Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Government records

• 715.59 (1) A department or agency of any government in Canada may keep records containing information obtained by the department or agency

  • (a) for the purposes of an investigation of an offence alleged to have been committed by a person;

  • (b) for use in proceedings against a person under this Act; or

  • (c) as a result of the use of alternative measures to deal with a person.

• Marginal note:Records kept — alternative measures

  (2) Any person or organization may keep records containing information obtained by the person or organization as a result of the use of alternative measures to deal with a person alleged to have committed an offence.

Marginal note:Disclosure of records

• 715.6 (1) Any information contained in a record that is kept under any of sections 715.57 to 715.59 may be made available to

  • (a) any judge or court for any purpose relating to proceedings relating to offences committed or alleged to have been committed by the person to whom the record relates;

  • (b) any peace officer

    • (i) for the purpose of investigating any offence that the person is suspected on reasonable grounds of having committed, or in respect of which the person has been arrested or charged, or

    • (ii) for any purpose related to the administration of the case to which the record relates;

  • (c) any member of a department or agency of a government in Canada, or any agent of the department or agency, that is

    • (i) engaged in the administration of alternative measures in respect of the person, or

    • (ii) preparing a report in respect of the person as required under this Act; or

  • (d) any other person who is deemed, or any person within a class of persons that is deemed, by a judge of a court to have a valid interest in the record, to the extent directed by the judge, if the judge is satisfied that the disclosure is

    • (i) desirable in the public interest for research or statistical purposes, or

    • (ii) desirable in the interest of the proper administration of justice.

• Marginal note:Access to information — alternative measures

  (2) Information contained in the record, other than the identity of the person to whom the record relates, may be made available to any member of a department or agency of a government in Canada, or any agent of the department or agency, that is engaged in assessing and monitoring the use of alternative measures and assessing their effectiveness, including for research or statistical purposes.

• Marginal note:Subsequent disclosure

  (3) If a record is made available for inspection to any person under subparagraph (1)(d)(i), that person may subsequently disclose information contained in the record but may not disclose the information in any form that would reasonably be expected to identify the person to whom it relates.

• Marginal note:Information and copies

  (4) Any person to whom a record is authorized to be made available under this section may be given any information contained in the record and may be given a copy of any part of the record.

• Marginal note:Evidence of warning or referral not admissible

  (5) Evidence that an individual has received a warning or referral, evidence that a police officer has taken no further action in respect of an offence and evidence of the offence are inadmissible for the purpose of proving prior offending behaviour in any proceedings before a court in respect of the individual.

• Marginal note:Record keeping — period

  (6) A record kept under any of sections 715.57 to 715.59 may not be introduced into evidence, except for the purposes set out in paragraph 721(3)(c), more than two years after the end of the period during which the alternative measure was applied.

PART XXIIISentencing

Interpretation

Marginal note:Definitions

716 In this Part,

accused

accused includes a defendant; (accusé)

alternative measures

alternative measures[Repealed, 2026, c. 19, s. 60]

court

court means

• (a) a superior court of criminal jurisdiction,

• (b) a court of criminal jurisdiction,

• (c) a justice or provincial court judge acting as a summary conviction court under Part XXVII, or

• (d) a court that hears an appeal; (tribunal)

fine

fine includes a pecuniary penalty or other sum of money, but does not include restitution. (amende)

717 [Repealed, 2026, c. 19, s. 61]

717.1 [Repealed, 2026, c. 19, s. 61]

717.2 [Repealed, 2026, c. 19, s. 61]

717.3 [Repealed, 2026, c. 19, s. 61]

717.4 [Repealed, 2026, c. 19, s. 61]

Purpose and Principles of Sentencing

Marginal note:Purpose

718 The fundamental purpose of sentencing is to protect society and to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:

• (a) to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct;

• (b) to deter the offender and other persons from committing offences;

• (c) to separate offenders from society, where necessary;

• (d) to assist in rehabilitating offenders;

• (e) to provide reparations for harm done to victims or to the community; and

• (f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims or to the community.

Marginal note:Objectives — offences against children

718.01 When a court imposes a sentence for an offence that involved the abuse of a person under the age of eighteen years, it shall give primary consideration to the objectives of denunciation and deterrence of such conduct.

Marginal note:Objectives — offence against peace officer or other justice system participant

718.02 When a court imposes a sentence for an offence under subsection 270(1), section 270.01 or 270.02 or paragraph 423.1(1)(b), the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

Marginal note:Objectives — offence against certain animals

718.03 When a court imposes a sentence for an offence under subsection 445.01(1), the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

Marginal note:Objectives — offence against vulnerable person

718.04 When a court imposes a sentence for an offence that involved the abuse of a person who is vulnerable because of personal circumstances — including because the person is Aboriginal and female — the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

Marginal note:Objectives — offence of motor vehicle theft when violence used

718.05 If a court imposes a sentence for a second or subsequent offence under subsection 333.1(3), it shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

Marginal note:Objectives — offence of breaking and entering

718.06 If a court imposes a sentence for a second or subsequent offence under section 348, it shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

Marginal note:Objectives — offence for the benefit of a criminal organization

718.07 If a court imposes a sentence for an offence that is committed for the benefit of, at the direction of or in association with a criminal organization, it shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

Marginal note:Fundamental principle

718.1 A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.

Marginal note:Other sentencing principles

718.2 A court that imposes a sentence shall also take into consideration the following principles:

• (a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing,

  • (i) evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, or on any other similar factor,

  • (ii) evidence that the offender, in committing the offence, abused the offender’s intimate partner or a member of the victim or the offender’s family,

  • (ii.1) evidence that the offender, in committing the offence, abused a person under the age of eighteen years,

  • (ii.2) evidence that the offender counselled or otherwise involved a person under the age of 18 years in the commission of the offence,

  • (iii) evidence that the offender, in committing the offence, abused a position of trust or authority in relation to the victim,

  • (iii.1) evidence that the offence had a significant impact on the victim, considering their age and other personal circumstances, including their health and financial situation,

  • (iii.2) evidence that the offence was committed against a person who, in the performance of their duties and functions, was providing health services, including personal care services, or was providing services as a first responder,

  • (iv) evidence that the offence was committed for the benefit of, at the direction of or in association with a criminal organization,

  • (v) evidence that the offence was a terrorism offence,

  • (vi) evidence that the offence was committed while the offender was subject to a conditional sentence order made under section 742.1 or released on parole, statutory release or unescorted temporary absence under the Corrections and Conditional Release Act,

  • (vii) evidence that the commission of the offence had the effect of impeding another person from obtaining health services, including personal care services, and

  • (viii) evidence that the offence was committed with the use of violence, threats or attempts of violence against another person and that the offender has been convicted, within the previous five years, of one or more such offences,

  shall be deemed to be aggravating circumstances;

• (b) a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances;

• (c) where consecutive sentences are imposed, the combined sentence should not be unduly long or harsh;

• (d) an offender should not be deprived of liberty, if less restrictive sanctions may be appropriate in the circumstances; and

• (e) all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.

Marginal note:Additional consideration — increased vulnerability

718.201 A court that imposes a sentence in respect of an offence that involved the abuse of an intimate partner shall consider the increased vulnerability of female persons who are victims, giving particular attention to the circumstances of Aboriginal female victims.

Organizations

Marginal note:Additional factors

718.21 A court that imposes a sentence on an organization shall also take into consideration the following factors:

• (a) any advantage realized by the organization as a result of the offence;

• (b) the degree of planning involved in carrying out the offence and the duration and complexity of the offence;

• (c) whether the organization has attempted to conceal its assets, or convert them, in order to show that it is not able to pay a fine or make restitution;

• (d) the impact that the sentence would have on the economic viability of the organization and the continued employment of its employees;

• (e) the cost to public authorities of the investigation and prosecution of the offence;

• (f) any regulatory penalty imposed on the organization or one of its representatives in respect of the conduct that formed the basis of the offence;

• (g) whether the organization was — or any of its representatives who were involved in the commission of the offence were — convicted of a similar offence or sanctioned by a regulatory body for similar conduct;

• (h) any penalty imposed by the organization on a representative for their role in the commission of the offence;

• (i) any restitution that the organization is ordered to make or any amount that the organization has paid to a victim of the offence; and

• (j) any measures that the organization has taken to reduce the likelihood of it committing a subsequent offence.