GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 281
Abduction of person under age of 14 281 Every person who, not being the parent, guardian or person having the lawful care or charge of a person under the age of 14 years, unlawfully takes, entices away, conceals, detains, receives or harbours that person with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that 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. R.S., 1985, c. C-46, s. 281 2019, c. 25, s. 107
Criminal Code — C-46 282
Abduction in contravention of custody or parenting order 282 (1) Every one who, being the parent, guardian or person having the lawful care or charge of a child under the age of 14 years, takes, entices away, conceals, detains, receives or harbours that child, in contravention of a custody order or a parenting order made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that child, of the possession of that child is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or (b) an offence punishable on summary conviction. If no belief in validity of custody order or parenting order (2) If a count charges an offence under subsection (1) and the offence is not proven only because the accused did not believe that there was a valid custody order or parenting order but the evidence does prove an offence under section 283, the accused may be convicted of an offence under that section. R.S., 1985, c. C-46, s. 282; 1993, c. 45, s. 4 2019, c. 16, s. 123
Criminal Code — C-46 283
Abduction 283 (1) Everyone who, being the parent, guardian or person having the lawful care or charge of a child under the age of 14 years, takes, entices away, conceals, detains, receives or harbours that child, whether or not there is an order referred to in subsection 282(1) in respect of the child , with intent to deprive a parent, guardian or any other person who has the lawful care or charge of that child, of the possession of that child, is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or (b) an offence punishable on summary conviction. Consent required (2) No proceedings may be commenced under subsection (1) without the consent of the Attorney General or counsel instructed by him for that purpose. R.S., 1985, c. C-46, s. 283; 1993, c. 45, s. 5 2019, c. 16, s. 124
Criminal Code — C-46 284
Defence 284 No one shall be found guilty of an offence under sections 281 to 283 if he establishes that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was done with the consent of the parent, guardian or other person having the lawful possession, care or charge of that young person. 1980-81-82-83, c. 125, s. 20
Criminal Code — C-46 285
Defence 285 No one shall be found guilty of an offence under sections 280 to 283 if the court is satisfied that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was necessary to protect the young person from danger of imminent harm or if the person charged with the offence was escaping from danger of imminent harm. R.S., 1985, c. C-46, s. 285; 1993, c. 45, s. 6
Criminal Code — C-46 286
No defence 286 In proceedings in respect of an offence under sections 280 to 283, it is not a defence to any charge that a young person consented to or suggested any conduct of the accused. 1980-81-82-83, c. 125, s. 20
Criminal Code — C-46 286.1
Obtaining sexual services for consideration 286.1 (1) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years and a minimum punishment of, (i) in the case where the offence is committed in a public place, or in any place open to public view, that is or is next to a park or the grounds of a school or religious institution or that is or is next to any other place where persons under the age of 18 can reasonably be expected to be present, (A) for a first offence, a fine of  $2,000, and (B) for each subsequent offence, a fine of  $4,000, or (ii) in any other case, (A) for a first offence, a fine of  $1,000, and (B) for each subsequent offence, a fine of  $2,000; or (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of, (i) in the case referred to in subparagraph (a)(i), (A) for a first offence, a fine of  $1,000, and (B) for each subsequent offence, a fine of  $2,000, or (ii) in any other case, (A) for a first offence, a fine of  $500, and (B) for each subsequent offence, a fine of  $1,000. Obtaining sexual services for consideration from person under 18 years (2) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person under the age of 18 years is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of (a) for a first offence, six months; and (b) for each subsequent offence, one year. Subsequent offences (3) In determining, for the purpose of subsection (2), whether a convicted person has committed a subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence: (a) an offence under that subsection; or (b) an offence under subsection 212(4) of this Act, as it read from time to time before the day on which this subsection comes into force. Sequence of convictions only (4) In determining, for the purposes of this section, whether a convicted person has committed a subsequent offence, the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences, whether any offence occurred before or after any conviction or whether offences were prosecuted by indictment or by way of summary conviction proceedings. Definitions of place and public place (5) For the purposes of this section, place and public place have the same meaning as in subsection 197(1). 2014, c. 25, s. 20 2019, c. 25, s. 108
Criminal Code — C-46 286.2
Material benefit from sexual services 286.2 (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. 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. 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. 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. 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. 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
Criminal Code — C-46 286.3
Procuring 286.3 (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. 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
Criminal Code — C-46 286.4
Advertising sexual services 286.4 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
Criminal Code — C-46 286.5
Immunity — material benefit and advertising 286.5 (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. 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
Criminal Code — C-46 289
289 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 41]
Criminal Code — C-46 290
Bigamy 290 (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. 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. 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. 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. 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
Criminal Code — C-46 291
Punishment 291 (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. 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
Criminal Code — C-46 292
Procuring feigned marriage 292 (1) Every person who procures or knowingly aids in procuring a feigned marriage between themselves and another person 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. Corroboration (2) No person shall be convicted of an offence under this section on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused. R.S., 1985, c. C-46, s. 292 2019, c. 25, s. 113
Criminal Code — C-46 293
Polygamy 293 (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 (a) practises or enters into or in any manner agrees or consents to practise or enter into any form of polygamy or any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage; or (b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in paragraph (a). Evidence in case of polygamy (2) Where an accused is charged with an offence under this section, no averment or proof of the method by which the alleged relationship was entered into, agreed to or consented to is necessary in the indictment or on the trial of the accused, nor is it necessary on the trial to prove that the persons who are alleged to have entered into the relationship had or intended to have sexual intercourse. R.S., 1985, c. C-46, s. 293 2019, c. 25, s. 114
Criminal Code — C-46 293.1
Forced marriage 293.1 Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is marrying against their will 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. 2015, c. 29, s. 9 2019, c. 25, s. 115
Criminal Code — C-46 293.2
Marriage under age of 16 years 293.2 Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years 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. 2015, c. 29, s. 9 2019, c. 25, s. 115
Criminal Code — C-46 294
Pretending to solemnize marriage 294 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) solemnizes or pretends to solemnize a marriage without lawful authority; or (b) procures a person to solemnize a marriage knowing that he is not lawfully authorized to solemnize the marriage. R.S., 1985, c. C-46, s. 294; 2018, c. 29, s. 29 2019, c. 25, s. 116
Criminal Code — C-46 295
Marriage contrary to law 295 Every person who, being lawfully authorized to solemnize marriage, knowingly solemnizes a marriage in contravention of federal law or the laws of the province in which the marriage is solemnized 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. R.S., 1985, c. C-46, s. 295; 2015, c. 29, s. 10 2019, c. 25, s. 117
Criminal Code — C-46 297
Definition of newspaper 297 In sections 303, 304 and 308, newspaper means any paper, magazine or periodical containing public news, intelligence or reports of events, or any remarks or observations thereon, printed for sale and published periodically or in parts or numbers, at intervals not exceeding thirty-one days between the publication of any two such papers, parts or numbers, and any paper, magazine or periodical printed in order to be dispersed and made public, weekly or more often, or at intervals not exceeding thirty-one days, that contains advertisements, exclusively or principally. R.S., c. C-34, s. 261
Criminal Code — C-46 298
Definition 298 (1) A defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published. Mode of expression (2) A defamatory libel may be expressed directly or by insinuation or irony (a) in words legibly marked on any substance; or (b) by any object signifying a defamatory libel otherwise than by words. R.S., c. C-34, s. 262
Criminal Code — C-46 299
Publishing 299 A person publishes a libel when he (a) exhibits it in public; (b) causes it to be read or seen; or (c) shows or delivers it, or causes it to be shown or delivered, with intent that it should be read or seen by any person other than the person whom it defames. R.S., 1985, c. C-46, s. 299; 2018, c. 29, s. 31
Criminal Code — C-46 300
Punishment of libel known to be false 300 Every person who publishes a defamatory libel that they know is false 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. R.S., 1985, c. C-46, s. 300 2019, c. 25, s. 118
Criminal Code — C-46 301
Punishment for defamatory libel 301 Every person who publishes a defamatory libel 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. R.S., 1985, c. C-46, s. 301 2019, c. 25, s. 118
Criminal Code — C-46 302
Extortion by libel 302 (1) Every one commits an offence who, with intent (a) to extort money from any person, or (b) to induce a person to confer on or procure for another person an appointment or office of profit or trust, publishes or threatens to publish or offers to abstain from publishing or to prevent the publication of a defamatory libel. Idem (2) Every one commits an offence who, as the result of the refusal of any person to permit money to be extorted or to confer or procure an appointment or office of profit or trust, publishes or threatens to publish a defamatory libel. Punishment (3) Every person who commits an offence under this section 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. R.S., 1985, c. C-46, s. 302 2019, c. 25, s. 119
Criminal Code — C-46 303
Proprietor of newspaper presumed responsible 303 (1) The proprietor of a newspaper shall be deemed to publish defamatory matter that is inserted and published therein, unless he proves that the defamatory matter was inserted in the newspaper without his knowledge and without negligence on his part. General authority to manager when negligence (2) Where the proprietor of a newspaper gives to a person general authority to manage or conduct the newspaper as editor or otherwise, the insertion by that person of defamatory matter in the newspaper shall, for the purposes of subsection (1), be deemed not to be negligence on the part of the proprietor unless it is proved that (a) he intended the general authority to include authority to insert defamatory matter in the newspaper; or (b) he continued to confer general authority after he knew that it had been exercised by the insertion of defamatory matter in the newspaper. Selling newspapers (3) No person shall be deemed to publish a defamatory libel by reason only that he sells a number or part of a newspaper that contains a defamatory libel, unless he knows that the number or part contains defamatory matter or that defamatory matter is habitually contained in the newspaper. R.S., c. C-34, s. 267
Criminal Code — C-46 304
Selling book containing defamatory libel 304 (1) No person shall be deemed to publish a defamatory libel by reason only that he sells a book, magazine, pamphlet or other thing, other than a newspaper that contains defamatory matter, if, at the time of the sale, he does not know that it contains the defamatory matter. Sale by servant (2) Where a servant, in the course of his employment, sells a book, magazine, pamphlet or other thing, other than a newspaper, the employer shall be deemed not to publish any defamatory matter contained therein unless it is proved that the employer authorized the sale knowing that (a) defamatory matter was contained therein; or (b) defamatory matter was habitually contained therein, in the case of a periodical. R.S., c. C-34, s. 268
Criminal Code — C-46 305
Publishing proceedings of courts of justice 305 No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter (a) in a proceeding held before or under the authority of a court exercising judicial authority; or (b) in an inquiry made under the authority of an Act or by order of Her Majesty, or under the authority of a public department or a department of the government of a province. R.S., c. C-34, s. 269
Criminal Code — C-46 306
Parliamentary papers 306 No person shall be deemed to publish a defamatory libel by reason only that he (a) publishes to the Senate or House of Commons or to the legislature of a province defamatory matter contained in a petition to the Senate or House of Commons or to the legislature of a province, as the case may be; (b) publishes by order or under the authority of the Senate or House of Commons or of the legislature of a province a paper containing defamatory matter; or (c) publishes, in good faith and without ill-will to the person defamed, an extract from or abstract of a petition or paper mentioned in paragraph (a) or (b). R.S., c. C-34, s. 270