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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2020-05-04 and last amended on 2019-12-18. Previous Versions

PART VIIIOffences Against the Person and Reputation (continued)

Commodification of Sexual Activity (continued)

Marginal note:Material benefit from sexual services

  •  (1) Every person who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 286.1(1), is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Material benefit from sexual services provided by person under 18 years

    (2) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 286.1(2), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of two years.

  • Marginal note:Presumption

    (3) For the purposes of subsections (1) and (2), evidence that a person lives with or is habitually in the company of a person who offers or provides sexual services for consideration is, in the absence of evidence to the contrary, proof that the person received a financial or other material benefit from those services.

  • Marginal note:Exception

    (4) Subject to subsection (5), subsections (1) and (2) do not apply to a person who receives the benefit

    • (a) in the context of a legitimate living arrangement with the person from whose sexual services the benefit is derived;

    • (b) as a result of a legal or moral obligation of the person from whose sexual services the benefit is derived;

    • (c) in consideration for a service or good that they offer, on the same terms and conditions, to the general public; or

    • (d) in consideration for a service or good that they do not offer to the general public but that they offered or provided to the person from whose sexual services the benefit is derived, if they did not counsel or encourage that person to provide sexual services and the benefit is proportionate to the value of the service or good.

  • Marginal note:No exception

    (5) Subsection (4) does not apply to a person who commits an offence under subsection (1) or (2) if that person

    • (a) used, threatened to use or attempted to use violence, intimidation or coercion in relation to the person from whose sexual services the benefit is derived;

    • (b) abused a position of trust, power or authority in relation to the person from whose sexual services the benefit is derived;

    • (c) provided a drug, alcohol or any other intoxicating substance to the person from whose sexual services the benefit is derived for the purpose of aiding or abetting that person to offer or provide sexual services for consideration;

    • (d) engaged in conduct, in relation to any person, that would constitute an offence under section 286.3; or

    • (e) received the benefit in the context of a commercial enterprise that offers sexual services for consideration.

  • Marginal note:Aggravating factor

    (6) If a person is convicted of an offence under this section, the court that imposes the sentence shall consider as an aggravating factor the fact that that person received the benefit in the context of a commercial enterprise that offers sexual services for consideration.

  • 2014, c. 25, s. 20
  • 2019, c. 25, s. 109

Marginal note:Procuring

  •  (1) Everyone who procures a person to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.1(1), recruits, holds, conceals or harbours a person who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

  • Marginal note:Procuring — person under 18 years

    (2) Everyone who procures a person under the age of 18 years to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.1(2), recruits, holds, conceals or harbours a person under the age of 18 who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of five years.

  • 2014, c. 25, s. 20

Marginal note:Advertising sexual services

 Everyone who knowingly advertises an offer to provide sexual services for consideration is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

  • (b) an offence punishable on summary conviction.

  • 2014, c. 25, s. 20
  • 2019, c. 25, s. 110

Marginal note:Immunity — material benefit and advertising

  •  (1) No person shall be prosecuted for

    • (a) an offence under section 286.2 if the benefit is derived from the provision of their own sexual services; or

    • (b) an offence under section 286.4 in relation to the advertisement of their own sexual services.

  • Marginal note:Immunity — aiding, abetting, etc.

    (2) No person shall be prosecuted for aiding, abetting, conspiring or attempting to commit an offence under any of sections 286.1 to 286.4 or being an accessory after the fact or counselling a person to be a party to such an offence, if the offence relates to the offering or provision of their own sexual services.

  • 2014, c. 25, s. 20

Abortion

 [Repealed, 2019, c. 25, s. 111]

 [Repealed, 2018, c. 29, s. 28]

Venereal Diseases

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 41]

Offences Against Conjugal Rights

Marginal note:Bigamy

  •  (1) Every one commits bigamy who

    • (a) in Canada,

      • (i) being married, goes through a form of marriage with another person,

      • (ii) knowing that another person is married, goes through a form of marriage with that person, or

      • (iii) on the same day or simultaneously, goes through a form of marriage with more than one person; or

    • (b) being a Canadian citizen resident in Canada leaves Canada with intent to do anything mentioned in subparagraphs (a)(i) to (iii) and, pursuant thereto, does outside Canada anything mentioned in those subparagraphs in circumstances mentioned therein.

  • Marginal note:Matters of defence

    (2) No person commits bigamy by going through a form of marriage if

    • (a) that person in good faith and on reasonable grounds believes that his spouse is dead;

    • (b) the spouse of that person has been continuously absent from him for seven years immediately preceding the time when he goes through the form of marriage, unless he knew that his spouse was alive at any time during those seven years;

    • (c) that person has been divorced from the bond of the first marriage; or

    • (d) the former marriage has been declared void by a court of competent jurisdiction.

  • Marginal note:Incompetency no defence

    (3) Where a person is alleged to have committed bigamy, it is not a defence that the parties would, if unmarried, have been incompetent to contract marriage under the law of the place where the offence is alleged to have been committed.

  • Marginal note:Validity presumed

    (4) Every marriage or form of marriage shall, for the purpose of this section, be deemed to be valid unless the accused establishes that it was invalid.

  • Marginal note:Act or omission by accused

    (5) No act or omission on the part of an accused who is charged with bigamy invalidates a marriage or form of marriage that is otherwise valid.

  • R.S., c. C-34, s. 254

Marginal note:Punishment

  •  (1) Every person who commits bigamy is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Certificate of marriage

    (2) For the purposes of this section, a certificate of marriage issued under the authority of law is evidence of the marriage or form of marriage to which it relates without proof of the signature or official character of the person by whom it purports to be signed.

  • R.S., 1985, c. C-46, s. 291
  • 2019, c. 25, s. 112
 
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