Criminal Code
Sections and provisions with full text and the judgments that cite each one.
Section 38
[Repealed, 2012, c. 9, s. 2]
Section 39
[Repealed, 2012, c. 9, s. 2]
Section 40
[Repealed, 2012, c. 9, s. 2]
Section 41
[Repealed, 2012, c. 9, s. 2]
Section 42
[Repealed, 2012, c. 9, s. 2]
Section 43 — Correction of child by force
Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the…
Section 44
[Repealed, 2001, c. 26, s. 294]
Section 45 — Surgical operations
Every one is protected from criminal responsibility for performing a surgical operation on any person for the benefit of that person if the operation is performed with reasonable care and skill; and…
Section 46 — High treason
Every one commits high treason who, in Canada, kills or attempts to kill Her Majesty, or does her any bodily harm tending to death or destruction, maims or wounds her, or imprisons or restrains her;…
Section 47 — Punishment for high treason
Every one who commits high treason is guilty of an indictable offence and shall be sentenced to imprisonment for life. Every one who commits treason is guilty of an indictable offence and liable to…
Section 48 — Limitation
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. No proceedings…
Section 49
[Repealed, 2018, c. 29, s. 1]
Section 50 — Assisting alien enemy to leave Canada, or omitting to prevent treason
Every one commits an offence who incites or wilfully assists a subject of a state that is at war with Canada, or a state against whose forces Canadian Forces are engaged in hostilities, whether or…
Section 51 — Intimidating Parliament or legislature
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…
Section 52 — Sabotage
Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who does a prohibited act…
Section 52.1 — Sabotage — essential infrastructure
Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who interferes with access…
Section 52.2 — Sabotage — device
Every person commits an offence who makes, possesses, sells or distributes a device intending that it be used or knowing that it will be used, in whole or in part, to carry out an offence under…
Section 52.3 — Attorney General’s consent
No proceeding for an offence under subsection 52(1), 52.1(1) or 52.2(1) shall be instituted without the Attorney General’s consent.
Section 53 — Inciting to mutiny
Every one who attempts, for a traitorous or mutinous purpose, to seduce a member of the Canadian Forces from his duty and allegiance to Her Majesty, or attempts to incite or to induce a member of the…
Section 54 — Assisting deserter
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…
Section 55 — Evidence of overt acts
In proceedings for an offence against any provision in section 47 or sections 50 to 53, evidence of an overt act is not admissible unless that overt act is set out in the indictment or unless the…
Section 56 — Offences in relation to members of R.C.M.P.
Every one who wilfully persuades or counsels a member of the Royal Canadian Mounted Police to desert or absent himself without leave, aids, assists, harbours or conceals a member of the Royal…
Section 56.1 — Identity documents
Every person commits an offence who, without lawful excuse, procures to be made, possesses, transfers, sells or offers for sale an identity document that relates or purports to relate, in whole or in…
Section 57 — Forgery of or uttering forged passport
Every one who, while in or out of Canada, forges a passport, or knowing that a passport is forged uses, deals with or acts on it, or causes or attempts to cause any person to use, deal with or act on…
Section 58 — Fraudulent use of certificate of citizenship
Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, while in or outside…
Section 59 — Seditious words
Seditious words are words that express a seditious intention. A seditious libel is a libel that expresses a seditious intention. A seditious conspiracy is an agreement between two or more persons to…
Section 60 — Exception
Notwithstanding subsection 59(4), no person shall be deemed to have a seditious intention by reason only that he intends, in good faith, to show that Her Majesty has been misled or mistaken in her…
Section 61 — Punishment of seditious offences
Every one who speaks seditious words, publishes a seditious libel, or is a party to a seditious conspiracy, is guilty of an indictable offence and liable to imprisonment for a term not exceeding…
Section 62 — Offences in relation to military forces
Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally…
Section 63 — Unlawful assembly
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…
Section 64 — Riot
A riot is an unlawful assembly that has begun to disturb the peace tumultuously.
Section 65 — Punishment of rioter
Every person who takes part in a riot is guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or an offence punishable on summary conviction. Every person…
Section 66 — Punishment for unlawful assembly
Every one who is a member of an unlawful assembly is guilty of an offence punishable on summary conviction. Every person who commits an offence under subsection (1) while wearing a mask or other…
Section 67 — Reading proclamation
A person who is a justice, mayor or sheriff, or the lawful deputy of a mayor or sheriff, a warden or deputy warden of a prison, or the institutional head of a penitentiary, as those expressions are…
Section 68 — Offences related to proclamation
Every one is guilty of an indictable offence and liable to imprisonment for life who opposes, hinders or assaults, wilfully and with force, a person who begins to make or is about to begin to make or…
Section 69 — Neglect by peace officer
A peace officer who receives notice that there is a riot within their jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of an indictable…
Section 70 — Orders by Governor in Council
The Governor in Council may, by proclamation, make orders to prohibit assemblies, without lawful authority, of persons for the purpose of training or drilling themselves, of being trained or drilled…
Section 71
[Repealed, 2018, c. 29, s. 4]
Section 72 — Forcible entry
A person commits forcible entry when that person enters real property that is in the actual and peaceable possession of another in a manner that is likely to cause a breach of the peace or reasonable…
Section 73 — Punishment
Every person who commits forcible entry or forcible detainer is guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or an offence punishable on summary…
Section 74 — Piracy by law of nations
Every one commits piracy who does any act that, by the law of nations, is piracy. Every one who commits piracy while in or out of Canada is guilty of an indictable offence and liable to imprisonment…
Section 75 — Piratical acts
Every one who, while in or out of Canada, steals a Canadian ship, steals or without lawful authority throws overboard, damages or destroys anything that is part of the cargo, supplies or fittings in…
Section 76 — Hijacking
Every one who, unlawfully, by force or threat thereof, or by any other form of intimidation, seizes or exercises control of an aircraft with intent to cause any person on board the aircraft to be…
Section 77 — Endangering safety of aircraft or airport
Every one who on board an aircraft in flight, commits an act of violence against a person that is likely to endanger the safety of the aircraft, using a weapon, commits an act of violence against a…
Section 78 — Offensive weapons and explosive substances
Every one, other than a peace officer engaged in the execution of his duty, who takes on board a civil aircraft an offensive weapon or any explosive substance without the consent of the owner or…
Section 78.1 — Seizing control of ship or fixed platform
Every one who seizes or exercises control over a ship or fixed platform by force or threat of force or by any other form of intimidation is guilty of an indictable offence and liable to imprisonment…
Section 79 — Duty of care re explosive
Every one who has an explosive substance in his possession or under his care or control is under a legal duty to use reasonable care to prevent bodily harm or death to persons or damage to property…
Section 80 — Breach of duty
Every one who, being under a legal duty within the meaning of section 79, fails without lawful excuse to perform that duty, is guilty of an indictable offence and, if as a result an explosion of an…
Section 81 — Using explosives
Every one commits an offence who does anything with intent to cause an explosion of an explosive substance that is likely to cause serious bodily harm or death to persons or is likely to cause…
Section 82 — Possession of explosive
Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance is guilty of an indictable offence and liable to imprisonment for a…