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For the people who mislead justice...
131. (1) [Perjury] Subject to subsection (3), every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn or deposition or orally, knowing that the statement is false.
(2) [Idem] Subsection (1) applies, whether or not a statement referred to in that subsection is made in a judicial proceeding.
(3) [Application] Subsection (1) does not apply to a statement referred to in that subsection that is made by a person who is not specially permitted, authorized or required by law to make that statement.
S.R., ch. C-34, art.120 ; L.R., ch. 27 (1er suppl.), art.17.
132. [Punishment] Every one who commits perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years, but if a person commits perjury to procure the conviction of another person for an offence punishable by death, the person who commits perjury is liable to a maximum term of imprisonment for life.
S.R., ch. C-34, art.121 ; L.R., ch. 27 (1er suppl.), art.17.
133. [Corroboration] No person shall be convicted of an offence under section 132 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.
S.R., ch. C-34, art.122 ; L.R., ch. 27 (1er suppl.), art.17.
134. (1) [Idem] Subject to subsection (2), every one who, not being specially permitted, authorized or required by law to make a statement under oath or solemn affirmation, makes such a statement, by affidavit, solemn declaration or deposition or orally before a person who is authorized by law to permit it to be made before him, knowing that the statement is false, is guilty of an offence punishable on summary conviction.
(2) [Application] Subsection (1) does not apply to a statement referred to in that subsection that is made in the course of a criminal investigation.
1974-75-76, ch. 93,art. 6 ; L.R., ch. 27 (ler suppl.), art. 17.
135. Replaced.
L.R., ch. 27 (ler suppl.), art. 17.
137. [Fabricating evidence] Every one who, with intent to mislead, fabricates anything with intent that it shall be used as evidence in a judicial proceeding, existing or proposed, by any means other than perjury or incitement to perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
S.R., ch. C-34, art. 125.
138. [Offences relating to affidavits] Every one who
(a) signs a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared before him when the writing was not so sworn or declared or when he knows that lie has no authority to administer the oath or declaration,
(b) uses or offers for use any writing purporting to be an affidavit or statutory declaration that lie knows was not sworn or declared, as the case may be, by the affiant or declarant or before a person authorized in that behalf, or
(c) signs as affiant or declarant a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared by him, as the case may be, when the writing was not so sworn or declared,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
S.R., ch. C-34, art. 126
139. (1) [Obstructing justice] Every one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding,
(a) by indemnifying or agreeing to indemnify a surety, in any way and either in whole or in part, or
(b) where he is a surety, by accepting or agreeing to accept a fee or any form of indemnity whether in whole or in part from or in respect of a person who is released or is to be released from custody,
is guilty of
(c) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(d) an offence punishable on summary conviction.
(2) [Idem] Every one who wilfully attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
(3) [Idem] Without restricting the generality of subsection (2), every one shall be deemed wilfully to attempt to obstruct, pervert or defeat the course of justice who in judicial proceeding, existing or proposed,
(a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence;
(b) influences or attempts to influence by threats, bribes or other corrupt means a person in his conduct as a juror; or
(c) accepts or obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence, or to do or to refrain from doing anything as a juror
S.R., ch. C-34, art.127, ch. 2 (2e suppl.), art.3 ; 1972, ch. 13, art. 8.
140. (1) [Public mischief] Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by
(a) making a false statement that accuses some other person of having committed an offence;
(b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;
(c) reporting that an offence has been committed when it has not been committed; or
(d) reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.
(2) [Punishment] Every one who commits
public mischief
(a) is guilty of an indictable offence and liable
to imprisonment for a term not exceeding five years;or
(b) is guilty of an offence punishable on summary conviction.
S.R., ch. C-34, art. 128; 1972, ch. 13, art. 8; L.R., ch. 27 ( 1er suppl.), art. 19.
141. (1) [Compounding indictable offence] Every one who asks for or obtains or agrees to receive or obtain any valuable consideration for himself or any other person by agreeing to compound or conceal an indictable offence is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
(2) [Exception for diversion agreements] No offence is committed under subsection (1) where valuable consideration is received or obtained or is to be received or obtained under an agreement for compensation or restitution or personal services that is
(a) entered into with the consent of the Attorney General; or
(b) made as part of a program, approved by the Attorney General, to divert persons charged with indictable offences from criminal proceedings.
S.R., ch. C-34, art. 129; LR.,ch. 27 (1er suppl.), art. 19.
142. [Corruptly taking reward for recovery of goods] Every one who corruptly accepts any valuable consideration, directly or indirectly, under pretence or on account of helping any person to recover anything obtained by the commission of an indictable offence is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
S.R., ch. C-34, art. 130.
239. [Attempt to commit murder] Every person who attempts by any means to commit murder is guilty of an indictable offence and liable
(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
(b) in any other case, to imprisonment for life.
S.R., ch. C-34, art. 222; 1995, ch. 39, art. 143.
264. (1) [Criminal harassment] No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or thé safety of anyone known to them.
(2). [Prohibited conduct] The conduct mentioned in subsection (1) consists of
(a) repeatedly following from place to place the other person or anyone known to them;
(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
(d) engaging in threatening conduct directed at the other person or any member of their family.
(3) [Punishment] Every person who contravenes this section 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.
L.R., ch. 27 (1er suppl.), art. 37; 1993, ch. 45, art. 2.
Assaults
264.1 (1) [Uttering threats] Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
(a) to cause death or bodily harm to any person;
(b) to burn, destroy or damage real or personal
property; or
(c) to kill, poison or injure an animal or bird that is the property of any person.
(2) [Punishment]Every one who commits an offence under paragraph(1)(a) is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
(3) [Idem] Every one who commits an offence
under paragraph (1) (b) or (c)
(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.
L.R., ch. 27 (ler suppl.), art. 38 ; 1994, ch. 44, art. 16.
265. (1) [Assault] 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.
(2) [Application] 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.
(3) [Consent] 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.
(4) [Accused’s belief as to consent] 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.
S.R.,ch. C-34, art. 244; 1974-75-76, ch. 93, art. 21; 1980-81-82-83, ch. 125, art. 19.
266. [Assault] 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.
S.R., ch. C-34, art. 245; 1972, ch. 13, art. 21 ; 1974-75-76, ch. 93, art. 22; 1980-81-82-83, ch. 125, art. 19.
268. (1) [Aggravated assault] Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.
(2) [Punishment] 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, ch. 125, art. 19.
269.1 (1) [Torture] Every official, or every person acting at the instigation of or with the consent or acquiescence of an official, who inflicts torture on any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
(2) [Definitions] For the purposes of this section,
["official" fonctionnaire"] "official" means
(a) a peace officer,
(b) a public officer,
(c) a member of the Canadian Forces, or
(d) any person who may exercise powers
pursuant to a law in force in a foreign state, that would, in Canada, be exercised by a person referred to in paragraph (a), (b), or (c),
whether the person exercises powers in Canada or outside Canada;
["torture" "torture"] "torture" means any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person
(a) for a purpose including
(i) obtaining from the person or from a third person information or a statement,
(ii) punishing the person for an act that the person or a third person has committed or is suspected of having committed, and
(iii) intimidating or coercing the person or a third person, or
(b) for any reason based on discrimination of any kind,
but does not include any act or omission arising only from, inherent in or incidental to lawful sanctions.
(3) [No defence] It is no defence to a charge under this section that the accused was ordered by a superior or a public authority to perform the act or omission that forms the subject-matter of the charge or that the act or omission is alleged to have been justified by exceptional circumstances, including a state of war, a threat of war, internal political instability or any other public emergency.
(4) [Evidence] In any proceedings over which Parliament has jurisdiction, any statement obtained as a result of the commission of an offence under this section is inadmissible in evidence, except as evidence that the statement was so obtained.
L.R., ch. 10 (3e suppl.), art. 2.
273.1 (1) [Meaning of "consent"] 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.
(2) [Where no consent obtained] 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;
PART XIII
ATTEMPTS - CONSPIRACIES
ACCESSORIES
463. [Attempts, accessories] Except where otherwise expressly provided by law, the following provisions apply in respect of persons who attempt to commit or are accessories after the fact to the commission of offences:
(a) every one who attempts to commit or is an accessory after the fact to the commission of an indictable offence for which, on conviction, an accused is liable to be sentenced to death or to imprisonment for life is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years;
(b) every one who attempts to commit or is an accessory after the fact to the commission of an indictable offence for which, on conviction, an accused is liable to imprisonment for fourteen years or less is guilty of an indictable offence and liable to imprisonment for a term that is one-half of the longest term to which a person who is guilty of that offence is liable;
(c).every one who attempts to commit or is an accessory after the fact to the commission of an offence punishable on summary conviction is guilty of an offence punishable on summary conviction; and
(d) every one who attempts to commit or is an accessory after the fact to the commission of an offence for which the offender may be prosecuted by indictment or for which he is punishable on summary conviction
(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding a term that is one-half of the longest term to which a person who is guilty of that offence is liable, or
(ii) is guilty of an offence punishable on summary conviction.
S.R.., ch. C-34, art. 421; L.R., ch. 27 (1er suppl.), art. 59.
464. [Counselling offence that is not committed] Except where otherwise expressly provided by law, the following provisions apply in respect of persons who counsel other persons to commit offences, namely,
(a)every one who counsels another person to commit an indictable offence is, if the offence is not committed, guilty of an indictable offence and liable to the same punishment to which a person who attempts to commit that offence is liable; and
(b)every one who counsels another person to commit an offence punishable on summary conviction is, if the offence is not committed, guilty of an offence punishable on summary conviction.
S.R., ch. C-34, art. 422; L.R., ch. 27 (1er suppl.), art. 60.
465. (1) [Conspiracy] Except where other wise expressly provided by law, the following provisions apply in respect of conspiracy:
(a) every one who conspires with any one to commit murder or to cause another person to be murdered, whether in Canada or not, is guilty of an indictable offence and liable to a maximum term of imprisonment for life;
(b) every one who conspires with any one to prosecute a person for an alleged offence, knowing that he did not commit that offence, is guilty of an indictable offence and liable
(i) to imprisonment for a term not exceeding ten years, if the alleged offence is one for which, on conviction, that person would be liable to be sentenced to death or imprisonment for life or for a term not exceeding fourteen years, or
(ii) to imprisonment for a term not exceeding five years, if the alleged offence is one for which, on conviction, that person would be liable to imprisonment for less than fourteen years;
(c) every one who conspires with any one to commit an indictable offence not provided for in paragraph (a) or (b) is guilty of an indictable offence and liable to the same punishment as that to which an accused who is guilty of that offence would, on conviction, be liable; and
(d)every one who conspires with any one to commit an offence punishable on summary conviction is guilty of an offence punishable on summary conviction.
(2) Repealed.
S.R.C. 1970, ch. C-34, art. 423 ; 1974-75-76, ch. 93, art. 36 ; 1980-81-82-83, ch. 125, art 23 ; L.R.C. (1985), ch. 27 (1er suppl.), art. 61.