GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 241.4
Forgery 241.4 (1) Everyone commits an offence who commits forgery in relation to a request for medical assistance in dying. Destruction of documents (2) Everyone commits an offence who destroys a document that relates to a request for medical assistance in dying with intent to interfere with (a) another person’s access to medical assistance in dying; (b) the lawful assessment of a request for medical assistance in dying; (c) another person invoking an exemption under any of subsections 227(1) or (2), 241(2) to (5) or 245(2); or (d) the provision by a person of information under section 241.31. Punishment (3) Everyone who commits an offence under subsection (1) or (2) 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. Definition of document (4) In subsection (2), document has the same meaning as in section 321. 2016, c. 3, ss. 3, 5 2019, c. 25, s. 81
Criminal Code — C-46 242
Neglect to obtain assistance in childbirth 242 A female person who, being pregnant and about to be delivered, with intent that the child shall not live or with intent to conceal the birth of the child, fails to make provision for reasonable assistance in respect of her delivery is, if the child is permanently injured as a result of the failure or dies immediately before, during or in a short time after birth, as a result of the failure, 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. 242 2019, c. 25, s. 82
Criminal Code — C-46 243
Concealing body of child 243 Every person who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, 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. 243 2019, c. 25, s. 82
Criminal Code — C-46 244
Discharging firearm with intent 244 (1) Every person commits an offence who discharges a firearm at a person with intent to wound, maim or disfigure, to endanger the life of or to prevent the arrest or detention of any person — whether or not that person is the one at whom the firearm is discharged. Punishment (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of (i) in the case of a first offence, five years, and (ii) in the case of a second or subsequent offence, seven years; and (b) in any other case, to imprisonment for a term of not more than 14 years. Subsequent offences (3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or 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 this section; (b) an offence under subsection 85(1) or (2) or section 244.2; or (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence. However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody. Sequence of convictions only (4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. R.S., 1985, c. C-46, s. 244; 1995, c. 39, s. 144; 2008, c. 6, s. 17; 2009, c. 22, s. 7 2022, c. 15, s. 10
Criminal Code — C-46 244.1
Causing bodily harm with intent — air gun or pistol 244.1 Every person who, with intent (a) to wound, maim or disfigure any person, (b) to endanger the life of any person, or (c) to prevent the arrest or detention of any person, discharges an air or compressed gas gun or pistol at any person, whether or not that person is the person mentioned in paragraph (a), (b) or (c), is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. 1995, c. 39, s. 144
Criminal Code — C-46 244.2
Discharging firearm — recklessness 244.2 (1) Every person commits an offence (a) who intentionally discharges a firearm into or at a place, knowing that or being reckless as to whether another person is present in the place; or (b) who intentionally discharges a firearm while being reckless as to the life or safety of another person. Definition of place (2) For the purpose of paragraph (1)(a), place means any building or structure — or part of one — or any motor vehicle, vessel, aircraft, railway vehicle, container or trailer. Punishment (3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of or in association with a criminal organization, is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of (i) five years, in the case of a first offence, and (ii) seven years, in the case of a second or subsequent offence; and (b) in any other case, is liable to imprisonment for a term of not more than 14 years. Subsequent offences (4) In determining, for the purpose of paragraph (3)(a), whether a convicted person has committed a second or 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 this section; (b) an offence under subsection 85(1) or (2) or section 244; or (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence. However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody. Sequence of convictions only (5) For the purpose of subsection (4), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. 2009, c. 22, s. 8 2022, c. 15, s. 11
Criminal Code — C-46 245
Administering noxious thing 245 (1) Every person who administers or causes to be administered to any other person or causes any other person to take poison or any other destructive or noxious thing is guilty (a) of an indictable offence and liable to imprisonment for a term of not more than 14 years, if they did so with intent to endanger the life of or to cause bodily harm to that person; or (b) of an indictable offence and liable to imprisonment for a term of not more than two years or of an offence punishable on summary conviction, if they did so with intent to aggrieve or annoy that person. Exemption (2) Subsection (1) does not apply to (a) a medical practitioner or nurse practitioner who provides medical assistance in dying in accordance with section 241.2; and (b) a person who does anything for the purpose of aiding a medical practitioner or nurse practitioner to provide medical assistance in dying in accordance with section 241.2. Definitions (3) In subsection (2), medical assistance in dying , medical practitioner and nurse practitioner have the same meanings as in section 241.1. R.S., 1985, c. C-46, s. 245; 2016, c. 3, s. 6 2019, c. 25, s. 83
Criminal Code — C-46 246
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. R.S., c. C-34, s. 230; 1972, c. 13, s. 70
Criminal Code — C-46 247
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. 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. 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. 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. 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. R.S., 1985, c. C-46, s. 247; 2004, c. 12, s. 6 2019, c. 25, s. 84
Criminal Code — C-46 248
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. R.S., c. C-34, s. 232
Criminal Code — C-46 262
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. R.S., 1985, c. C-46, s. 262 2019, c. 25, s. 90
Criminal Code — C-46 263
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. 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. 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. R.S., c. C-34, s. 242; 1980-81-82-83, c. 125, s. 18
Criminal Code — C-46 264
Criminal harassment 264 (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them. Prohibited conduct (2) The conduct mentioned in subsection (1) consists of (a) repeatedly following from place to place the other person or 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 any member of their family. Punishment (3) Every person who contravenes this section 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. 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 pursuant to section 161 or a recognizance entered into pursuant to section 810, 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). 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. R.S., 1985, c. C-46, s. 264; R.S., 1985, c. 27 (1st Supp.), s. 37; 1993, c. 45, s. 2; 1997, c. 16, s. 4, c. 17, s. 9; 2002, c. 13, s. 10 2019, c. 25, s. 91
Criminal Code — C-46 264.1
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. 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. 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. R.S., 1985, c. 27 (1st Supp.), s. 38; 1994, c. 44, s. 16 2019, c. 25, s. 92
Criminal Code — C-46 265
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. 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. 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. 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. R.S., c. C-34, s. 244; 1974-75-76, c. 93, s. 21; 1980-81-82-83, c. 125, s. 19
Criminal Code — C-46 266
Assault 266 Every one who commits an assault is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction. R.S., c. C-34, s. 245; 1972, c. 13, s. 21; 1974-75-76, c. 93, s. 22; 1980-81-82-83, c. 125, s. 19
Criminal Code — C-46 267
Assault with a weapon or causing bodily harm 267 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, in committing an assault, (a) carries, uses or threatens to use a weapon or an imitation thereof, (b) causes bodily harm to the complainant, or (c) chokes, suffocates or strangles the complainant. R.S., 1985, c. C-46, s. 267; 1994, c. 44, s. 17 2019, c. 25, s. 93
Criminal Code — C-46 268
Aggravated assault 268 (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant. Punishment (2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. Excision (3) For greater certainty, in this section, “wounds” or “maims” includes to excise, infibulate or mutilate, in whole or in part, the labia majora, labia minora or clitoris of a person, except where (a) a surgical procedure is performed, by a person duly qualified by provincial law to practise medicine, for the benefit of the physical health of the person or for the purpose of that person having normal reproductive functions or normal sexual appearance or function; or (b) the person is at least eighteen years of age and there is no resulting bodily harm. Consent (4) For the purposes of this section and section 265, no consent to the excision, infibulation or mutilation, in whole or in part, of the labia majora, labia minora or clitoris of a person is valid, except in the cases described in paragraphs (3)(a) and (b). R.S., 1985, c. C-46, s. 268; 1997, c. 16, s. 5
Criminal Code — C-46 269
Unlawfully causing bodily harm 269 Every one who unlawfully causes bodily harm to any person is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or (b) an offence punishable on summary conviction. R.S., 1985, c. C-46, s. 269; 1994, c. 44, s. 18 2019, c. 25, s. 94
Criminal Code — C-46 269.01
Aggravating circumstance — assault against a public transit operator 269.01 (1) When a court imposes a sentence for an offence referred to in paragraph 264.1(1)(a) or any of sections 266 to 269, it shall consider as an aggravating circumstance the fact that the victim of the offence was, at the time of the commission of the offence, a public transit operator engaged in the performance of his or her duty. Definitions (2) The following definitions apply in this section. public transit operator means an individual who operates a vehicle used in the provision of passenger transportation services to the public, and includes an individual who operates a school bus. ( conducteur de véhicule de transport en commun ) vehicle includes a bus, paratransit vehicle, licensed taxi cab, train, subway, tram and ferry. ( véhicule ) 2015, c. 1, s. 1
Criminal Code — C-46
public transit operator means an individual who operates a vehicle used in the provision of passenger transportation services to the public, and includes an individual who operates a school bus. ( conducteur de véhicule de transport en commun )
Criminal Code — C-46
vehicle includes a bus, paratransit vehicle, licensed taxi cab, train, subway, tram and ferry. ( véhicule )
Criminal Code — C-46 269.1
Torture 269.1 (1) Every official, or every person acting at the instigation of or with the consent or acquiescence of an official, who inflicts torture on any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. Definitions (2) For the purposes of this section, official means (a) a peace officer, (b) a public officer, (c) a member of the Canadian Forces, or (d) any person who may exercise powers, pursuant to a law in force in a foreign state, that would, in Canada, be exercised by a person referred to in paragraph (a), (b), or (c), whether the person exercises powers in Canada or outside Canada; ( fonctionnaire ) torture means any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person (a) for a purpose including (i) obtaining from the person or from a third person information or a statement, (ii) punishing the person for an act that the person or a third person has committed or is suspected of having committed, and (iii) intimidating or coercing the person or a third person, or (b) for any reason based on discrimination of any kind, but does not include any act or omission arising only from, inherent in or incidental to lawful sanctions. ( torture ) No defence (3) It is no defence to a charge under this section that the accused was ordered by a superior or a public authority to perform the act or omission that forms the subject-matter of the charge or that the act or omission is alleged to have been justified by exceptional circumstances, including a state of war, a threat of war, internal political instability or any other public emergency. Evidence (4) In any proceedings over which Parliament has jurisdiction, any statement obtained as a result of the commission of an offence under this section is inadmissible in evidence, except as evidence that the statement was so obtained. R.S., 1985, c. 10 (3rd Supp.), s. 2
Criminal Code — C-46 (a)
official means (a) a peace officer, (b) a public officer, (c) a member of the Canadian Forces, or (d) any person who may exercise powers, pursuant to a law in force in a foreign state, that would, in Canada, be exercised by a person referred to in paragraph (a), (b), or (c), whether the person exercises powers in Canada or outside Canada; ( fonctionnaire )
Criminal Code — C-46 (a)
torture means any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person (a) for a purpose including (i) obtaining from the person or from a third person information or a statement, (ii) punishing the person for an act that the person or a third person has committed or is suspected of having committed, and (iii) intimidating or coercing the person or a third person, or (b) for any reason based on discrimination of any kind, but does not include any act or omission arising only from, inherent in or incidental to lawful sanctions. ( torture )