GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 307
Fair reports of parliamentary or judicial proceedings 307 (1) No person shall be deemed to publish a defamatory libel by reason only that he publishes in good faith, for the information of the public, a fair report of the proceedings of the Senate or House of Commons or the legislature of a province, or a committee thereof, or of the public proceedings before a court exercising judicial authority, or publishes, in good faith, any fair comment on any such proceedings. Divorce proceedings an exception (2) This section does not apply to a person who publishes a report of evidence taken or offered in any proceeding before the Senate or House of Commons or any committee thereof, on a petition or bill relating to any matter of marriage or divorce, if the report is published without authority from or leave of the House in which the proceeding is held or is contrary to any rule, order or practice of that House. R.S., c. C-34, s. 271
Criminal Code — C-46 308
Fair report of public meeting 308 No person shall be deemed to publish a defamatory libel by reason only that he publishes in good faith, in a newspaper, a fair report of the proceedings of any public meeting if (a) the meeting is lawfully convened for a lawful purpose and is open to the public; (b) the report is fair and accurate; (c) the publication of the matter complained of is for the public benefit; and (d) he does not refuse to publish in a conspicuous place in the newspaper a reasonable explanation or contradiction by the person defamed in respect of the defamatory matter. R.S., c. C-34, s. 272
Criminal Code — C-46 309
Public benefit 309 No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter that, on reasonable grounds, he believes is true, and that is relevant to any subject of public interest, the public discussion of which is for the public benefit. R.S., c. C-34, s. 273
Criminal Code — C-46 310
Fair comment on public person or work of art 310 No person shall be deemed to publish a defamatory libel by reason only that he publishes fair comments (a) on the public conduct of a person who takes part in public affairs; or (b) on a published book or other literary production, or on any composition or work of art or performance publicly exhibited, or on any other communication made to the public on any subject, if the comments are confined to criticism thereof. R.S., c. C-34, s. 274
Criminal Code — C-46 311
When truth a defence 311 No person shall be deemed to publish a defamatory libel where he proves that the publication of the defamatory matter in the manner in which it was published was for the public benefit at the time when it was published and that the matter itself was true. R.S., c. C-34, s. 275
Criminal Code — C-46 312
Publication invited or necessary 312 No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter (a) on the invitation or challenge of the person in respect of whom it is published, or (b) that it is necessary to publish in order to refute defamatory matter published in respect of him by another person, if he believes that the defamatory matter is true and it is relevant to the invitation, challenge or necessary refutation, as the case may be, and does not in any respect exceed what is reasonably sufficient in the circumstances. R.S., c. C-34, s. 276
Criminal Code — C-46 313
Answer to inquiries 313 No person shall be deemed to publish a defamatory libel by reason only that he publishes, in answer to inquiries made to him, defamatory matter relating to a subject-matter in respect of which the person by whom or on whose behalf the inquiries are made has an interest in knowing the truth or who, on reasonable grounds, the person who publishes the defamatory matter believes has such an interest, if (a) the matter is published, in good faith, for the purpose of giving information in answer to the inquiries; (b) the person who publishes the defamatory matter believes that it is true; (c) the defamatory matter is relevant to the inquiries; and (d) the defamatory matter does not in any respect exceed what is reasonably sufficient in the circumstances. R.S., c. C-34, s. 277
Criminal Code — C-46 314
Giving information to person interested 314 No person shall be deemed to publish a defamatory libel by reason only that he publishes to another person defamatory matter for the purpose of giving information to that person with respect to a subject-matter in which the person to whom the information is given has, or is believed on reasonable grounds by the person who gives it to have, an interest in knowing the truth with respect to that subject-matter if (a) the conduct of the person who gives the information is reasonable in the circumstances; (b) the defamatory matter is relevant to the subject-matter; and (c) the defamatory matter is true, or if it is not true, is made without ill-will toward the person who is defamed and is made in the belief, on reasonable grounds, that it is true. R.S., c. C-34, s. 278
Criminal Code — C-46 315
Publication in good faith for redress of wrong 315 No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter in good faith for the purpose of seeking remedy or redress for a private or public wrong or grievance from a person who has, or who on reasonable grounds he believes has, the right or is under an obligation to remedy or redress the wrong or grievance, if (a) he believes that the defamatory matter is true; (b) the defamatory matter is relevant to the remedy or redress that is sought; and (c) the defamatory matter does not in any respect exceed what is reasonably sufficient in the circumstances. R.S., c. C-34, s. 279
Criminal Code — C-46 316
Proving publication by order of legislature 316 (1) An accused who is alleged to have published a defamatory libel may, at any stage of the proceedings, adduce evidence to prove that the matter that is alleged to be defamatory was contained in a paper published by order or under the authority of the Senate or House of Commons or the legislature of a province. Directing verdict (2) Where at any stage in proceedings referred to in subsection (1) the court, judge, justice or provincial court judge is satisfied that the matter alleged to be defamatory was contained in a paper published by order or under the authority of the Senate or House of Commons or the legislature of a province, he shall direct a verdict of not guilty to be entered and shall discharge the accused. Certificate of order (3) For the purposes of this section, a certificate under the hand of the Speaker or clerk of the Senate or House of Commons or the legislature of a province to the effect that the matter that is alleged to be defamatory was contained in a paper published by order or under the authority of the Senate, House of Commons or the legislature of a province, as the case may be, is conclusive evidence thereof. R.S., 1985, c. C-46, s. 316; R.S., 1985, c. 27 (1st Supp.), s. 203
Criminal Code — C-46 317
Verdicts in cases of defamatory libel 317 Where, on the trial of an indictment for publishing a defamatory libel, a plea of not guilty is pleaded, the jury that is sworn to try the issue may give a general verdict of guilty or not guilty on the whole matter put in issue on the indictment, and shall not be required or directed by the judge to find the defendant guilty merely on proof of publication by the defendant of the alleged defamatory libel, and of the sense ascribed thereto in the indictment, but the judge may, in his discretion, give a direction or opinion to the jury on the matter in issue as in other criminal proceedings, and the jury may, on the issue, find a special verdict. R.S., c. C-34, s. 281
Criminal Code — C-46 318
Advocating genocide 318 (1) Every person who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term of not more than five years. Definition of genocide (2) In this section, genocide means any of the following acts committed with intent to destroy in whole or in part any identifiable group, namely, (a) killing members of the group; or (b) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction. Consent (3) No proceeding for an offence under this section shall be instituted without the consent of the Attorney General. Definition of identifiable group (4) In this section, identifiable group means any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability. R.S., 1985, c. C-46, s. 318; 2004, c. 14, s. 1; 2014, c. 31, s. 12; 2017, c. 13, s. 3 2019, c. 25, s. 120
Criminal Code — C-46
communicating includes communicating by telephone, broadcasting or other audible or visible means; ( communiquer )
Criminal Code — C-46
Holocaust means the planned and deliberate state-sponsored persecution and annihilation of European Jewry by the Nazis and their collaborators from 1933 to 1945; ( Holocauste )
Criminal Code — C-46
identifiable group has the same meaning as in section 318; ( groupe identifiable )
Criminal Code — C-46
statements includes words spoken or written or recorded electronically or electro-magnetically or otherwise, and gestures, signs or other visible representations. ( déclarations )
Criminal Code — C-46 (a)
court means (a) in the Province of Quebec, the Court of Quebec, (a.1) in the Province of Ontario, the Superior Court of Justice, (b) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench, (c) in the Province of Newfoundland and Labrador, the Supreme Court, Trial Division, (c.1) [Repealed, 1992, c. 51, s. 36] (d) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, in Yukon and in the Northwest Territories, the Supreme Court, and (e) in Nunavut, the Nunavut Court of Justice; ( tribunal )
Criminal Code — C-46
genocide has the same meaning as in section 318; ( génocide )
Criminal Code — C-46
hate propaganda means any writing, sign or visible representation that advocates or promotes genocide or the communication of which by any person would constitute an offence under section 319; ( propagande haineuse )
Criminal Code — C-46
judge means a judge of a court. ( juge )
Criminal Code — C-46 320.1
Warrant of seizure 320.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material that is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, that is stored on and made available to the public through a computer system within the meaning of subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to (a) give an electronic copy of the material to the court; (b) ensure that the material is no longer stored on and made available through the computer system; and (c) provide the information necessary to identify and locate the person who posted the material. Notice to person who posted the material (2) Within a reasonable time after receiving the information referred to in paragraph (1)(c), the judge shall cause notice to be given to the person who posted the material, giving that person the opportunity to appear and be represented before the court and show cause why the material should not be deleted. If the person cannot be identified or located or does not reside in Canada, the judge may order the custodian of the computer system to post the text of the notice at the location where the material was previously stored and made available, until the time set for the appearance. Person who posted the material may appear (3) The person who posted the material may appear and be represented in the proceedings in order to oppose the making of an order under subsection (5). Non-appearance (4) If the person who posted the material does not appear for the proceedings, the court may proceed ex parte to hear and determine the proceedings in the absence of the person as fully and effectually as if the person had appeared. Order (5) If the court is satisfied, on a balance of probabilities, that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, it may order the custodian of the computer system to delete the material. Destruction of copy (6) When the court makes the order for the deletion of the material, it may order the destruction of the electronic copy in the court’s possession. Return of material (7) If the court is not satisfied that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b). Other provisions to apply (8) Subsections 320(6) to (8) apply, with any modifications that the circumstances require, to this section. When order takes effect (9) No order made under subsections (5) to (7) takes effect until the time for final appeal has expired. 2001, c. 41, s. 10; 2014, c. 31, s. 13
Criminal Code — C-46 320.101
Definition of conversion therapy 320.101 In sections 320.102 to 320.104, conversion therapy means a practice, treatment or service designed to (a) change a person’s sexual orientation to heterosexual; (b) change a person’s gender identity to cisgender; (c) change a person’s gender expression so that it conforms to the sex assigned to the person at birth; (d) repress or reduce non-heterosexual attraction or sexual behaviour; (e) repress a person’s non-cisgender gender identity; or (f) repress or reduce a person’s gender expression that does not conform to the sex assigned to the person at birth. For greater certainty, this definition does not include a practice, treatment or service that relates to the exploration or development of an integrated personal identity — such as a practice, treatment or service that relates to a person’s gender transition — and that is not based on an assumption that a particular sexual orientation, gender identity or gender expression is to be preferred over another. 2021, c. 24, s. 5
Criminal Code — C-46 320.102
Conversion therapy 320.102 Everyone who knowingly causes another person to undergo conversion therapy — including by providing conversion therapy to that other person — is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or (b) guilty of an offence punishable on summary conviction. 2021, c. 24, s. 5
Criminal Code — C-46 320.103
Promoting or advertising 320.103 Everyone who knowingly promotes or advertises conversion therapy is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) guilty of an offence punishable on summary conviction. 2021, c. 24, s. 5
Criminal Code — C-46 320.104
Material benefit 320.104 Everyone who receives a financial or other material benefit, knowing that it is obtained or derived directly or indirectly from the provision of conversion therapy, is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) guilty of an offence punishable on summary conviction. 2021, c. 24, s. 5
Criminal Code — C-46 320.11
Definitions 320.11 The following definitions apply in this Part. analyst means a person who is, or a person who is a member of a class of persons that is, designated by the Attorney General under subparagraph 320.4(b)(ii) or paragraph 320.4(c). ( analyste ) approved container means a container that is designed to receive a sample of a person’s blood for analysis and that is approved by the Attorney General of Canada under paragraph 320.39(d). ( contenant approuvé ) approved drug screening equipment means equipment that is designed to ascertain the presence of a drug in a person’s body and that is approved by the Attorney General of Canada under paragraph 320.39(b). ( matériel de détection des drogues approuvé ) approved instrument means an instrument that is designed to receive and make an analysis of a sample of a person’s breath to determine their blood alcohol concentration and that is approved by the Attorney General of Canada under paragraph 320.39(c). ( éthylomètre approuvé ) approved screening device means a device that is designed to ascertain the presence of alcohol in a person’s blood and that is approved by the Attorney General of Canada under paragraph 320.39(a). ( appareil de détection approuvé ) conveyance means a motor vehicle, a vessel, an aircraft or railway equipment. ( moyen de transport ) evaluating officer means a peace officer who has the qualifications prescribed by regulation that are required in order to act as an evaluating officer. ( agent évaluateur ) operate means (a) in respect of a motor vehicle, to drive it or to have care or control of it; (b) in respect of a vessel or aircraft, to navigate it, to assist in its navigation or to have care or control of it; and (c) in respect of railway equipment, to participate in the direct control of its motion, or to have care or control of it as a member of the equipment’s crew, as a person who acts in lieu of a member of the equipment’s crew by remote control, or otherwise. ( conduire ) qualified medical practitioner means a person who is qualified under provincial law to practise medicine. ( médecin qualifié ) qualified technician means (a) in respect of breath samples, a person who is designated by the Attorney General under paragraph 320.4(a); and (b) in respect of blood samples, a person who is, or a person who is a member of a class of persons that is, designated by the Attorney General under subparagraph 320.4(b)(i). ( technicien qualifié ) vessel includes a hovercraft. ( bateau ) 2018, c. 21, s. 15
Criminal Code — C-46
analyst means a person who is, or a person who is a member of a class of persons that is, designated by the Attorney General under subparagraph 320.4(b)(ii) or paragraph 320.4(c). ( analyste )
Criminal Code — C-46
approved container means a container that is designed to receive a sample of a person’s blood for analysis and that is approved by the Attorney General of Canada under paragraph 320.39(d). ( contenant approuvé )
Criminal Code — C-46
approved drug screening equipment means equipment that is designed to ascertain the presence of a drug in a person’s body and that is approved by the Attorney General of Canada under paragraph 320.39(b). ( matériel de détection des drogues approuvé )
Criminal Code — C-46
approved instrument means an instrument that is designed to receive and make an analysis of a sample of a person’s breath to determine their blood alcohol concentration and that is approved by the Attorney General of Canada under paragraph 320.39(c). ( éthylomètre approuvé )
Criminal Code — C-46
approved screening device means a device that is designed to ascertain the presence of alcohol in a person’s blood and that is approved by the Attorney General of Canada under paragraph 320.39(a). ( appareil de détection approuvé )
Criminal Code — C-46
conveyance means a motor vehicle, a vessel, an aircraft or railway equipment. ( moyen de transport )
Criminal Code — C-46
evaluating officer means a peace officer who has the qualifications prescribed by regulation that are required in order to act as an evaluating officer. ( agent évaluateur )
Criminal Code — C-46 (a)
operate means (a) in respect of a motor vehicle, to drive it or to have care or control of it; (b) in respect of a vessel or aircraft, to navigate it, to assist in its navigation or to have care or control of it; and (c) in respect of railway equipment, to participate in the direct control of its motion, or to have care or control of it as a member of the equipment’s crew, as a person who acts in lieu of a member of the equipment’s crew by remote control, or otherwise. ( conduire )
Criminal Code — C-46
qualified medical practitioner means a person who is qualified under provincial law to practise medicine. ( médecin qualifié )
Criminal Code — C-46 (a)
qualified technician means (a) in respect of breath samples, a person who is designated by the Attorney General under paragraph 320.4(a); and (b) in respect of blood samples, a person who is, or a person who is a member of a class of persons that is, designated by the Attorney General under subparagraph 320.4(b)(i). ( technicien qualifié )
Criminal Code — C-46
vessel includes a hovercraft. ( bateau )
Criminal Code — C-46 320.12
Recognition and declaration 320.12 It is recognized and declared that (a) operating a conveyance is a privilege that is subject to certain limits in the interests of public safety that include licensing, the observance of rules and sobriety; (b) the protection of society is well served by deterring persons from operating conveyances dangerously or while their ability to operate them is impaired by alcohol or a drug, because that conduct poses a threat to the life, health and safety of Canadians; (c) the analysis of a sample of a person’s breath by means of an approved instrument produces reliable and accurate readings of blood alcohol concentration; and (d) an evaluation conducted by an evaluating officer is a reliable method of determining whether a person’s ability to operate a conveyance is impaired by a drug or by a combination of alcohol and a drug. 2018, c. 21, s. 15
Criminal Code — C-46 320.13
Dangerous operation 320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public. Operation causing bodily harm (2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person. Operation causing death (3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person. 2018, c. 21, s. 15
Criminal Code — C-46 320.15
Failure or refusal to comply with demand 320.15 (1) Everyone commits an offence who, knowing that a demand has been made, fails or refuses to comply, without reasonable excuse, with a demand made under section 320.27 or 320.28. Accident resulting in bodily harm (2) Everyone commits an offence who commits an offence under subsection (1) and who, at the time of the failure or refusal, knows that, or is reckless as to whether, they were involved in an accident that resulted in bodily harm to another person. Accident resulting in death (3) Everyone commits an offence who commits an offence under subsection (1) and who, at the time of the failure or refusal, knows that, or is reckless as to whether, they were involved in an accident that resulted in the death of another person or in bodily harm to another person whose death ensues. Only one conviction (4) A person who is convicted of an offence under this section is not to be convicted of another offence under this section with respect to the same transaction. 2018, c. 21, s. 15