Criminal Code
Sections and provisions with full text and the judgments that cite each one.
Section 743 — Imprisonment when no other provision
Every one who is convicted of an indictable offence for which no punishment is specially provided is liable to imprisonment for a term not exceeding five years.
Section 743.1 — Imprisonment for life or more than two years
Except where otherwise provided, a person who is sentenced to imprisonment for life, a term of two years or more, or two or more terms of less than two years each that are to be served one after the…
Section 743.2 — Report by court to Correctional Service
A court that sentences or commits a person to penitentiary shall forward to the Correctional Service of Canada its reasons and recommendation relating to the sentence or committal, any relevant…
Section 743.21 — Non-communication order
The sentencing judge may issue an order prohibiting the offender from communicating, directly or indirectly, with any victim, witness or other person identified in the order during the custodial…
Section 743.3 — Sentence served according to regulations
A sentence of imprisonment shall be served in accordance with the enactments and rules that govern the institution to which the prisoner is sentenced.
Section 743.4
[Repealed, 2002, c. 1, s. 184]
Section 743.5 — Transfer of jurisdiction when person already sentenced under Youth Criminal Justice Act
If a young person or an adult is or has been sentenced to a term of imprisonment for an offence while subject to a disposition made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act ,…
Section 743.6 — Power of court to delay parole
Notwithstanding subsection 120(1) of the Corrections and Conditional Release Act , where an offender receives, on or after November 1, 1992, a sentence of imprisonment of two years or more, including…
Section 744 — Execution of warrant of committal
A peace officer or other person to whom a warrant of committal authorized by this or any other Act of Parliament is directed shall arrest the person named or described therein, if it is necessary to…
Section 745 — Sentence of life imprisonment
Subject to section 745.1, the sentence to be pronounced against a person who is to be sentenced to imprisonment for life shall be in respect of a person who has been convicted of high treason or…
Section 745.01 — Information in respect of parole
Except where subsection 745.6(2) applies, at the time of sentencing under paragraph 745(a), (b) or (c), the judge who presided at the trial of the offender shall state the following, for the record:…
Section 745.1 — Persons under eighteen
The sentence to be pronounced against a person who was under the age of eighteen at the time of the commission of the offence for which the person was convicted of first degree murder or second…
Section 745.2 — Recommendation by jury
Subject to section 745.3, where a jury finds an accused guilty of second degree murder, the judge presiding at the trial shall, before discharging the jury, put to them the following question: You…
Section 745.21 — Recommendation by jury — multiple murders
Where a jury finds an accused guilty of murder and that accused has previously been convicted of murder, the judge presiding at the trial shall, before discharging the jury, put to them the following…
Section 745.3 — Persons under sixteen
Where a jury finds an accused guilty of first degree murder or second degree murder and the accused was under the age of sixteen at the time of the commission of the offence, the judge presiding at…
Section 745.4 — Ineligibility for parole
Subject to section 745.5, at the time of the sentencing under section 745 of an offender who is convicted of second degree murder, the judge who presided at the trial of the offender or, if that…
Section 745.5 — Idem
At the time of the sentencing under section 745.1 of an offender who is convicted of first degree murder or second degree murder and who was under the age of sixteen at the time of the commission of…
Section 745.51 — Ineligibility for parole — multiple murders
At the time of the sentencing under section 745 of an offender who is convicted of murder and who has already been convicted of one or more other murders, the judge who presided at the trial of the…
Section 745.6 — Application for judicial review
Subject to subsections (2) to (2.6), a person may apply, in writing, to the appropriate Chief Justice in the province in which their conviction took place for a reduction in the number of years of…
Section 745.61 — Judicial screening
On receipt of an application under subsection 745.6(1), the appropriate Chief Justice shall determine, or shall designate a judge of the superior court of criminal jurisdiction to determine, on the…
Section 745.62 — Appeal
The applicant or the Attorney General may appeal to the Court of Appeal from a determination or a decision made under section 745.61 on any question of law or fact or mixed law and fact. The appeal…
Section 745.63 — Hearing of application
The jury empanelled under subsection 745.61(5) to hear the application shall consider the following criteria and determine whether the applicant’s number of years of imprisonment without eligibility…
Section 745.64 — Rules
The appropriate Chief Justice in each province or territory may make such rules as are required for the purposes of sections 745.6 to 745.63. The Statutory Instruments Act does not apply to those…
Section 746 — Time spent in custody
In calculating the period of imprisonment served for the purposes of section 745, 745.1, 745.4, 745.5 or 745.6, there shall be included any time spent in custody between in the case of a sentence of…
Section 746.1 — Parole prohibited
Unless Parliament otherwise provides by an enactment making express reference to this section, a person who has been sentenced to imprisonment for life without eligibility for parole for a specified…
Section 747
[Repealed, 1995, c. 22, s. 6]
Section 748 — To whom pardon may be granted
Her Majesty may extend the royal mercy to a person who is sentenced to imprisonment under the authority of an Act of Parliament, even if the person is imprisoned for failure to pay money to another…
Section 748.1 — Remission by Governor in Council
The Governor in Council may order the remission, in whole or in part, of a fine or forfeiture imposed under an Act of Parliament, whoever the person may be to whom it is payable or however it may be…
Section 749 — Royal prerogative
Nothing in this Act in any manner limits or affects Her Majesty’s royal prerogative of mercy.
Section 750 — Public office vacated for conviction
Where a person is convicted of an indictable offence for which the person is sentenced to imprisonment for two years or more and holds, at the time that person is convicted, an office under the Crown…
Section 751 — Costs to successful party in case of libel
The person in whose favour judgment is given in proceedings by indictment for defamatory libel is entitled to recover from the opposite party costs in a reasonable amount to be fixed by order of the…
Section 751.1 — How recovered
Where costs that are fixed under section 751 are not paid forthwith, the party in whose favour judgment is given may enter judgment for the amount of the costs by filing the order in any civil court…
Section 752 — Definitions
In this Part, court means the court by which an offender in relation to whom an application under this Part is made was convicted, or a superior court of criminal jurisdiction; ( tribunal )…
Section 752.01 — Prosecutor’s duty to advise court
If the prosecutor is of the opinion that an offence for which an offender is convicted is a serious personal injury offence that is a designated offence and that the offender was convicted previously…
Section 752.1 — Application for remand for assessment
On application by the prosecutor, if the court is of the opinion that there are reasonable grounds to believe that an offender who is convicted of a serious personal injury offence or an offence…
Section 753 — Application for finding that an offender is a dangerous offender
On application made under this Part after an assessment report is filed under subsection 752.1(2), the court shall find the offender to be a dangerous offender if it is satisfied that the offence for…
Section 753.01 — Application for remand for assessment — later conviction
If an offender who is found to be a dangerous offender is later convicted of a serious personal injury offence or an offence under subsection 753.3(1), on application by the prosecutor, the court…
Section 753.02 — Victim evidence
Any evidence given during the hearing of an application made under subsection 753(1) by a victim of an offence for which the offender was convicted is deemed also to have been given during any…
Section 753.1 — Application for finding that an offender is a long-term offender
The court may, on application made under this Part following the filing of an assessment report under subsection 752.1(2), find an offender to be a long-term offender if it is satisfied that it would…
Section 753.2 — Long-term supervision
Subject to subsection (2), an offender who is subject to long-term supervision shall be supervised in the community in accordance with the Corrections and Conditional Release Act when the offender…
Section 753.3 — Breach of long-term supervision
An offender who, without reasonable excuse, fails or refuses to comply with long-term supervision is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years;…
Section 753.4 — New offence
If an offender who is subject to long-term supervision commits one or more offences under this or any other Act and a court imposes a sentence of imprisonment for the offence or offences, the…
Section 754 — Hearing of application
With the exception of an application for remand for assessment, the court may not hear an application made under this Part unless the Attorney General of the province in which the offender was tried…
Section 755 — Exception to long-term supervision — life sentence
The court shall not order that an offender be subject to long-term supervision if they have been sentenced to life imprisonment. The periods of long-term supervision to which an offender is subject…
Section 756
[Repealed, 1997, c. 17, s. 5]
Section 757 — Evidence of character
Without prejudice to the right of the offender to tender evidence as to their character and repute, if the court thinks fit, evidence of character and repute may be admitted on the question of…
Section 758 — Presence of accused at hearing of application
The offender shall be present at the hearing of the application under this Part and if at the time the application is to be heard he is confined in a prison, the court may order, in writing, the…
Section 759 — Appeal — offender
An offender who is found to be a dangerous offender or a long-term offender may appeal to the court of appeal from a decision made under this Part on any ground of law or fact or mixed law and fact.…
Section 760 — Disclosure to Correctional Service of Canada
Where a court finds an offender to be a dangerous offender or a long-term offender, the court shall order that a copy of all reports and testimony given by psychiatrists, psychologists,…
Section 761 — Review for parole
Subject to subsection (2), where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period, the Parole Board of Canada shall, as soon as possible after the…