruptly taking a reward for helping to recover stolen property without using diligence to bring offender to trial
105
Unlawfully advertising a reward for return of stolen property
106
PART XI
107
Assisting escape of prisoners of war
111
Escape from lawful custody
112
Unlawfully procuring discharge of prisoner
113
TITLE IV
114
Obstructing officiating clergyman
115
Disturbing public worship
116
Attempt to commit sodomy
118
Incest
119
Indecent acts
120
Acts of gross indecency
121
Posting immoral books etc
122
Seduction of girls under sixteen
123
Sec Page 183 Seduction of a ward servant etc
124
Unlawfully defiling women
125
Parent or guardian procuring defilement of girl
127
Householders permitting defilement of girls on their premises
128
Conspiracy to defile
129
Carnally knowing idiots etc
130
PART XIV
131
Common puisances which are criminal
133
Common bettinghouse defined
134
Playing or looking on in gaminghouse
135
Gaming stocks and merchandise
136
Betting and poolselling
137
Lotteries
138
Misconduct in respect to human remains
139
PART XV
140
TITLE V
143
Sec Page 212 Duty of persons doing dangerous acts
144
Abandoning children under two years of age
149
Causing bodily harm to apprentices or servants
151
PART XVII
205
Culpable homicide
206
Procuring death by false evidence
208
Acceleration of death
209
PART XVIII
210
Provocation
211
Punishment of murder
212
Threats to murder
222
Conspiracy to murder
224
Accessory after the fact to murder
225
Aiding and abetting suicide
227
Attempt to commit suicide
228
Concealing dead body of child
229
PART XIX
233
Unlawsul wounding
237
Shooting at Her Majestys vesselswounding customs or inland revenue officers
239
Administering poison so as to endanger life
240
Causing bodily injuries by explosives
241
Setting springguns and mantraps
243
Intentionally endangering the safety of persons on railways
245
Negligently causing bodily injury to any persons
249
Preventing the saving of the life of any person shipwrecked
250
Sending unseaworthy ships to sea
251
PART XX
252
Indecent assaults on males
253
Aggravated assault
254
Kidnapping
258
Common assaults
259
PART XXI
268
Punishment for rape
269
Attempt to commit rape
273
Defiling children under fourteen
274
Killing unborn child
275
Woman procuring her own miscarriage
276
PART XXII
279
Punishment of bigamy
280
Sec Page 277 Feigned marriages
287
Solemnization of marriage without lawful authority
288
Abduction of a woman
289
Abduction of girl under sixteen
292
Stealing children under fourteen
295
PART XXIII
296
Publishing defined
297
Fair discussion
298
Selling books containing defamatory inatter
299
Extortion by defumatory libel
300
Offences against rights of property and rights arising out
336
Animals capable of being stolen
337
Theft defined
338
Theft of things under seizure 310
340
Theft by agent
341
See Page 309 Theft by person holding a power of attorney
342
Theft by coowner
345
Husband and wife
346
PART XXV
347
Receiving stolen post letter or post letter bag
353
Receiving property obtained by offence punishable on summary conviction
354
When receiving is complete
355
Agents and attorneys punishment
369
Tenants and lodgers
370
Judicial or official documents
371
Stealing post letter bags etc
372
Election documents
373
Dogs birds beasts and other animals
374
Pigeons
375
Things fixed to buildings or to land
376
Trees in pleasure grounds etc of five dollars valuetrees elsewhere of twentyfive dollars value
377
Making false statements in receipts for property that can
378
Trees of the value of twentyfive cents
380
Roots plants etc growing in gardens etc
381
Sec Page 342 Roots plants etc growing elsewhere than in gardens etc
382
Stealing from the person
383
Stealing in dwellinghouses
384
Stealing by picklocks etc
389
Fraudulently disposing of goods intrusted for manufacture
390
Stealing wreck
392
Stealing things deposited in Indian graves
393
Concealing
396
Stealing things not otherwise provided for
397
Punishment of false pretense
398
Obtaining execution of valuable security by false pretense
414
Falsely pretending to enclose money etc in a letter
417
PART XXVIII
418
False statement by official
419
False statement by public officer
421
Frauds in respect to the registration of titles to land
422
Unlawful dealings with gold and silver
423
used under The Bank Actfraudulently dealing with property to which such receipts refer
424
Selling vessel or wreck not having title thereto
425
Marks to be used on public stores
426
Taking marks from public stores
427
Searching for stores near Her Majestys vessels
428
Receiving c a seamans property
429
Cheating at play
430
Pretending to practice witchcraft
433
PART XXIX
444
Robbery defined 398 Punishment of aggravated robbery 399 Punishment of robbery
446
Assault with intent to rob
447
Compelling execution of documents by force
448
Sending letter demanding property with menaces
449
Demanding with intent to steal
450
Extortion by certaiu threats
451
Extortion by other threats
454
PART XXX
469
Breaking place of worship and committing offence
470
Breaking place of worship with intent to commit offence
471
Sec Page 411 Housebreaking and committing an indictable offence
475
Housebreaking with intent to commit an indictable offence
478
Breaking shop and committing an indictable offence
480
Breaking shop with intent to commit an indictable offence
483
416 Being found armed with intent to break a dwelling house
484
Being disguised or in possession of housebreaking instruments
485
Punishment after previous conviction
488
PART XXXI
509
Forgery defined
510
Punishment of forgery
511
Uttering forged documents
521
426 Counterfeiting seals of courts registry offices etc
522
Possessing forged bank notes
523
Using probate obtained by forgery or perjury
524
PART XXXII
525
Counterfeiting stamps
526
Falsifying registers
530
Uttering false certificates
531
Clerks issuing false dividend warrants
532
Printing circulars etc in likeness of notes
533
Words or marks on watch cases
535
copper coin
545
Bringing instruments for coining from mints into Canada
549
Defacing current coins
550
Possessing counterfeit coins
551
Offences respecting foreign coins
552
Uttering light coins medals counterfeit copper coins etc
554
Uttering defaced coin
555
PART XXXVI
556
PART XXXVII
557
Arson
558
Attempt to commit arson 593
564
Recklessly setting fire to forest etc
565
Mischief on railways
567
Injuries to electric telegraphs etc
569
Wrecking
570
Preventing the saving of wrecked vessels or wreck
571
Mischief to mines
572
Mischief
575
Attempting to injure or poison cattle
579
Threats to injure cattle
580
Injuries to buildings by tenants
581
Injuries to land marks indicating municipal divisions
582
507a harbours
583
Injuries to vegetable productions growing in gardens etc
584
Injuries not otherwise provided for
585
CRUELTY TO ANIMALS
587
Intimidation of any person to prevent him from working at
593
Accessories after the fact to certain indictable offences
600
Procedure
602
Sec Page 535 Abolition of distinction between felony and misdemeanour
603
PART XLII
604
Exercising powers of two justices
605
PART XLIII
606
Disclosing official secrets
612
Trial of offenders under sixteen
613
Arrest without warrant
616
PART XLIV
627
When justice may compel appearance
629
Offences committed in the district of Gaspe
630
Information
632
Arrest of suspected deserter
633
Contents of summonsservice of summons
634
Warrant for apprehension in first instance
635
Execution of warrant
636
Proceeding when offender is not within the jurisdiction the justice issuing the warrant
637
Disposal of person arrested on endorsed warrant
638
Search warrant
639
Search for public stores
641
Search warrant for gold silver c
642
Search in gaminghouse
643
Search for vagrant
644
Procuring attendance of witnesses
645
Service of summons for witnesses
646
Warrant for witness in first instance
647
Procuring attendance of witpesses beyond jurisdiction of justice
648
Witness refusing to be examined
650
Discretionary powers of the justice
651
Bail on remand
653
Hearing may proceed during time of remand
654
Evidence for the prosecution
655
Evidence to be read to the accused
656
Confession or admission of accused
657
Person preferring char may have himself bound over to prosecute
658
Committal of accused for trial
659
Copy of depositions
660
Witness refusing to be bound over
662
Transmission of documents
664
Rule as to bail
665
Bail after committal
666
Bail by superior court
667
Warrant of deliverance
668
PART XLVI
670
Statement of venue
671
Offences may be charged in the alternative
678
Indictment for high treason or treasonable offence
679
Indictments for perjury and certain other offences
680
Indictment for pretending to send money etc in letter
681
Property of body corporate
684
Indictment for stealing ores or minerals
685
Indictment for offences respecting letter bags etc
686
Crim LawC
689
Accessories after the fact and receivers
697
Objections to an indictment
701
Time to plead to indictment
710
Special pleas
714
Depositions and judges notes on former trial
715
Plea of justification in case of libel
726
PART XLVII
727
PART XLVIII
728
Sending bill before grand jury
729
Coroners inquisition
732
Seo Page 643 Oath in open court not required s 783
733
Bench warrant and certificate
736
PART XLIX
740
PART L
751
Pleas in abatement abolished
752
Special provisions in the case of treason
755
PART LI
756
Prosecutors right to sum up
757
Qualification of juror
771
Mixed juries in the province of Quebec
772
Mixed juries in Manitoba
774
Calling the panel
776
Right to cause jurors to stand aside in case of libel
786
Jurors shall not be allowed to separate
787
Proceedings when previous offence charged
791
Compelling attendance of witnesses
792
Evidence of person dangerously ill may be taken under com mission
794
When evidence of one witness must be corroborated
795
Deposition of sick witness may be read in evidence
796
Depositions may be used on trial for other offences
800
Evidence of coin being false or counterfeit
801
Proof of previous conviction of witness
802
Proof of attested instrument
805
Party discrediting his own witness
806
Evidence of former written statements by witness
807
Proof of contradictory statements by witness
808
Evidence of place being a common gaminghouse
809
Evidence in certain cases of libel
810
Evidence in case of fraudulent marks on merchandise
811
Attempt chargedfull offence proved
817
Offence chargedpart only proved
818
On indictment for murder conviction may be of concealment of birth
826
Trial of joint receivers
827
The same after previous conviction
828
Sec Page 721 Destroying counterfeit coin
829
Amendment to be endorsed on the record
830
Form of record of conviction or acquittal
845
Jury retiring to consider verdict
849
Proceedings on Sunday
850
Stay of proceedings
851
Motion in arrest of judgment on verdict of guilty
852
Judgment not to be arrested for formal defects
854
Verdict not to be impeached for certain omissions as to jurors
860
Insanity of accused on arraignment or trial
861
PART LII
864
Appeal when no question is reserved
865
New trial by order of Minister of Justice
873
Sec Page 760 Calendar of criminal cases in Nova Scotia
876
PART LIII
877
Duty of sheriff after committal of accused
878
Persons jointly accused
880
Powers of judge
881
PART LV
884
When magistrate shall have absolute jurisdiction
885
Summary trial in certain other cases
886
Punishment for certain other offences
887
Full defence allowed
888
Certificate of dismissal a bar to further proceedings
889
Forms to be used
890
Certain provisions not applicable to this part is
892
Procuring appearance of accused
893
Summons to witness
894
20 Form of conviction
895
Further proceedings barred
896
Costs
897
Application of this part
898
Sec Page 834 Costs on conviction for assault
899
Taxation of costs
900
Compensation to bonâ fide purchaser of stolen property
901
PART LVIII
906
Jurisdiction
907
Backing warrants
908
Execution of warrant
909
Nonappearance of prosecutor
910
Adjudication by justice
911
Disposal of penalties on conviction of joint offenders
917
Sec Page 918 Proceeding on forfeited recognizance not to be taken éxcept
918
Certificate of dismissal
919
Release from further proceedings
920
Provisions respecting convictions
921
Order as to collection of costs
929
Endorsement of warrant of distress
931
Distress not to issue in certain cases
932
Appeal
933
Conditions of appeal
934
Proceedings on appeal
935
Appeal on matters of form
937
Costs when appeal not prosecuted
938
Irregularities within the preceding section
939
Imperial Act superseded
940
Abandonment of appeal
944
Tender and payment 916
946
Publication c of returns
947
Prosecutions for penalties under the preceding section
948
Preserving order in court
949
PART LIX
950
Right of surety to render not affected
951
Officer to prepare lists of persons under recognizance making default
953
Sale of lands by sheriff under estreated recognizance
954
SPECIAL PROVISIONS
955
Further detention of person accused 874
957
PART LX
958
TITLE VIII
959
Fine imposed shall be in discretion of court
960
Sentence of death to be reported to Secretary of State
961
When deputies may act
962
prison 6
963
PART LXIII
964
Punishment for offence committed after previous conviction
965
prisonment may be for shorter time than that prescribed
966
Imprisonment in reformatories
967
PART LXIV
968
Recognizance to keep the peace
969
Inquest to be held
972
PART LXVI
973
PART LXVII
974
Attainder
975
Place of burial
976
Satisfying judgment
977
Conditions of release
978
TITLE IX
979
TITLE X
980
Application of Act to N W T and Keewatin
981
Forms
983
APPENDIX Acts and parts of Acts which are not affected by this Act
986
Time for pleading to indictment in Ontario 876
1016
Costs in case of libel 899
1030
Delay in prosecution 876
1038

Common terms and phrases

Popular passages

Page 536 - false trade description " means a trade description which is false in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement, or otherwise, where that alteration makes the description false in a material respect...
Page 802 - ... a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by the clerk of the Court, or other officer...
Page 807 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine, shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and Jury as evidence of the genuineness or otherwise of the writing in dispute.
Page 421 - ... to be false in any material particular, with intent to deceive or defraud any member, shareholder, or creditor of such body corporate or public company, or with intent to induce any person to become a shareholder or partner therein, or to intrust or advance any property to such body corporate or public company, or to enter into any security for the benefit thereof, shall be guilty of a misdemeanor...
Page 913 - B., &c., (stating the offence and the time and place when and where committed), and I adjudge the said AB, for his said offence, to forfeit and pay the sum of (stating the penalty, and also the compensation, if any), to be paid and applied according to law...
Page 256 - ... with intent to resist or prevent the lawful apprehension or detainer of any person...
Page 659 - Having heard the evidence, do you wish to say anything in answer to the charge ? You are not obliged to say anything unless you desire to do so ; but whatever you say will be taken down in writing, and may be given in evidence against you at your trial.
Page 793 - Provided, that if upon the trial of any person for any such subsequent offence such person shall give evidence of his good character, it shall be lawful for the prosecutor, in answer thereto, to give evidence of the conviction of such person for the previous...
Page 864 - English law, had the prisoner been of sound memory, he might have alleged something in stay of judgment or execution.
Page 929 - ... shall be sooner paid unto you the said keeper ; and for your so doing this shall be your sufficient warrant.

Bibliographic information