GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 171.1
Making sexually explicit material available to child 171.1 (1) Every person commits an offence who transmits, makes available, distributes or sells sexually explicit material to (a) a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of an offence with respect to that person under subsection 153(1), section 155, 163.1, 170, 171 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2); (b) a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to that person; or (c) a person who is, or who the accused believes is, under the age of 14 years, for the purpose of facilitating the commission of an offence under section 281 with respect to that person. Punishment (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of six months; or (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days. Presumption (3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of 18, 16 or 14 years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age. No defence (4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least 18, 16 or 14 years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person. Definition of sexually explicit material (5) In subsection (1), sexually explicit material means material that is not child sexual abuse and exploitation material , as defined in subsection 163.1(1), and that is (a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means, (i) that shows a person who is engaged in or is depicted as engaged in explicit sexual activity, or (ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a person’s genital organs or anal region or, if the person is female, her breasts; (b) written material whose dominant characteristic is the description, for a sexual purpose, of explicit sexual activity with a person; or (c) an audio recording whose dominant characteristic is the description, presentation or representation, for a sexual purpose, of explicit sexual activity with a person. 2012, c. 1, s. 21; 2014, c. 25, s. 8; 2015, c. 23, s. 10 2024, c. 23, s. 4
Criminal Code — C-46 172
Corrupting children 172 (1) Every person who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and by doing so endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than two years; or (b) an offence punishable on summary conviction. (2) [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 6] Definition of child (3) For the purposes of this section, child means a person who is or appears to be under the age of eighteen years. Who may institute prosecutions (4) No proceedings shall be commenced under subsection (1) without the consent of the Attorney General, unless they are instituted by or at the instance of a recognized society for the protection of children or by an officer of a juvenile court. R.S., 1985, c. C-46, s. 172; R.S., 1985, c. 19 (3rd Supp.), s. 6 2019, c. 25, s. 57
Criminal Code — C-46 172.1
Luring a child 172.1 (1) Every person commits an offence who, by a means of telecommunication, communicates with (a) a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of an offence with respect to that person under subsection 153(1), section 155, 163.1, 170, 171 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2); (b) a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to that person; or (c) a person who is, or who the accused believes is, under the age of 14 years, for the purpose of facilitating the commission of an offence under section 281 with respect to that person. Punishment (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months. Presumption re age (3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of eighteen years, sixteen years or fourteen years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age. No defence (4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least eighteen years of age, sixteen years or fourteen years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person. 2002, c. 13, s. 8; 2007, c. 20, s. 1; 2008, c. 6, s. 14; 2012, c. 1, s. 22; 2014, c. 25, s. 9; 2015, c. 23, s. 11
Criminal Code — C-46 172.2
Agreement or arrangement — sexual offence against child 172.2 (1) Every person commits an offence who, by a means of telecommunication, agrees with a person, or makes an arrangement with a person, to commit an offence (a) under subsection 153(1), section 155, 163.1, 170, 171 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2) with respect to another person who is, or who the accused believes is, under the age of 18 years; (b) under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to another person who is, or who the accused believes is, under the age of 16 years; or (c) under section 281 with respect to another person who is, or who the accused believes is, under the age of 14 years. Punishment (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months. Presumption (3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of 18, 16 or 14 years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age. No defence (4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least 18, 16 or 14 years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person. No defence (5) It is not a defence to a charge under paragraph (1)(a), (b) or (c) (a) that the person with whom the accused agreed or made an arrangement was a peace officer or a person acting under the direction of a peace officer; or (b) that, if the person with whom the accused agreed or made an arrangement was a peace officer or a person acting under the direction of a peace officer, the person referred to in paragraph (1)(a), (b) or (c) did not exist. 2012, c. 1, s. 23; 2014, c. 25, s. 10; 2015, c. 23, s. 12
Criminal Code — C-46 173
Indecent acts 173 (1) Everyone who wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person, (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years; or (b) is guilty of an offence punishable on summary conviction. Exposure (2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years and to a minimum punishment of imprisonment for a term of 90 days; or (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months and to a minimum punishment of imprisonment for a term of 30 days. R.S., 1985, c. C-46, s. 173; R.S., 1985, c. 19 (3rd Supp.), s. 7; 2008, c. 6, s. 54; 2010, c. 17, s. 2; 2012, c. 1, s. 23 2019, c. 25, s. 58
Criminal Code — C-46 174
Nudity 174 (1) Every one who, without lawful excuse, (a) is nude in a public place, or (b) is nude and exposed to public view while on private property, whether or not the property is his own, is guilty of an offence punishable on summary conviction. Nude (2) For the purposes of this section, a person is nude who is so clad as to offend against public decency or order. Consent of Attorney General (3) No proceedings shall be commenced under this section without the consent of the Attorney General. R.S., c. C-34, s. 170
Criminal Code — C-46 175
Causing disturbance, indecent exhibition, loitering, etc. 175 (1) Every one who (a) not being in a dwelling-house, causes a disturbance in or near a public place, (i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language, (ii) by being drunk, or (iii) by impeding or molesting other persons, (b) openly exposes or exhibits an indecent exhibition in a public place, (c) loiters in a public place and in any way obstructs persons who are in that place, or (d) disturbs the peace and quiet of the occupants of a dwelling-house by discharging firearms or by other disorderly conduct in a public place or who, not being an occupant of a dwelling-house comprised in a particular building or structure, disturbs the peace and quiet of the occupants of a dwelling-house comprised in the building or structure by discharging firearms or by other disorderly conduct in any part of a building or structure to which, at the time of such conduct, the occupants of two or more dwelling-houses comprised in the building or structure have access as of right or by invitation, express or implied, is guilty of an offence punishable on summary conviction. Evidence of peace officer (2) In the absence of other evidence, or by way of corroboration of other evidence, a summary conviction court may infer from the evidence of a peace officer relating to the conduct of a person or persons, whether ascertained or not, that a disturbance described in paragraph (1)(a) or (d) or an obstruction described in paragraph (1)(c) was caused or occurred. R.S., 1985, c. C-46, s. 175; 1997, c. 18, s. 6
Criminal Code — C-46 176
Obstructing or violence to or arrest of officiating clergyman 176 (1) 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 (a) by threats or force, unlawfully obstructs or prevents or endeavours to obstruct or prevent an officiant from celebrating a religious or spiritual service or performing any other function in connection with their calling, or (b) knowing that an officiant is about to perform, is on their way to perform or is returning from the perform­ance of any of the duties or functions mentioned in paragraph (a) (i) assaults or offers any violence to them, or (ii) arrests them on a civil process, or under the pretence of executing a civil process. Disturbing religious worship or certain meetings (2) Every one who wilfully disturbs or interrupts an assemblage of persons met for religious worship or for a moral, social or benevolent purpose is guilty of an offence punishable on summary conviction. Idem (3) Every one who, at or near a meeting referred to in subsection (2), wilfully does anything that disturbs the order or solemnity of the meeting is guilty of an offence punishable on summary conviction. R.S., 1985, c. C-46, s. 176; 2018, c. 29, s. 13.1 2019, c. 25, s. 59
Criminal Code — C-46 177
Trespassing at night 177 Every person who, without lawful excuse, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction. R.S., 1985, c. C-46, s. 177; 2018, c. 29, s. 14
Criminal Code — C-46 180
Common nuisance 180 (1) 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 commits a common nuisance and by doing so (a) endangers the lives, safety or health of the public, or (b) causes physical injury to any person. Definition (2) For the purposes of this section, every one commits a common nuisance who does an unlawful act or fails to discharge a legal duty and thereby (a) endangers the lives, safety, health, property or comfort of the public; or (b) obstructs the public in the exercise or enjoyment of any right that is common to all the subjects of Her Majesty in Canada. R.S., 1985, c. C-46, s. 180 2019, c. 25, s. 61
Criminal Code — C-46 182
Dead body 182 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 (a) neglects, without lawful excuse, to perform any duty that is imposed on him by law or that he undertakes with reference to the burial of a dead human body or human remains, or (b) improperly or indecently interferes with or offers any indignity to a dead human body or human remains, whether buried or not. R.S., 1985, c. C-46, s. 182 2019, c. 25, s. 63
Criminal Code — C-46 183
1996, c. 19, s. 66; 1997, c. 18, s. 7, c. 23, s. 3; 1998, c. 34, s. 8; 1999, c. 2, s. 47, c. 5, s. 4; 2000, c. 24, s. 43; 2001, c. 32, s. 4, c. 41, ss. 5, 31, 133; 2002, c. 22, s. 409; 2004, c. 15, s. 108; 2005, c. 32, s. 10, c. 43, s. 1; 2008, c. 6, s. 15; 2009, c. 2, s. 442, c. 22, s. 4, c. 28, s. 3; 2010, c. 3, s. 1, c. 14, s. 2; 2012, c. 1, s. 24; 2013, c. 8, s. 2, c. 9, s. 14, c. 13, s. 7; 2014, c. 17, s. 2, c. 20, s. 366(E), c. 25, s. 11, c. 31, s. 7, c. 32, s. 59; 2015, c. 20, s. 19; 2017, c. 7, s. 56 2018, c. 12, s. 114, c. 16, s. 210, c. 26, s. 23, c. 29, s. 15 2019, c. 13, s. 150 2019, c. 16, s. 122 2019, c. 25, s. 63.1 2020, c. 1, s. 36 2021, c. 24, s. 3 2021, c. 27, s. 1 2022, c. 10, s. 81 2022, c. 17, s. 5 2023, c. 14, s. 2 2023, c. 32, s. 13 2024, c. 16, s. 57 2024, c. 16, s. 62 2024, c. 17, s. 368 2024, c. 23, s. 5
Criminal Code — C-46
authorization means an authorization to intercept a private communication given under subsection 184.2(3), section 186 or subsection 188(2); ( autorisation )
Criminal Code — C-46
electro-magnetic, acoustic, mechanical or other device means any device or apparatus that is used or is capable of being used to intercept a private communication, but does not include a hearing aid used to correct subnormal hearing of the user to not better than normal hearing; ( dispositif électromagnétique, acoustique, mécanique ou autre )
Criminal Code — C-46
intercept includes listen to, record or acquire a communication or acquire the substance, meaning or purport thereof; ( intercepter )
Criminal Code — C-46 (a)
fences), or (vi) section 231 (laundering proceeds of excise offences), (h) any of the following provisions of the Export and Import Permits Act , namely, (i) section 13 (export or attempt to export), (ii) section 14 (import or attempt to import), (ii.1) section 14.2 (broker or attempt to broker), (iii) section 15 (diversion, etc.), (iv) section 16 (no transfer of permits), (v) section 17 (false information), or (vi) section 18 (aiding and abetting), (i) any of the following provisions of the Immigration and Refugee Protection Act , namely, (i) section 117 (organizing entry into Canada), (ii) section 118 (trafficking in persons), (iii) section 119 (disembarking persons at sea), (iv) section 122 (offences related to documents), (v) section 126 (counselling misrepresentation), or (vi) section 129 (offences relating to officers), (j) any offence under the Foreign Interference and Security of Information Act , or (k) section 51.01 (offences related to goods, labels, packaging or services) of the Trademarks Act , and includes any other offence that there are reasonable grounds to believe is a criminal organization offence or any other offence that there are reasonable grounds to believe is an offence described in paragraph (b) or (c) of the definition terrorism offence in section 2; ( infraction )
Criminal Code — C-46
police officer means any officer, constable or other person employed for the preservation and maintenance of the public peace; ( policier )
Criminal Code — C-46
private communication means any oral communication, or any telecommunication, that is made by an originator who is in Canada or is intended by the originator to be received by a person who is in Canada and that is made under circumstances in which it is reasonable for the originator to expect that it will not be intercepted by any person other than the person intended by the originator to receive it, and includes any radio-based telephone communication that is treated electronically or otherwise for the purpose of preventing intelligible reception by any person other than the person intended by the originator to receive it; ( communication privée )
Criminal Code — C-46
public switched telephone network means a telecommunication facility the primary purpose of which is to provide a land line-based telephone service to the public for compensation; ( réseau téléphonique public commuté )
Criminal Code — C-46
radio-based telephone communication means any radiocommunication within the meaning of the Radiocommunication Act that is made over apparatus that is used primarily for connection to a public switched telephone network; ( communication radiotéléphonique )
Criminal Code — C-46
sell includes offer for sale, expose for sale, have in possession for sale or distribute or advertise for sale; ( vendre )
Criminal Code — C-46
solicitor means, in the Province of Quebec, an advocate or a notary and, in any other province, a barrister or solicitor. ( avocat )
Criminal Code — C-46 183.1
Consent to interception 183.1 Where a private communication is originated by more than one person or is intended by the originator thereof to be received by more than one person, a consent to the interception thereof by any one of those persons is sufficient consent for the purposes of any provision of this Part. 1993, c. 40, s. 2
Criminal Code — C-46 184
Interception 184 (1) Every person who, by means of any electro-magnetic, acoustic, mechanical or other device, knowingly intercepts a private communication 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. Saving provision (2) Subsection (1) does not apply to (a) a person who has the consent to intercept, express or implied, of the originator of the private communication or of the person intended by the originator thereof to receive it; (b) a person who intercepts a private communication in accordance with an authorization or pursuant to section 184.4 or any person who in good faith aids in any way another person who the aiding person believes on reasonable grounds is acting with an authorization or pursuant to section 184.4; (c) a person engaged in providing a telephone, telegraph or other communication service to the public who intercepts a private communication, (i) if the interception is necessary for the purpose of providing the service, (ii) in the course of service observing or random monitoring necessary for the purpose of mechanical or service quality control checks, or (iii) if the interception is necessary to protect the person’s rights or property directly related to providing the service; (d) an officer or servant of Her Majesty in right of Canada who engages in radio frequency spectrum management, in respect of a private communication intercepted by that officer or servant for the purpose of identifying, isolating or preventing an unauthorized or interfering use of a frequency or of a transmission; or (e) a person, or any person acting on their behalf, in possession or control of a computer system, as defined in subsection 342.1(2), who intercepts a private communication originating from, directed to or transmitting through that computer system, if the interception is reasonably necessary for (i) managing the quality of service of the computer system as it relates to performance factors such as the responsiveness and capacity of the system as well as the integrity and availability of the system and data, or (ii) protecting the computer system against any act that would be an offence under subsection 342.1(1) or 430(1.1). Use or retention (3) A private communication intercepted by a person referred to in paragraph (2)(e) can be used or retained only if (a) it is essential to identify, isolate or prevent harm to the computer system; or (b) it is to be disclosed in circumstances referred to in subsection 193(2). R.S., 1985, c. C-46, s. 184; 1993, c. 40, s. 3; 2004, c. 12, s. 4 2019, c. 25, s. 64
Criminal Code — C-46 184.1
Interception to prevent bodily harm 184.1 (1) An agent of the state may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication if (a) either the originator of the private communication or the person intended by the originator to receive it has consented to the interception; (b) the agent of the state believes on reasonable grounds that there is a risk of bodily harm to the person who consented to the interception; and (c) the purpose of the interception is to prevent the bodily harm. Admissibility of intercepted communication (2) The contents of a private communication that is obtained from an interception pursuant to subsection (1) are inadmissible as evidence except for the purposes of proceedings in which actual, attempted or threatened bodily harm is alleged, including proceedings in respect of an application for an authorization under this Part or in respect of a search warrant or a warrant for the arrest of any person. Destruction of recordings and transcripts (3) The agent of the state who intercepts a private communication pursuant to subsection (1) shall, as soon as is practicable in the circumstances, destroy any recording of the private communication that is obtained from an interception pursuant to subsection (1), any full or partial transcript of the recording and any notes made by that agent of the private communication if nothing in the private communication suggests that bodily harm, attempted bodily harm or threatened bodily harm has occurred or is likely to occur. Definition of agent of the state (4) For the purposes of this section, agent of the state means (a) a peace officer; and (b) a person acting under the authority of, or in cooperation with, a peace officer. 1993, c. 40, s. 4