GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 130
Personating peace officer 130 (1) Everyone commits an offence who (a) falsely represents himself to be a peace officer or a public officer; or (b) not being a peace officer or public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that he is a peace officer or a public officer, as the case may be. Punishment (2) Everyone who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or (b) is guilty of an offence punishable on summary conviction. R.S., 1985, c. C-46, s. 130; 2009, c. 28, s. 2
Criminal Code — C-46 130.1
Aggravating circumstance 130.1 If a person is convicted of an offence under section 130, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the accused personated a peace officer or a public officer, as the case may be, for the purpose of facilitating the commission of another offence. 2014, c. 10, s. 1
Criminal Code — C-46 131
Perjury 131 (1) Subject to subsection (3), every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false. Video links, etc. (1.1) Subject to subsection (3), every person who gives evidence under subsection 46(2) of the Canada Evidence Act , or gives evidence or a statement pursuant to an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act , commits perjury who, with intent to mislead, makes a false statement knowing that it is false, whether or not the false statement was made under oath or solemn affirmation in accordance with subsection (1), so long as the false statement was made in accordance with any formalities required by the law of the place outside Canada in which the person is virtually present or heard. Idem (2) Subsection (1) applies, whether or not a statement referred to in that subsection is made in a judicial proceeding. Application (3) Subsections (1) and (1.1) do not apply to a statement referred to in either of those subsections that is made by a person who is not specially permitted, authorized or required by law to make that statement. R.S., 1985, c. C-46, s. 131; R.S., 1985, c. 27 (1st Supp.), s. 17; 1999, c. 18, s. 92
Criminal Code — C-46 132
Punishment 132 Every one who commits perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. R.S., 1985, c. C-46, s. 132; R.S., 1985, c. 27 (1st Supp.), s. 17; 1998, c. 35, s. 119
Criminal Code — C-46 133
Corroboration 133 No person shall be convicted of an offence under section 132 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. 133; R.S., 1985, c. 27 (1st Supp.), s. 17
Criminal Code — C-46 134
Idem 134 (1) Subject to subsection (2), every one who, not being specially permitted, authorized or required by law to make a statement under oath or solemn affirmation, makes such a statement, by affidavit, solemn declaration or deposition or orally before a person who is authorized by law to permit it to be made before him, knowing that the statement is false, is guilty of an offence punishable on summary conviction. Application (2) Subsection (1) does not apply to a statement referred to in that subsection that is made in the course of a criminal investigation. R.S., 1985, c. C-46, s. 134; R.S., 1985, c. 27 (1st Supp.), s. 17
Criminal Code — C-46 135
135 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 17]
Criminal Code — C-46 136
Witness giving contradictory evidence 136 (1) Every one who, being a witness in a judicial proceeding, gives evidence with respect to any matter of fact or knowledge and who subsequently, in a judicial proceeding, gives evidence that is contrary to his previous evidence is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years, whether or not the prior or later evidence or either is true, but no person shall be convicted under this section unless the court, judge or provincial court judge, as the case may be, is satisfied beyond a reasonable doubt that the accused, in giving evidence in either of the judicial proceedings, intended to mislead. Evidence in specific cases (1.1) Evidence given under section 714.1, 714.2 or 714.3 or under subsection 46(2) of the Canada Evidence Act or evidence or a statement given under an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act is deemed to be evidence given by a witness in a judicial proceeding for the purposes of subsection (1). Definition of evidence (2) Notwithstanding the definition evidence in section 118, evidence , for the purposes of this section, does not include evidence that is not material. Proof of former trial (2.1) Where a person is charged with an offence under this section, a certificate specifying with reasonable particularity the proceeding in which that person is alleged to have given the evidence in respect of which the offence is charged, is evidence that it was given in a judicial proceeding, without proof of the signature or official character of the person by whom the certificate purports to be signed if it purports to be signed by the clerk of the court or other official having the custody of the record of that proceeding or by his lawful deputy. Consent required (3) No proceedings shall be instituted under this section without the consent of the Attorney General. R.S., 1985, c. C-46, s. 136; R.S., 1985, c. 27 (1st Supp.), ss. 18, 203; 1999, c. 18, s. 93 2019, c. 25, s. 41
Criminal Code — C-46 137
Fabricating evidence 137 Every one who, with intent to mislead, fabricates anything with intent that it shall be used as evidence in a judicial proceeding, existing or proposed, by any means other than perjury or incitement to perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. R.S., c. C-34, s. 125
Criminal Code — C-46 138
Offences relating to affidavits 138 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) signs a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared before him when the writing was not so sworn or declared or when he knows that he has no authority to administer the oath or declaration, (b) uses or offers for use any writing purporting to be an affidavit or statutory declaration that he knows was not sworn or declared, as the case may be, by the affiant or declarant or before a person authorized in that behalf, or (c) signs as affiant or declarant a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared by him, as the case may be, when the writing was not so sworn or declared. R.S., 1985, c. C-46, s. 138 2019, c. 25, s. 42
Criminal Code — C-46 139
Obstructing justice 139 (1) Every one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding, (a) by indemnifying or agreeing to indemnify a surety, in any way and either in whole or in part, or (b) where he is a surety, by accepting or agreeing to accept a fee or any form of indemnity whether in whole or in part from or in respect of a person who is released or is to be released from custody, is guilty of (c) an indictable offence and is liable to imprisonment for a term not exceeding two years, or (d) an offence punishable on summary conviction. Idem (2) Every person who intentionally attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice 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. Idem (3) Without restricting the generality of subsection (2), every one shall be deemed wilfully to attempt to obstruct, pervert or defeat the course of justice who in a judicial proceeding, existing or proposed, (a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence; (b) influences or attempts to influence by threats, bribes or other corrupt means a person in his conduct as a juror; or (c) accepts or obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence, or to do or to refrain from doing anything as a juror. R.S., 1985, c. C-46, s. 139 2019, c. 25, s. 43
Criminal Code — C-46 140
Public mischief 140 (1) Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by (a) making a false statement that accuses some other person of having committed an offence; (b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself; (c) reporting that an offence has been committed when it has not been committed; or (d) reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died. Punishment (2) Every one who commits public mischief (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. R.S., 1985, c. C-46, s. 140; R.S., 1985, c. 27 (1st Supp.), s. 19
Criminal Code — C-46 141
Compounding indictable offence 141 (1) Every person who asks for or obtains or agrees to receive or obtain any valuable consideration for themselves or any other person by agreeing to compound or conceal an indictable offence 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. Exception for diversion agreements (2) No offence is committed under subsection (1) where valuable consideration is received or obtained or is to be received or obtained under an agreement for compensation or restitution or personal services that is (a) entered into with the consent of the Attorney General; or (b) made as part of a program, approved by the Attorney General, to divert persons charged with indictable offences from criminal proceedings. R.S., 1985, c. C-46, s. 141; R.S., 1985, c. 27 (1st Supp.), s. 19 2019, c. 25, s. 44
Criminal Code — C-46 142
Corruptly taking reward for recovery of goods 142 Every person who corruptly accepts any valuable consideration, directly or indirectly, under pretence or on account of helping any person to recover anything obtained by the commission of an indictable offence 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. 142 2019, c. 25, s. 45
Criminal Code — C-46 144
Prison breach 144 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) by force or violence breaks a prison with intent to set at liberty himself or any other person confined therein, or (b) with intent to escape forcibly breaks out of, or makes any breach in, a cell or other place within a prison in which he is confined. R.S., 1985, c. C-46, s. 144 2019, c. 25, s. 46
Criminal Code — C-46 145
ngs under subsections (2) to (4), a certificate of the clerk of the court or a judge of the court before which the accused is alleged to have failed to attend or of the person in charge of the place at which it is alleged the accused failed to attend for the purposes of the Identification of Criminals Act is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate if the certificate states that, (a) in the case of proceedings under subsection (2), the accused failed to attend court as required by the release order or, having attended court, failed to subsequently attend court as required by the court, judge or justice or failed to surrender in accordance with an order of the court, judge or justice, as the case may be; (b) in the case of proceedings under subsection (3), the accused was named in an appearance notice that was confirmed by a justice under section 508 and the accused failed to attend court in accordance with the notice or failed to appear at the time and place stated in the notice for the purposes of the Identification of Criminals Act , as the case may be; (c) in the case of proceedings under subsection (3), a summons was issued to and served on the accused and the accused failed to attend court in accordance with the summons or failed to appear at the time and place stated in the summons for the purposes of the Identification of Criminals Act , as the case may be; and (d) in the case of proceedings under subsection (4), the accused was at large on an undertaking that was confirmed by a justice under section 508, and the accused failed to attend court in accordance with the undertaking or failed to appear at the time and place stated in the undertaking for the purposes of the Identification of Criminals Act , as the case may be. Attendance and right to cross-examination (10) An accused against whom a certificate described in subsection (9) is produced may, with leave of the court, require the attendance of the person making the certificate for the purposes of cross-examination. Notice of intention to produce (11) No certificate shall be received in evidence pursuant to subsection (9) unless the party intending to produce it has, before the trial, given to the accused reasonable notice of his intention together with a copy of the certificate. R.S., 1985, c. C-46, s. 145; R.S., 1985, c. 27 (1st Supp.), s. 20; 1992, c. 47, s. 68; 1994, c. 44, s. 8; 1996, c. 7, s. 38; 1997, c. 18, s. 3; 2008, c. 18, s. 3; 2018, c. 29, s. 9 2019, c. 25, s. 47 2022, c. 17, s. 4
Criminal Code — C-46 146
Permitting or assisting escape 146 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) permits a person whom he has in lawful custody to escape, by failing to perform a legal duty, (b) conveys or causes to be conveyed into a prison anything, with intent to facilitate the escape of a person imprisoned therein, or (c) directs or procures, under colour of pretended authority, the discharge of a prisoner who is not entitled to be discharged. R.S., 1985, c. C-46, s. 146 2019, c. 25, s. 48
Criminal Code — C-46 147
Rescue or permitting escape 147 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) rescues any person from lawful custody or assists any person in escaping or attempting to escape from lawful custody, (b) being a peace officer, wilfully permits a person in his lawful custody to escape, or (c) being an officer of or an employee in a prison, wilfully permits a person to escape from lawful custody therein. R.S., 1985, c. C-46, s. 147 2019, c. 25, s. 49
Criminal Code — C-46 148
Assisting prisoner of war to escape 148 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 knowingly (a) assists a prisoner of war in Canada to escape from a place where he is detained, or (b) assists a prisoner of war, who is permitted to be at large on parole in Canada, to escape from the place where he is at large on parole. R.S., 1985, c. C-46, s. 148 2019, c. 25, s. 50
Criminal Code — C-46 149
Service of term for escape 149 (1) Notwithstanding section 743.1, a court that convicts a person for an escape committed while undergoing imprisonment may order that the term of imprisonment be served in a penitentiary, even if the time to be served is less than two years. Definition of escape (2) In this section, escape means breaking prison, escaping from lawful custody or, without lawful excuse, being at large before the expiration of a term of imprisonment to which a person has been sentenced. R.S., 1985, c. C-46, s. 149; R.S., 1985, c. 27 (1st Supp.), s. 203; 1992, c. 20, s. 199; 1995, c. 22, s. 1
Criminal Code — C-46 150
Definitions 150 In this Part, guardian includes any person who has in law or in fact the custody or control of another person; ( tuteur ) public place includes any place to which the public have access as of right or by invitation, express or implied; ( endroit public ) theatre includes any place that is open to the public where entertainments are given, whether or not any charge is made for admission. ( théâtre ) R.S., c. C-34, s. 138
Criminal Code — C-46
guardian includes any person who has in law or in fact the custody or control of another person; ( tuteur )
Criminal Code — C-46
public place includes any place to which the public have access as of right or by invitation, express or implied; ( endroit public )
Criminal Code — C-46
theatre includes any place that is open to the public where entertainments are given, whether or not any charge is made for admission. ( théâtre )
Criminal Code — C-46 150.1
ce is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant. Mistake of age (6) An accused cannot raise a mistaken belief in the age of the complainant in order to invoke a defence under subsection (2) or (2.1) unless the accused took all reasonable steps to ascertain the age of the complainant. R.S., 1985, c. 19 (3rd Supp.), s. 1; 2005, c. 32, s. 2; 2008, c. 6, ss. 13, 54; 2014, c. 25, s. 4; 2015, c. 29, s. 6 2019, c. 25, s. 51
Criminal Code — C-46 151
Sexual interference 151 Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person 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 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 90 days. R.S., 1985, c. C-46, s. 151; R.S., 1985, c. 19 (3rd Supp.), s. 1; 2005, c. 32, s. 3; 2008, c. 6, s. 54; 2012, c. 1, s. 11; 2015, c. 23, s. 2
Criminal Code — C-46 152
Invitation to sexual touching 152 Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person 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 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 90 days. R.S., 1985, c. C-46, s. 152; R.S., 1985, c. 19 (3rd Supp.), s. 1; 2005, c. 32, s. 3; 2008, c. 6, s. 54; 2012, c. 1, s. 12; 2015, c. 23, s. 3
Criminal Code — C-46 153
Sexual exploitation 153 (1) Every person commits an offence who is in a position of trust or authority towards a young person, who is a person with whom the young person is in a relationship of dependency or who is in a relationship with a young person that is exploitative of the young person, and who (a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person; or (b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person. Punishment (1.1) 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 90 days. Inference of sexual exploitation (1.2) A judge may infer that a person is in a relationship with a young person that is exploitative of the young person from the nature and circumstances of the relationship, including (a) the age of the young person; (b) the age difference between the person and the young person; (c) the evolution of the relationship; and (d) the degree of control or influence by the person over the young person. Definition of young person (2) In this section, young person means a person 16 years of age or more but under the age of eighteen years. R.S., 1985, c. C-46, s. 153; R.S., 1985, c. 19 (3rd Supp.), s. 1; 2005, c. 32, s. 4; 2008, c. 6, s. 54; 2012, c. 1, s. 13; 2015, c. 23, s. 4
Criminal Code — C-46 154
154 [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 1]
Criminal Code — C-46 155
Incest 155 (1) Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person. Punishment (2) Everyone who commits incest is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and, if the other person is under the age of 16 years, to a minimum punishment of imprisonment for a term of five years. Defence (3) No accused shall be determined by a court to be guilty of an offence under this section if the accused was under restraint, duress or fear of the person with whom the accused had the sexual intercourse at the time the sexual intercourse occurred. Definition of brother and sister (4) In this section, brother and sister , respectively, include half-brother and half-sister. R.S., 1985, c. C-46, s. 155; R.S., 1985, c. 27 (1st Supp.), s. 21; 2012, c. 1, s. 14
Criminal Code — C-46 156
Historical offences 156 No person shall be convicted of any sexual offence under this Act as it read from time to time before January 4, 1983 unless the conduct alleged would be an offence under this Act if it occurred on the day on which the charge was laid. R.S., 1985, c. C-46, s. 156; R.S., 1985, c. 19 (3rd Supp.), s. 2 2019, c. 25, s. 53
Criminal Code — C-46 157 and 158
157 and 158 [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 2]