CONSOLIDATED STATUTES OF CANADA
C
Criminal Code
PART II OFFENCES AGAINST PUBLIC ORDER
Treason and other Offences against the Queen's Authority and Person
(3) No person shall be convicted of high treason or treason 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.
(4) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by subsection (1) is a minimum punishment.
R.S., c. C-34, s. 47; 1974-75-76, c. 105, s. 2.
48. (1) No proceedings for an offence of treason as defined by paragraph 46(2)(a) shall be commenced more than three years after the time when the offence is alleged to have been committed.
Information for treasonable words
(2) No proceedings shall be commenced under section 47 in respect of an overt act of treason expressed or declared by open and considered speech unless
(a) an information setting out the overt act and the words by which it was expressed or declared is laid under oath before a justice within six days after the time when the words are alleged to have been spoken; and
(b) a warrant for the arrest of the accused is issued within ten days after the time when the information is laid.
R.S., c. C-34, s. 48; 1974-75-76, c. 105, s. 29.
Prohibited Acts
Acts intended to alarm Her Majesty or break public peace
49. Every one who wilfully, in the presence of Her Majesty,
(a) does an act with intent to alarm Her Majesty or to break the public peace, or
(b) does an act that is intended or is likely to cause bodily harm to Her Majesty,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 49.
Assisting alien enemy to leave Canada, or omitting to prevent treason
50. (1) Every one commits an offence who
(a) incites or wilfully assists a subject of
(i) a state that is at war with Canada, or
(ii) a state against whose forces Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the state whose forces they are,
to leave Canada without the consent of the Crown, unless the accused establishes that assistance to the state referred to in subparagraph (i) or the forces of the state referred to in subparagraph (ii), as the case may be, was not intended thereby; or
(b) knowing that a person is about to commit high treason or treason does not, with all reasonable dispatch, inform a justice of the peace or other peace officer thereof or make other reasonable efforts to prevent that person from committing high treason or treason.
(2) Every one who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 50; 1974-75-76, c. 105, s. 29.
Intimidating Parliament or legislature
51. Every one who does an act of violence in order to intimidate Parliament or the legislature of a province is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 51.
52. (1) Every one who does a prohibited act for a purpose prejudicial to
(a) the safety, security or defence of Canada, or
(b) the safety or security of the naval, army or air forces of any state other than Canada that are lawfully present in Canada,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Definition of "prohibited act"
(2) In this section, "prohibited act" means an act or omission that
(a) impairs the efficiency or impedes the working of any vessel, vehicle, aircraft, machinery, apparatus or other thing; or
(b) causes property, by whomever it may be owned, to be lost, damaged or destroyed.
(3) No person does a prohibited act within the meaning of this section by reason only that
(a) he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;
(b) he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or
(c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.
(4) No person does a prohibited act within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.
R.S., c. C-34, s. 52.
53. Every one who
(a) attempts, for a traitorous or mutinous purpose, to seduce a member of the Canadian Forces from his duty and allegiance to Her Majesty, or
(b) attempts to incite or to induce a member of the Canadian Forces to commit a traitorous or mutinous act,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 53.
54. Every one who aids, assists, harbours or conceals a person who he knows is a deserter or absentee without leave from the Canadian Forces is guilty of an offence punishable on summary conviction, but no proceedings shall be instituted under this section without the consent of the Attorney General of Canada.
R.S., c. C-34, s. 54.
55. In proceedings for an offence against any provision in section 47 or sections 49 to 53, no evidence is admissible of an overt act unless that overt act is set out in the indictment or unless the evidence is otherwise relevant as tending to prove an overt act that is set out therein.
R.S., c. C-34, s. 55.
Offences in relation to members of R.C.M.P.
56. Every one who wilfully
(a) persuades or counsels a member of the Royal Canadian Mounted Police to desert or absent himself without leave,
(b) aids, assists, harbours or conceals a member of the Royal Canadian Mounted Police who he knows is a deserter or absentee without leave, or
(c) aids or assists a member of the Royal Canadian Mounted Police to desert or absent himself without leave, knowing that the member is about to desert or absent himself without leave,
is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 56; R.S., 1985, c. 27 (1st Supp.), s. 8.
Passports
Forgery of or uttering forged passport
57. (1) Every one who, while in or out of Canada,
(a) forges a passport, or
(b) knowing that a passport is forged
(i) uses, deals with or acts on it, or
(ii) causes or attempts to cause any person to use, deal with or act on it, as if the passport were genuine,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
False statement in relation to passport
(2) Every one who, while in or out of Canada, for the purpose of procuring a passport for himself or any other person or for the purpose of procuring any material alteration or addition to any such passport, makes a written or an oral statement that he knows is false or misleading
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
Possession of forged, etc., passport
(3) Every one who without lawful excuse, the proof of which lies on him, has in his possession a forged passport or a passport in respect of which an offence under subsection (2) has been committed is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
(4) For the purposes of proceedings under this section,
(a) the place where a passport was forged is not material; and
(b) the definition "false document" in section 321, and section 366, apply with such modifications as the circumstances require.
(5) In this section, "passport" means a document issued by or under the authority of the Minister of Foreign Affairs for the purpose of identifying the holder thereof.
(6) Where a person is alleged to have committed, while out of Canada, an offence under this section, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.
Appearance of accused at trial
(7) For greater certainty, the provisions of this Act relating to
(a) requirements that an accused appear at and be present during proceedings, and
(b) the exceptions to those requirements,
apply to proceedings commenced in any territorial division pursuant to subsection (6).
R.S., 1985, c. C-46, s. 57; R.S., 1985, c. 27 (1st Supp.), s. 9; 1992, c. 1, s. 60(F); 1994, c. 44, s. 4; 1995, c. 5, s. 25.
Fraudulent use of certificate of citizenship
58. (1) Every one who, while in or out of Canada,
(a) uses a certificate of citizenship or a certificate of naturalization for a fraudulent purpose, or
(b) being a person to whom a certificate of citizenship or a certificate of naturalization has been granted, knowingly parts with the possession of that certificate with intent that it should be used for a fraudulent purpose,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Definition of "certificate of citizenship" and "certificate of naturalization"
(2) In this section, "certificate of citizenship" and "certificate of naturalization", respectively, mean a certificate of citizenship and a certificate of naturalization as defined by the Citizenship Act.
R.S., c. C-34, s. 59; 1974-75-76, c. 108, s. 41.
Sedition
59. (1) Seditious words are words that express a seditious intention.
(2) A seditious libel is a libel that expresses a seditious intention.
(3) A seditious conspiracy is an agreement between two or more persons to carry out a seditious intention.
(4) Without limiting the generality of the meaning of the expression "seditious intention", every one shall be presumed to have a seditious intention who
(a) teaches or advocates, or
(b) publishes or circulates any writing that advocates,
the use, without the authority of law, of force as a means of accomplishing a governmental change within Canada.
R.S., c. C-34, s. 60.
60. Notwithstanding subsection 59(4), no person shall be deemed to have a seditious intention by reason only that he intends, in good faith,
(a) to show that Her Majesty has been misled or mistaken in her measures;
(b) to point out errors or defects in
(i) the government or constitution of Canada or a province,
(ii) Parliament or the legislature of a province, or
(iii) the administration of justice in Canada;
(c) to procure, by lawful means, the alteration of any matter of government in Canada; or
(d) to point out, for the purpose of removal, matters that produce or tend to produce feelings of hostility and ill-will between different classes of persons in Canada.
R.S., c. C-34, s. 61.
Punishment of seditious offences
61. Every one who
(a) speaks seditious words,
(b) publishes a seditious libel, or
(c) is a party to a seditious conspiracy,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 62.
Offences in relation to military forces
62. (1) Every one who wilfully
(a) interferes with, impairs or influences the loyalty or discipline of a member of a force,
(b) publishes, edits, issues, circulates or distributes a writing that advises, counsels or urges insubordination, disloyalty, mutiny or refusal of duty by a member of a force, or
(c) advises, counsels, urges or in any manner causes insubordination, disloyalty, mutiny or refusal of duty by a member of a force,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Definition of "member of a force"
(2) In this section, "member of a force" means a member of
(a) the Canadian Forces; or
(b) the naval, army or air forces of a state other than Canada that are lawfully present in Canada.
R.S., c. C-34, s. 63.
Unlawful Assemblies and Riots
63. (1) An unlawful assembly is an assembly of three or more persons who, with intent to carry out any common purpose, assemble in such a manner or so conduct themselves when they are assembled as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that they
(a) will disturb the peace tumultuously; or
(b) will by that assembly needlessly and without reasonable cause provoke other persons to disturb the peace tumultuously.
Lawful assembly becoming unlawful
(2) Persons who are lawfully assembled may become an unlawful assembly if they conduct themselves with a common purpose in a manner that would have made the assembly unlawful if they had assembled in that manner for that purpose.
(3) Persons are not unlawfully assembled by reason only that they are assembled to protect the dwelling-house of any one of them against persons who are threatening to break and enter it for the purpose of committing an indictable offence therein.
R.S., c. C-34, s. 64.
64. A riot is an unlawful assembly that has begun to disturb the peace tumultuously.
R.S., c. C-34, s. 65.
65. Every one who takes part in a riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 66.
Punishment for unlawful assembly
66. Every one who is a member of an unlawful assembly is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 67.
67. A person who is
(a) a justice, mayor or sheriff, or the lawful deputy of a mayor or sheriff,
(b) a warden or deputy warden of a prison, or
(c) the institutional head of a penitentiary, as those expressions are defined in subsection 2(1) of the Corrections and Conditional Release Act, or that person's deputy,
who receives notice that, at any place within the jurisdiction of the person, twelve or more persons are unlawfully and riotously assembled together shall go to that place and, after approaching as near as is safe, if the person is satisfied that a riot is in progress, shall command silence and thereupon make or cause to be made in a loud voice a proclamation in the following words or to the like effect:
Her Majesty the Queen charges and commands all persons being assembled immediately to disperse and peaceably to depart to their habitations or to their lawful business on the pain of being guilty of an offence for which, on conviction, they may be sentenced to imprisonment for life. GOD SAVE THE QUEEN.
R.S., 1985, c. C-46, s. 67; 1994, c. 44, s. 5.
Offences related to proclamation
68. Every one is guilty of an indictable offence and liable to imprisonment for life who
(a) opposes, hinders or assaults, wilfully and with force, a person who begins to make or is about to begin to make or is making the proclamation referred to in section 67 so that it is not made;
(b) does not peaceably disperse and depart from a place where the proclamation referred to in section 67 is made within thirty minutes after it is made; or
(c) does not depart from a place within thirty minutes when he has reasonable grounds to believe that the proclamation referred to in section 67 would have been made in that place if some person had not opposed, hindered or assaulted, wilfully and with force, a person who would have made it.
R.S., c. C-34, s. 69.
69. A peace officer who receives notice that there is a riot within his jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 70.
Unlawful Drilling
70. (1) The Governor in Council may, by proclamation, make orders
(a) to prohibit assemblies, without lawful authority, of persons for the purpose
(i) of training or drilling themselves,
(ii) of being trained or drilled to the use of arms, or
(iii) of practising military exercises; or
(b) to prohibit persons when assembled for any purpose from training or drilling themselves or from being trained or drilled.
(2) An order that is made under subsection (1) may be general or may be made applicable to particular places, districts or assemblies to be specified in the order.
(3) Every one who contravenes an order made under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., 1985, c. C-46, s. 70; 1992, c. 1, s. 60(F).
CONSOLIDATED STATUTES OF CANADA
C
Criminal Code
PART II OFFENCES AGAINST PUBLIC ORDER
Treason and other Offences against the Queen's Authority and Person