Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Overcoming resistance to commission of offence

246 Every one who, with intent to enable or assist himself or another person to commit an indictable offence,

• (a) attempts, by any means, to choke, suffocate or strangle another person, or by any means calculated to choke, suffocate or strangle, attempts to render another person insensible, unconscious or incapable of resistance, or

• (b) administers or causes to be administered to any person, or attempts to administer to any person, or causes or attempts to cause any person to take a stupefying or overpowering drug, matter or thing,

is guilty of an indictable offence and liable to imprisonment for life.

Marginal note:Traps likely to cause bodily harm

• 247 (1) 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 with intent to cause death or bodily harm to a person, whether ascertained or not,

  • (a) sets or places a trap, device or other thing that is likely to cause death or bodily harm to a person; or

  • (b) being in occupation or possession of a place, knowingly permits such a trap, device or other thing to remain in that place.

• Marginal note:Bodily harm

  (2) Every person who commits an offence under subsection (1), and by doing so causes bodily harm to any other person, 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:Offence-related place

  (3) Every person who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, 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:Offence-related place — bodily harm

  (4) Every one who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, and thereby causes bodily harm to a person is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years.

• Marginal note:Death

  (5) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life.

Marginal note:Interfering with transportation facilities

248 Every one who, with intent to endanger the safety of any person, places anything on or does anything to any property that is used for or in connection with the transportation of persons or goods by land, water or air that is likely to cause death or bodily harm to persons is guilty of an indictable offence and liable to imprisonment for life.

249 [Repealed, 2018, c. 21, s. 14]

249.1 [Repealed, 2018, c. 21, s. 14]

249.2 [Repealed, 2018, c. 21, s. 14]

249.3 [Repealed, 2018, c. 21, s. 14]

249.4 [Repealed, 2018, c. 21, s. 14]

250 [Repealed, 2018, c. 21, s. 14]

251 [Repealed, 2018, c. 21, s. 14]

252 [Repealed, 2018, c. 21, s. 14]

253 [Repealed, 2018, c. 21, s. 14]

253.1 [Repealed, 2018, c. 21, s. 14]

254 [Repealed, 2018, c. 21, s. 14]

254.01 [Repealed, 2018, c. 21, s. 14]

254.1 [Repealed, 2018, c. 21, s. 14]

255 [Repealed, 2018, c. 21, s. 14]

255.1 [Repealed, 2018, c. 21, s. 14]

256 [Repealed, 2018, c. 21, s. 14]

257 [Repealed, 2018, c. 21, s. 14]

258 [Repealed, 2018, c. 21, s. 14]

258.1 [Repealed, 2018, c. 21, s. 14]

259 [Repealed, 2018, c. 21, s. 14]

260 [Repealed, 2018, c. 21, s. 14]

261 [Repealed, 2018, c. 21, s. 14]

Marginal note:Impeding attempt to save life

262 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

• (a) prevents or impedes or attempts to prevent or impede any person who is attempting to save his own life, or

• (b) without reasonable cause prevents or impedes or attempts to prevent or impede any person who is attempting to save the life of another person.

Marginal note:Duty to safeguard opening in ice

• 263 (1) Every one who makes or causes to be made an opening in ice that is open to or frequented by the public is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the opening exists.

• Marginal note:Excavation on land

  (2) Every one who leaves an excavation on land that he owns or of which he has charge or supervision is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the excavation exists.

• Marginal note:Offences

  (3) Every one who fails to perform a duty imposed by subsection (1) or (2) is guilty of

  • (a) manslaughter, if the death of any person results therefrom;

  • (b) an offence under section 269, if bodily harm to any person results therefrom; or

  • (c) an offence punishable on summary conviction.

Marginal note:Violence against intimate partner

• 263.1 (1) Everyone who commits an offence — referred to in this section as the “included offence” — in which violence is used, threatened or attempted against their intimate partner is

  • (a) guilty of an indictable offence and liable to the punishment provided for in subsection (3); or

  • (b) guilty of an offence punishable on summary conviction.

• Marginal note:Limitation

  (2) No proceedings under subsection (1) shall be

  • (a) commenced by way of indictment if the included offence may be prosecuted only by way of summary conviction proceedings; or

  • (b) commenced by way of summary conviction proceedings if the included offence may be prosecuted only by way of indictment.

• Marginal note:Punishment

  (3) Everyone who is found guilty of an indictable offence under subsection (1) is liable to a term of imprisonment of not more than

  • (a) five years, if the maximum term of imprisonment for the included offence is two years or more but less than five years;

  • (b) 10 years, if the maximum term of imprisonment for the included offence is five years or more but less than 10 years;

  • (c) 14 years, if the maximum term of imprisonment for the included offence is 10 years or more but less than 14 years; or

  • (d) life, if the maximum term of imprisonment for the included offence is 14 years or more and up to imprisonment for life.

• Marginal note:Applicable provisions

  (4) Subject to paragraphs (1)(a) and (b) and subsections (2) and (3), any provision of this Act or any other Act of Parliament — including one in respect of procedure, orders or consequences — that would have been applicable in relation to the included offence applies in relation to an offence under subsection (1).

Marginal note:Criminal harassment

• 264 (1) Everyone commits an offence who, with intent to harass another person or knowing that, or being reckless as to whether, they would be harassing another person, engages without lawful authority in conduct referred to in subsection (2) if, in all the circumstances, the conduct could reasonably be expected to cause that other person to believe that the other person’s safety, or the safety of anyone known to the other person, is threatened.

• Marginal note:Prohibited conduct

  (2) The conduct mentioned in subsection (1) consists of doing any of the following in person, by a means of telecommunication or by any other means:

  • (a) repeatedly following from place to place the other person or anyone known to them;

  • (a.1) monitoring the location, movements, actions or social interactions of the other person or of 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 at anyone or any animal known to them.

• Marginal note:Punishment

  (3) Every person who commits an offence under this section is

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

  • (b) guilty of an offence punishable on summary conviction.

• Marginal note:Factors to be considered

  (4) Where a person is convicted of an offence under this section, the court imposing the sentence on the person shall consider as an aggravating factor that, at the time the offence was committed, the person contravened

  • (a) the terms or conditions of an order made under section 161 or a recognizance entered into under section 810, 810.03, 810.1 or 810.2; or

  • (b) the terms or conditions of any other order or recognizance, or of an undertaking, made or entered into under the common law, this Act or any other Act of Parliament or of a provincial legislature that is similar in effect to an order or recognizance referred to in paragraph (a).

• Marginal note:Reasons

  (5) Where the court is satisfied of the existence of an aggravating factor referred to in subsection (4), but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision.

• Marginal note:For greater certainty

  (6) For the purposes of this section, and for greater certainty, a person’s safety includes their psychological safety.

Assaults

Marginal note:Uttering threats

• 264.1 (1) 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.

• Marginal note:Punishment

  (2) 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.

• Marginal note:Idem

  (3) 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.

Marginal note:Assault

• 265 (1) 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.

• Marginal note:Application

  (2) 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.

• Marginal note:Consent

  (3) 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.

• Marginal note:Accused’s belief as to consent

  (4) 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.