FBI CANADA LAW ENFORCEMENT

THE FEDERAL LAW ENFORCEMENT & NATIONAL SECURITY INTELLIGENCE AGENCY OF THE ISRAELITE GOVERNMENT SOVEREIGNTY JUSTICE ADMINISTRATION OVER THE FIREARM LICENSING COMMISSION OF CANADA

 

FBI CANADA: THE FEDERAL BUREAU OF INVESTIGATIONS & LAW ENFORCEMENT AGENCY RESERVES THE RIGHT & FULL AUTHORITY TO EXECUTE; FEDERAL / PROVINCIAL / CIVIL LAW ENFORCEMENT PROCEDURES, FEDERAL SEARCH / ARREST WARRANTS, SEIZE EVIDENCE & PROCEEDS OF CRIME & DETAIN SUSPECTED / ACCUSED CRIMINAL CODE OFFENDERS ON THE SCENE OF THE CRIME FOR UP TO 12 HOURS IN ANY CASE WHERE THE ADMINISTRATION OF JUSTICE IS NECESSARY TO BE EXECUTED TO PRESERVE LIFE, TO PREVENT THE FURTHER COMMISSION OF CRIMINAL ACTIVITY / UNLAWFUL CONDUCT, TO PREVENT THE VICTIMIZATION /  HUMAN TRAFFICKING OF CHILDREN OR WOMEN & SECURE EVIDENCE / PROCEEDS OF CRIME WHILE CONDUCTING INVESTIGATIONS & LAW ENFORCEMENT PROCEDURES TO PROTECT OUR COMMUNITIES NATIONWIDE FROM THE THREATS &  DANGERS IMPOSED FROM THE COMMISSION OF CRIMINAL OFFENSES, HUMAN RIGHTS VIOLATIONS & CORPORATE BY-LAW OFFENSES WHICH ARE ALL STRICTLY ENFORCED &  ADMINISTERED BY WAY OF SERVING THE OFFENDER WITH ARREST & SEARCH  WARRANTS / OFFENSE NOTICES & CIVIL LITIGATION COURT DATE SUMMONS' WHICH ALSO REQUIRES THE OFFENDER TO BE DETAINED UNTIL THE CHARGE /  OFFENSE NOTICE / COURT DATE SUMMONS IS ISSUED TO THE OFFENDER & TO ENSURE THE OFFENDER IS NOT POSING ANY IMMEDIATE THREAT OF CONTINUING TO COMMIT FURTHER OFFENSE AT THAT TIME.
NOTICE: THE FBI: FEDERAL BUREAU OF INVESTIGATIVE LAW ENFORCEMENT AGENCY FOR THE SUPERIOR COURT OF THE NATIONAL HUMAN RIGHTS JUSTICE ADMINISTRATION IS A FEDERALIZED DIVISION OF THE NATIONAL INDIGENOUS ISRAELITE GOVERNMENT SOVEREIGNTY & THE MOST HIGH SUPREME ISRAELITE COURT OF JUSTICE ADMINISTRATION  CANADA; WHICH IS RUN BY THE COMMANDER IN CHIEF OF OUR CENTRAL GOVERNMENT: HIS  IMPERIAL MAJESTY; PRESIDENT / CHIEF JUSTICE KING-DAVID YAHQUB-YSRYAHEL  (EMPEROR YAHUDAH), WHO IS THE SOVEREIGN LEADER OF THE ISRAELITE NATION, THE CHIEF JUSTICE OF THE MOST HIGH SUPREME / SUPERIOR COURTS OF JUSTICE ADMINISTRATION AND THE COMMANDER IN CHIEF OF THE FBI LAW ENFORCEMENT AGENCY THAT OVERSEES ALL ISRAELITE NATIONAL SECURITY & INTELLIGENCE WHILE MAINTAINING LAW AND ORDER OVER ALL INSTITUTIONS & POPULATIONS GOVERNED BY THE NATIONAL INDIGENOUS ISRAELITE UNITARY GOVERNMENT SOVEREIGNTY.

THE APPOINTING OF FBI CANADA CHIEF SHERIFF

HIS IMPERIAL MAJESTY; PRESIDENT CHIEF JUSTICE KING-DAVID APPOINTED CHIEF SHERIFF MILLER TO EXECUTE COMMAND OVER THE CHIEF SHERIFF'S DEPARTMENT OF THE FBI FEDERAL LAW ENFORCEMENT / NATIONAL SECURITY AGENCY OF THE ISRAELITE GOVERNMENT SOVEREIGNTY JUSTICE ADMINISTRATION.
NOTICE: THE CHIEF SHERIFF HAS THE LAWFUL POWER TO EXECUTE FULL AUTHORITY TO ENFORCE THE LAW WITHIN ALL TERRITORIES OF CANADA IN ACCORDANCE WITH THE STATUTES OF INTERNATIONAL LAW & IS ALSO PROTECTED BY CRIMINAL CODE SECTION: PROTECTION OF PERSONS ADMINISTERING & ENFORCING THE LAW.
THE HEAD OF OUR NATIONAL ISRAELITE UNITARY GOVERNMENT (PRESIDENT KING-DAVID) IS GUIDED BY THE HEAVENLY ANGELS OF THE HEAVENLY ETERNAL MESSIYAH YAHSHYAH, WHOM ARE ALL LED BY THE MOST HIGH ALMIGHTY HEAVENLY FATHER GOD OF ALL CREATION; THE ETERNAL FOREVERGLORIOUS HEAVENLY CREATOR; YAHAYAH. HALLELLUYAH!!!
https://thehumanrightsjusticeadministration.com/the-superior-court-of-justice-act/
https://laws-lois.justice.gc.ca/eng/acts/c-46/

FBI CANADA: CRIMINAL CODE LAWS ENFORCED

PROTECTION OF PERSONS ADMINISTERING & ENFORCING THE LAW - IN ACCORDANCE WITH THE CRIMINAL CODE

Protection of Persons Administering and Enforcing the Law

Protection of persons acting under authority

  • 25 (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law
    • (a) as a private person,
    • (b) as a peace officer or public officer,
    • (c) in aid of a peace officer or public officer, or
    • (d) by virtue of his office,
    • is, if he acts on reasonable  grounds, justified in doing what he is required or authorized to do and  in using as much force as is necessary for that purpose.
  • Idem
    (2) Where  a person is required or authorized by law to execute a process or to  carry out a sentence, that person or any person who assists him is, if  that person acts in good faith, justified in executing the process or in  carrying out the sentence notwithstanding that the process or sentence  is defective or that it was issued or imposed without jurisdiction or in  excess of jurisdiction.
  • When not protected
    (3) Subject  to subsections (4) and (5), a person is not justified for the purposes  of subsection (1) in using force that is intended or is likely to cause  death or grievous bodily harm unless the person believes on reasonable  grounds that it is necessary for the self-preservation of the person or  the preservation of any one under that person’s protection from death or  grievous bodily harm.
  • When protected
    (4) A  peace officer, and every person lawfully assisting the peace officer,  is justified in using force that is intended or is likely to cause death  or grievous bodily harm to a person to be arrested, if 

    • (a) the peace officer is proceeding lawfully to arrest, with or without warrant, the person to be arrested;
    • (b) the offence for which the person is to be arrested is one for which that person may be arrested without warrant;
    • (c) the person to be arrested takes flight to avoid arrest;
    • (d) the  peace officer or other person using the force believes on reasonable  grounds that the force is necessary for the purpose of protecting the  peace officer, the person lawfully assisting the peace officer or any  other person from imminent or future death or grievous bodily harm; and
    • (e) the flight cannot be prevented by reasonable means in a less violent manner.
  • Power in case of escape from penitentiary
    (5) A  peace officer is justified in using force that is intended or is likely  to cause death or grievous bodily harm against an inmate who is  escaping from a penitentiary within the meaning of subsection 2(1) of  the Corrections and Conditional Release Act, if 

    • (a) the  peace officer believes on reasonable grounds that any of the inmates of  the penitentiary poses a threat of death or grievous bodily harm to the  peace officer or any other person; and
    • (b) the escape cannot be prevented by reasonable means in a less violent manner.

Definitions

  • 25.1 (1) The following definitions apply in this section and sections 25.2 to 25.4.
    competent authority means, with respect to a public officer or a senior official, 

    • (a) in  the case of a member of the Royal Canadian Mounted Police, the Minister  of Public Safety and Emergency Preparedness, personally;
    • (b) in  the case of a member of a police service constituted under the laws of a  province, the Minister responsible for policing in the province,  personally; and
    • (c) in  the case of any other public officer or senior official, the Minister  who has responsibility for the Act of Parliament that the officer or  official has the power to enforce, personally. (autorité compétente)
    • public officer means a peace officer, or a public officer who has the powers of a peace officer under an Act of Parliament. (fonctionnaire public)
      senior official means a senior official who is responsible for law enforcement and who is designated under subsection (5). (fonctionnaire supérieur)
  • Principle
    (2) It  is in the public interest to ensure that public officers may  effectively carry out their law enforcement duties in accordance with  the rule of law and, to that end, to expressly recognize in law a  justification for public officers and other persons acting at their  direction to commit acts or omissions that would otherwise constitute  offences.
  • Designation of public officers
    (3) A competent authority may designate public officers for the purposes of this section and sections 25.2 to 25.4.
  • Condition — civilian oversight
    (3.1) A  competent authority referred to in paragraph (a) or (b) of the  definition of that term in subsection (1) may not designate any public  officer under subsection (3) unless there is a public authority composed  of persons who are not peace officers that may review the public  officer’s conduct.
  • Declaration as evidence
    (3.2) The  Governor in Council or the lieutenant governor in council of a  province, as the case may be, may designate a person or body as a public  authority for the purposes of subsection (3.1), and that designation is  conclusive evidence that the person or body is a public authority  described in that subsection.
  • Considerations
    (4) The  competent authority shall make designations under subsection (3) on the  advice of a senior official and shall consider the nature of the duties  performed by the public officer in relation to law enforcement  generally, rather than in relation to any particular investigation or  enforcement activity.
  • Designation of senior officials
    (5) A competent authority may designate senior officials for the purposes of this section and sections 25.2 to 25.4.
  • Emergency designation
    (6) A  senior official may designate a public officer for the purposes of this  section and sections 25.2 to 25.4 for a period of not more than 48  hours if the senior official is of the opinion that 

    • (a) by  reason of exigent circumstances, it is not feasible for the competent  authority to designate a public officer under subsection (3); and
    • (b) in  the circumstances of the case, the public officer would be justified in  committing an act or omission that would otherwise constitute an  offence.
    • The senior official shall without delay notify the competent authority of the designation.
  • Conditions
    (7) A designation under subsection (3) or (6) may be made subject to conditions, including conditions limiting 

    • (a) the duration of the designation;
    • (b) the  nature of the conduct in the investigation of which a public officer  may be justified in committing, or directing another person to commit,  acts or omissions that would otherwise constitute an offence; and
    • (c) the  acts or omissions that would otherwise constitute an offence and that a  public officer may be justified in committing or directing another  person to commit.
  • Justification for acts or omissions
    (8) A  public officer is justified in committing an act or omission — or in  directing the commission of an act or omission under subsection (10) —  that would otherwise constitute an offence if the public officer 

    • (a) is  engaged in the investigation of an offence under, or the enforcement  of, an Act of Parliament or in the investigation of criminal activity;
    • (b) is designated under subsection (3) or (6); and
    • (c) believes  on reasonable grounds that the commission of the act or omission, as  compared to the nature of the offence or criminal activity being  investigated, is reasonable and proportional in the circumstances,  having regard to such matters as the nature of the act or omission, the  nature of the investigation and the reasonable availability of other  means for carrying out the public officer’s law enforcement duties.
  • Requirements for certain acts
    (9) No  public officer is justified in committing an act or omission that would  otherwise constitute an offence and that would be likely to result in  loss of or serious damage to property, or in directing the commission of  an act or omission under subsection (10), unless, in addition to  meeting the conditions set out in paragraphs (8)(a) to (c), he or she 

    • (a) is  personally authorized in writing to commit the act or omission — or  direct its commission — by a senior official who believes on reasonable  grounds that committing the act or omission, as compared to the nature  of the offence or criminal activity being investigated, is reasonable  and proportional in the circumstances, having regard to such matters as  the nature of the act or omission, the nature of the investigation and  the reasonable availability of other means for carrying out the public  officer’s law enforcement duties; or
    • (b) believes  on reasonable grounds that the grounds for obtaining an authorization  under paragraph (a) exist but it is not feasible in the circumstances to  obtain the authorization and that the act or omission is necessary to
      • (i) preserve the life or safety of any person,
      • (ii) prevent  the compromise of the identity of a public officer acting in an  undercover capacity, of a confidential informant or of a person acting  covertly under the direction and control of a public officer, or
      • (iii) prevent the imminent loss or destruction of evidence of an indictable offence.
  • Person acting at direction of public officer
    (10) A person who commits an act or omission that would otherwise constitute an offence is justified in committing it if 

    • (a) a  public officer directs him or her to commit that act or omission and  the person believes on reasonable grounds that the public officer has  the authority to give that direction; and
    • (b) he  or she believes on reasonable grounds that the commission of that act  or omission is for the purpose of assisting the public officer in the  public officer’s law enforcement duties.
  • Limitation
    (11) Nothing in this section justifies 

    • (a) the intentional or criminally negligent causing of death or bodily harm to another person;
    • (b) the wilful attempt in any manner to obstruct, pervert or defeat the course of justice; or
    • (c) conduct that would violate the sexual integrity of an individual.
  • Protection, defences and immunities unaffected
    (12) Nothing  in this section affects the protection, defences and immunities of  peace officers and other persons recognized under the law of Canada.
  • Compliance with requirements
    (13) Nothing  in this section relieves a public officer of criminal liability for  failing to comply with any other requirements that govern the collection  of evidence.
  • Exception — Controlled Drugs and Substances Act and Cannabis Act
    (14) Nothing  in this section justifies a public officer or a person acting at his or  her direction in committing an act or omission — or a public officer in  directing the commission of an act or omission — that constitutes an  offence under a provision of Part I of the Controlled Drugs and Substances Act or of the regulations made under it or a provision of Division 1 of Part 1 of the Cannabis Act.

        

Arrest without Warrant and Release from Custody

Arrest without warrant by any person

  • 494 (1) Any one may arrest without warrant
    • (a) a person whom he finds committing an indictable offence; or
    • (b) a person who, on reasonable grounds, he believes
      • (i) has committed a criminal offence, and
      • (ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person.
  • Arrest by owner, etc., of property
    (2) The  owner or a person in lawful possession of property, or a person  authorized by the owner or by a person in lawful possession of property,  may arrest a person without a warrant if they find them committing a  criminal offence on or in relation to that property and 

    • (a) they make the arrest at that time; or
    • (b) they  make the arrest within a reasonable time after the offence is committed  and they believe on reasonable grounds that it is not feasible in the  circumstances for a peace officer to make the arrest.
  • Delivery to peace officer
    (3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.
  • Marginal note: For greater certainty
    (4) For  greater certainty, a person who is authorized to make an arrest under  this section is a person who is authorized by law to do so for the  purposes of section 25.

arrest without warrant by peace officer

  • 495 (1) A peace officer may arrest without warrant
    • (a) a  person who has committed an indictable offence or who, on reasonable  grounds, he believes has committed or is about to commit an indictable  offence;
    • (b) a person whom he finds committing a criminal offence; or
    • (c) a  person in respect of whom he has reasonable grounds to believe that a  warrant of arrest or committal, in any form set out in Part XXVIII in  relation thereto, is in force within the territorial jurisdiction in  which the person is found.
  • Limitation
    (2) A peace officer shall not arrest a person without warrant for 

    • (a) an indictable offence mentioned in section 553,
    • (b) an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction, or
    • (c) an offence punishable on summary conviction,
    • in any case where
    • (d) he believes on reasonable grounds that the public interest, having regard to all the circumstances including the need to
      • (i) establish the identity of the person,
      • (ii) secure or preserve evidence of or relating to the offence, or
      • (iii) prevent the continuation or repetition of the offence or the commission of another offence,
      • may be satisfied without so arresting the person, and
    • (e) he  has no reasonable grounds to believe that, if he does not so arrest the  person, the person will fail to attend court in order to be dealt with  according to law.
  • Consequences of arrest without warrant
    (3) Notwithstanding  subsection (2), a peace officer acting under subsection (1) is deemed  to be acting lawfully and in the execution of his duty for the purposes  of 

    • (a) any proceedings under this or any other Act of Parliament; and
    • (b) any  other proceedings, unless in any such proceedings it is alleged and  established by the person making the allegation that the peace officer  did not comply with the requirements of subsection (2).

Issue of appearance notice by peace officer

496 Where,  by virtue of subsection 495(2), a peace officer does not arrest a  person, he may issue an appearance notice to the person if the offence  is

  • (a) an indictable offence mentioned in section 553;
  • (b) an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction; or
  • (c) an offence punishable on summary conviction.

Release from custody by peace officer

  • 497 (1) Subject  to subsection (1.1), if a peace officer arrests a person without  warrant for an offence described in paragraph 496(a), (b) or (c), the  peace officer shall, as soon as practicable,
    • (a) release the person from custody with the intention of compelling their appearance by way of summons; or
    • (b) issue an appearance notice to the person and then release them.
  • Exception
    (1.1) A peace officer shall not release a person under subsection (1) if the peace officer believes, on reasonable grounds, 

    • (a) that  it is necessary in the public interest that the person be detained in  custody or that the matter of their release from custody be dealt with  under another provision of this Part, having regard to all the  circumstances including the need to
      • (i) establish the identity of the person,
      • (ii) secure or preserve evidence of or relating to the offence,
      • (iii) prevent the continuation or repetition of the offence or the commission of another offence, or
      • (iv) ensure the safety and security of any victim of or witness to the offence; or
    • (b) that if the person is released from custody, the person will fail to attend court in order to be dealt with according to law.
  • Where subsection (1) does not apply
    (2) Subsection  (1) does not apply in respect of a person who has been arrested without  warrant by a peace officer for an offence described in subsection  503(3).
  • Consequences of non-release
    (3) A  peace officer who has arrested a person without warrant for an offence  described in subsection (1) and who does not release the person from  custody as soon as practicable in the manner described in that  subsection shall be deemed to be acting lawfully and in the execution of  the peace officer’s duty for the purposes of 

    • (a) any proceedings under this or any other Act of Parliament; and
    • (b) any  other proceedings, unless in any such proceedings it is alleged and  established by the person making the allegation that the peace officer  did not comply with the requirements of subsection (1).

        

Kidnapping, Trafficking in Persons, Hostage Taking and Abduction

Kidnapping

  • 279 (1) Every person commits an offence who kidnaps a person with intent
    • (a) to cause the person to be confined or imprisoned against the person’s will;
    • (b) to cause the person to be unlawfully sent or transported out of Canada against the person’s will; or
    • (c) to hold the person for ransom or to service against the person’s will.
  • Punishment
    (1.1) 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 any firearm is used in the commission of the offence  and the offence is committed for the benefit of, at the direction of, or  in association with, a criminal organization, to imprisonment for life  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;
    • (a.1) in  any other case where a firearm is used in the commission of the  offence, to imprisonment for life and to a minimum punishment of  imprisonment for a term of four years;
    • (a.2) if  the person referred to in paragraph (1)(a), (b) or (c) is under 16  years of age, to imprisonment for life and, unless the person who  commits the offence is a parent, guardian or person having the lawful  care or charge of the person referred to in that paragraph, to a minimum  punishment of imprisonment for a term of five years; and
    • (b) in any other case, to imprisonment for life.
  • Subsequent offences
    (1.2) In  determining, for the purpose of paragraph (1.1)(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 subsection (1);
    • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or
    • (c) an offence under section 220, 236, 239, 272, 273, 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.
  • Factors to consider
    (1.21) In imposing a sentence under paragraph (1.1)(a.2), the court shall take into account the age and vulnerability of the victim.
  • Sequence of convictions only
    (1.3) For  the purposes of subsection (1.2), 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.
  • Forcible confinement
    (2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another 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.

        

Defence of Person

Defence — use or threat of force

  • 34 (1) A person is not guilty of an offence if
    • (a) they  believe on reasonable grounds that force is being used against them or  another person or that a threat of force is being made against them or  another person;
    • (b) the  act that constitutes the offence is committed for the purpose of  defending or protecting themselves or the other person from that use or  threat of force; and
    • (c) the act committed is reasonable in the circumstances.
  • Factors
    (2) In  determining whether the act committed is reasonable in the  circumstances, the court shall consider the relevant circumstances of  the person, the other parties and the act, including, but not limited  to, the following factors: 

    • (a) the nature of the force or threat;
    • (b) the  extent to which the use of force was imminent and whether there were  other means available to respond to the potential use of force;
    • (c) the person’s role in the incident;
    • (d) whether any party to the incident used or threatened to use a weapon;
    • (e) the size, age, gender and physical capabilities of the parties to the incident;
    • (f) the  nature, duration and history of any relationship between the parties to  the incident, including any prior use or threat of force and the nature  of that force or threat;
    • (f.1) any history of interaction or communication between the parties to the incident;
    • (g) the nature and proportionality of the person’s response to the use or threat of force; and
    • (h) whether the act committed was in response to a use or threat of force that the person knew was lawful.
  • No defence
    (3) Subsection (1) does not apply if the force is used or threatened by  another person for the purpose of doing something that they are required  or authorized by law to do in the administration or enforcement of the  law, unless the person who commits the act that constitutes the offence  believes on reasonable grounds that the other person is acting  unlawfully.

Defence of Property

Defence — property

  • 35 (1) A person is not guilty of an offence if
    • (a) they  either believe on reasonable grounds that they are in peaceable  possession of property or are acting under the authority of, or lawfully  assisting, a person whom they believe on reasonable grounds is in  peaceable possession of property;
    • (b) they believe on reasonable grounds that another person
      • (i) is about to enter, is entering or has entered the property without being entitled by law to do so,
      • (ii) is about to take the property, is doing so or has just done so, or
      • (iii) is about to damage or destroy the property, or make it inoperative, or is doing so;
    • (c) the act that constitutes the offence is committed for the purpose of
      • (i) preventing the other person from entering the property, or removing that person from the property, or
      • (ii) preventing  the other person from taking, damaging or destroying the property or  from making it inoperative, or retaking the property from that person;  and
    • (d) the act committed is reasonable in the circumstances.
  • No defence
    (2) Subsection  (1) does not apply if the person who believes on reasonable grounds  that they are, or who is believed on reasonable grounds to be, in  peaceable possession of the property does not have a claim of right to  it and the other person is entitled to its possession by law.
  • No defence
    (3) Subsection  (1) does not apply if the other person is doing something that they are  required or authorized by law to do in the administration or  enforcement of the law, unless the person who commits the act that  constitutes the offence believes on reasonable grounds that the other  person is acting unlawfully.

                       

Commodification of Sexual Activity

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).

        

PART XII.2

Proceeds of Crime

Interpretation

Definitions

  • 462.3 (1) In this Part,
    designated drug offence[Repealed, 1996, c. 19, s. 68]
    designated offence means 

    • (a) any  offence that may be prosecuted as an indictable offence under this or  any other Act of Parliament, other than an indictable offence prescribed  by regulation, or
    • (b) a  conspiracy or an attempt to commit, being an accessory after the fact  in relation to, or any counselling in relation to, an offence referred  to in paragraph (a); (infraction désignée)
    • designated substance offence[Repealed, 2001, c. 32, s. 12]
      enterprise crime offence[Repealed, 2001, c. 32, s. 12]
      judge means a judge as defined in section 552 or a judge of a superior court of criminal jurisdiction;
      proceeds of crime means any property, benefit or advantage, within or outside Canada, obtained or derived directly or indirectly as a result of
    • (a) the commission in Canada of a designated offence, or
    • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.
  • Regulations
    (2) The Governor in Council may make regulations prescribing indictable offences that are excluded from the definition designated offence in subsection (1).

Offence

Laundering proceeds of crime

  • 462.31 (1) Every  one commits an offence who uses, transfers the possession of, sends or  delivers to any person or place, transports, transmits, alters, disposes  of or otherwise deals with, in any manner and by any means, any  property or any proceeds of any property with intent to conceal or  convert that property or those proceeds, knowing or believing that, or  being reckless as to whether, all or a part of that property or of those  proceeds was obtained or derived directly or indirectly as a result of
    • (a) the commission in Canada of a designated offence; or
    • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.
  • Punishment
    (2) Every one who commits an offence under subsection (1) 

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
    • (b) is guilty of an offence punishable on summary conviction.
  • Exception
    (3) A peace officer or a person acting under the direction of a peace  officer is not guilty of an offence under subsection (1) if the peace  officer or person does any of the things mentioned in that subsection  for the purposes of an investigation or otherwise in the execution of  the peace officer’s duties.

Search, Seizure and Detention of Proceeds of Crime

Special search warrant

  • 462.32 (1) Subject  to subsection (3), if a judge, on application of the Attorney General,  is satisfied by information on oath in Form 1 that there are reasonable  grounds to believe that there is in any building, receptacle or place,  within the province in which the judge has jurisdiction or any other  province, any property in respect of which an order of forfeiture may be  made under subsection 462.37(1) or (2.01) or 462.38(2), in respect of a  designated offence alleged to have been committed within the province  in which the judge has jurisdiction, the judge may issue a warrant  authorizing a person named in the warrant or a peace officer to search  the building, receptacle or place for that property and to seize that  property and any other property in respect of which that person or peace  officer believes, on reasonable grounds, that an order of forfeiture  may be made under that subsection.
  • Procedure
    (2) An application for a warrant under subsection (1) may be made ex parte,  shall be made in writing and shall include a statement as to whether  any previous applications have been made under subsection (1) with  respect to the property that is the subject of the application.
  • Execution in Canada
    (2.1) A warrant issued under subsection (1) may be executed at any place in  Canada. Any peace officer who executes the warrant must have authority  to act as a peace officer in the place where it is executed.
  • Other provisions to apply
    (3) Subsections  487(2.1) to (3) and section 488 apply, with any modifications that the  circumstances require, to a warrant issued under this section.
  • Detention and record of property seized
    (4) Every person who executes a warrant issued by a judge under this section shall 

    • (a) detain  or cause to be detained the property seized, taking reasonable care to  ensure that the property is preserved so that it may be dealt with in  accordance with the law;
    • (b) as  soon as practicable after the execution of the warrant but within a  period not exceeding seven days thereafter, prepare a report in Form  5.3, identifying the property seized and the location where the property  is being detained, and cause the report to be filed with the clerk of  the court; and
    • (c) cause  a copy of the report to be provided, on request, to the person from  whom the property was seized and to any other person who, in the opinion  of the judge, appears to have a valid interest in the property.
  • Return of proceeds
    (4.1) Subject  to this or any other Act of Parliament, a peace officer who has seized anything under a warrant issued by a judge under this section may, with the written consent of the Attorney General, on being issued a receipt  for it, return the thing seized to the person lawfully entitled to its  possession, if 

    • (a) the peace officer is satisfied that there is no dispute as to who is lawfully entitled to possession of the thing seized;
    • (b) the  peace officer is satisfied that the continued detention of the thing  seized is not required for the purpose of forfeiture; and
    • (c) the thing seized is returned before a report is filed with the clerk of the court under paragraph (4)(b).
  • Notice
    (5) Before  issuing a warrant under this section in relation to any property, a  judge may require notice to be given to and may hear any person who, in  the opinion of the judge, appears to have a valid interest in the  property unless the judge is of the opinion that giving such notice  before the issuance of the warrant would result in the disappearance,  dissipation or reduction in value of the property or otherwise affect  the property so that all or a part thereof could not be seized pursuant  to the warrant.
  • Undertakings by Attorney General
    (6) Before  issuing a warrant under this section, a judge shall require the  Attorney General to give such undertakings as the judge considers  appropriate with respect to the payment of damages or costs, or both, in  relation to the issuance and execution of the warrant.

Fabricating evidence

 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.

Bodily Harm and Acts and Omissions Causing Danger to the Person

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 not exceeding 14 years and  to a minimum punishment of imprisonment for a term of four 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.

 

Powers to Enter Dwelling-houses to Carry out Arrests

Including authorization to enter in warrant of arrest

  • 529 (1) A  warrant to arrest or apprehend a person issued by a judge or justice  under this or any other Act of Parliament may authorize a peace officer,  subject to subsection (2), to enter a dwelling-house described in the  warrant for the purpose of arresting or apprehending the person if the  judge or justice is satisfied by information on oath in writing that  there are reasonable grounds to believe that the person is or will be  present in the dwelling-house.
  • Execution  (2) An authorization to enter a dwelling-house granted under subsection (1)  is subject to the condition that the peace officer may not enter the  dwelling-house unless the peace officer has, immediately before entering  the dwelling-house, reasonable grounds to believe that the person to be  arrested or apprehended is present in the dwelling-house.

Warrant to enter dwelling-house529.1 A  judge or justice may issue a warrant in Form 7.1 authorizing a peace  officer to enter a dwelling-house described in the warrant for the  purpose of arresting or apprehending a person identified or identifiable  by the warrant if the judge or justice is satisfied by information on  oath that there are reasonable grounds to believe that the person is or  will be present in the dwelling-house and that

  • (a) a warrant referred to in this or any other Act of Parliament to arrest or apprehend the person is in force anywhere in Canada;
  • (b) grounds exist to arrest the person without warrant under paragraph 495(1)(a) or (b) or section 672.91; or
  • (c) grounds exist to arrest or apprehend without warrant the person under an Act of Parliament, other than this Act.

Reasonable terms and conditions529.2 Subject to section 529.4, the judge or justice shall include in a  warrant referred to in section 529 or 529.1 any terms and conditions  that the judge or justice considers advisable to ensure that the entry into the dwelling-house is reasonable in the circumstances.Marginal note: Authority to enter dwelling without warrant

  • 529.3 (1) Without  limiting or restricting any power a peace officer may have to enter a  dwelling-house under this or any other Act or law, the peace officer may  enter the dwelling-house for the purpose of arresting or apprehending a  person, without a warrant referred to in section 529 or 529.1  authorizing the entry, if the peace officer has reasonable grounds to  believe that the person is present in the dwelling-house, and the  conditions for obtaining a warrant under section 529.1 exist but by  reason of exigent circumstances it would be impracticable to obtain a  warrant.
  • Exigent circumstances (2) For the purposes of subsection (1), exigent circumstances include circumstances in which the peace officer
    • (a) has  reasonable grounds to suspect that entry into the dwelling-house is  necessary to prevent imminent bodily harm or death to any person; or
    • (b) has  reasonable grounds to believe that evidence relating to the commission  of an indictable offence is present in the dwelling-house and that entry  into the dwelling-house is necessary to prevent the imminent loss or  imminent destruction of the evidence.

    Omitting announcement before entry

  • 529.4 (1) A  judge or justice who authorizes a peace officer to enter a  dwelling-house under section 529 or 529.1, or any other judge or  justice, may authorize the peace officer to enter the dwelling-house  without prior announcement if the judge or justice is satisfied by  information on oath that there are reasonable grounds to believe that  prior announcement of the entry would
    • (a) expose the peace officer or any other person to imminent bodily harm or death; or
    • (b) result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence.
  • Execution of authorization  (2) An  authorization under this section is subject to the condition that the  peace officer may not enter the dwelling-house without prior  announcement despite being authorized to do so unless the peace officer  has, immediately before entering the dwelling-house,
    • (a) reasonable  grounds to suspect that prior announcement of the entry would expose  the peace officer or any other person to imminent bodily harm or death;  or
    • (b) reasonable  grounds to believe that prior announcement of the entry would result in  the imminent loss or imminent destruction of evidence relating to the  commission of an indictable offence.
  • Exception  (3) A  peace officer who enters a dwelling-house without a warrant under  section 529.3 may not enter the dwelling-house without prior  announcement unless the peace officer has, immediately before entering  the dwelling-house,
    • (a) reasonable  grounds to suspect that prior announcement of the entry would expose  the peace officer or any other person to imminent bodily harm or death;  or
    • (b) reasonable  grounds to believe that prior announcement of the entry would result in  the imminent loss or imminent destruction of evidence relating to the  commission of an indictable offence.

THE SUPERIOR COURT OF JUSTICE ACT OF THE NHRJA

OUR SUPERIOR COURT CIVIL  LITIGATION PROCEEDINGS FOLLOW THE IDENTICAL COURT PROCEDURES,  REGULATIONS & FORMS AS THE ONTARIO COURTS OF JUSTICE ACT.

Other Provisions Respecting Search Warrants, Preservation Orders and Production Orders

Telewarrants

  • 487.1 (1) If  a peace officer believes that an indictable offence has been committed  and that it would be impracticable to appear personally before a justice  to make an application for a warrant in accordance with section 487,  the peace officer may submit an information on oath by telephone or  other means of telecommunication to a justice designated for the purpose  by the chief judge of the provincial court having jurisdiction in the  matter.
  • Information submitted by telephone
    (2) An  information submitted by telephone or other means of telecommunication,  other than a means of telecommunication that produces a writing, shall  be on oath and shall be recorded verbatim by the justice, who shall, as  soon as practicable, cause to be filed, with the clerk of the court for  the territorial division in which the warrant is intended for execution,  the record or a transcription of it, certified by the justice as to  time, date and contents.
  • Information submitted by other means of telecommunication
    (2.1) The  justice who receives an information submitted by a means of  telecommunication that produces a writing shall, as soon as practicable,  cause to be filed, with the clerk of the court for the territorial  division in which the warrant is intended for execution, the information  certified by the justice as to time and date of receipt.
  • Administration of oath
    (3) For the purposes of subsection (2), an oath may be administered by telephone or other means of telecommunication.
  • Alternative to oath
    (3.1) A  peace officer who uses a means of telecommunication referred to in  subsection (2.1) may, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true  to his or her knowledge and belief and such a statement is deemed to be a  statement made under oath.
  • Contents of information
    (4) An information submitted by telephone or other means of telecommunication shall include 

    • (a) a statement of the circumstances that make it impracticable for the peace officer to appear personally before a justice;
    • (b) a  statement of the indictable offence alleged, the place or premises to  be searched and the items alleged to be liable to seizure;
    • (c) a  statement of the peace officer’s grounds for believing that items  liable to seizure in respect of the offence alleged will be found in the  place or premises to be searched; and
    • (d) a  statement as to any prior application for a warrant under this section  or any other search warrant, in respect of the same matter, of which the  peace officer has knowledge.
  • Issuing warrant
    (5) A  justice referred to in subsection (1) may issue a warrant to a peace officer conferring the same authority respecting search and seizure as  may be conferred by a warrant issued under subsection 487(1) if the  justice is satisfied that an information submitted by telephone or other  means of telecommunication 

    • (a) is in respect of an indictable offence and conforms to the requirements of subsection (4);
    • (b) discloses reasonable grounds for dispensing with an information presented personally and in writing; and
    • (c) discloses  reasonable grounds in accordance with paragraph 487(1)(a), (b) or (c),  as the case may be, for the issuance of a warrant in respect of an  indictable offence.
    • The justice may require that the warrant be executed within the period that he or she may order.
  • Formalities respecting warrant and facsimiles
    (6) Where  a justice issues a warrant by telephone or other means of  telecommunication, other than a means of telecommunication that produces  a writing, 

    • (a) the justice shall complete and sign the warrant in Form 5.1, noting on its face the time, date and place of issuance;
    • (b) the  peace officer, on the direction of the justice, shall complete, in  duplicate, a facsimile of the warrant in Form 5.1, noting on its face  the name of the issuing justice and the time, date and place of  issuance; and
    • (c) the  justice shall, as soon as practicable after the warrant has been  issued, cause the warrant to be filed with the clerk of the court for  the territorial division in which the warrant is intended for execution.
  • Issuance of warrant where telecommunication produces writing
    (6.1) Where a justice issues a warrant by a means of telecommunication that produces a writing, 

    • (a) the justice shall complete and sign the warrant in Form 5.1, noting on its face the time, date and place of issuance;
    • (b) the  justice shall transmit the warrant by the means of telecommunication to  the peace officer who submitted the information and the copy of the  warrant received by the peace officer is deemed to be a facsimile within  the meaning of paragraph (6)(b);
    • (c) the peace officer shall procure another facsimile of the warrant; and
    • (d) the  justice shall, as soon as practicable after the warrant has been  issued, cause the warrant to be filed with the clerk of the court for  the territorial division in which the warrant is intended for execution.
  • Providing facsimile
    (7) A  peace officer who executes a warrant issued by telephone or other means  of telecommunication shall, before or as soon as practicable after  entering the place or premises to be searched, give a facsimile of the  warrant to any person who is present and ostensibly in control of the  place or premises.
  • Affixing facsimile
    (8) A  peace officer who, in any unoccupied place or premises, executes a  warrant issued by telephone or other means of telecommunication shall,  on entering or as soon as practicable after entering the place or  premises, cause a facsimile of the warrant to be suitably affixed in a  prominent place within the place or premises.
  • Report of peace officer
    (9) A  peace officer to whom a warrant is issued by telephone or other means  of telecommunication shall file a written report with the clerk of the  court for the territorial division in which the warrant was intended for  execution as soon as practicable but within a period not exceeding  seven days after the warrant has been executed, which report shall  include 

    • (a) a  statement of the time and date the warrant was executed or, if the  warrant was not executed, a statement of the reasons why it was not  executed;
    • (b) a statement of the things, if any, that were seized pursuant to the warrant and the location where they are being held; and
    • (c) a  statement of the things, if any, that were seized in addition to the  things mentioned in the warrant and the location where they are being  held, together with a statement of the peace officer’s grounds for  believing that those additional things had been obtained by, or used in,  the commission of an offence.
  • Bringing before justice
    (10) The  clerk of the court shall, as soon as practicable, cause the report,  together with the information and the warrant to which it pertains, to  be brought before a justice to be dealt with, in respect of the things  seized referred to in the report, in the same manner as if the things  were seized pursuant to a warrant issued, on an information presented  personally by a peace officer, by that justice or another justice for  the same territorial division.
  • Proof of authorization
    (11) In  any proceeding in which it is material for a court to be satisfied that  a search or seizure was authorized by a warrant issued by telephone or  other means of telecommunication, the absence of the information or  warrant, signed by the justice and carrying on its face a notation of  the time, date and place of issuance, is, in the absence of evidence to  the contrary, proof that the search or seizure was not authorized by a  warrant issued by telephone or other means of telecommunication.
  • Duplicates and facsimiles acceptable
    (12) A  duplicate or a facsimile of an information or a warrant has the same probative force as the original for the purposes of subsection (11).

Endorsement of Warrant

Endorsing warrant

  • 528 (1) Where  a warrant for the arrest or committal of an accused, in any form set  out in Part XXVIII in relation thereto, cannot be executed in accordance  with section 514 or 703, a justice within whose jurisdiction the  accused is or is believed to be shall, on application and proof on oath  or by affidavit of the signature of the justice who issued the warrant,  authorize the arrest of the accused within his jurisdiction by making an  endorsement, which may be in Form 28, on the warrant.
  • Copy of affidavit or warrant
    (1.1) A  copy of an affidavit or warrant submitted by a means of  telecommunication that produces a writing has the same probative force  as the original for the purposes of subsection (1).
  • Effect of endorsement
    (2) An endorsement that is made on a warrant pursuant to subsection (1) is sufficient authority to the peace officers to whom it was originally directed, and to all peace officers within the territorial jurisdiction  of the justice by whom it is endorsed, to execute the warrant and to  take the accused before the justice who issued the warrant or before any  other justice for the same territorial division.

PART XVI

Compelling Appearance of Accused Before a Justice and Interim Release (continued)

Arrest of Accused on Interim Release

Issue of warrant for arrest of accused

  • 524 (1) Where a justice is satisfied that there are reasonable grounds to believe that an accused
    • (a) has  contravened or is about to contravene any summons, appearance notice,  promise to appear, undertaking or recognizance that was issued or given  to him or entered into by him, or
    • (b) has  committed an indictable offence after any summons, appearance notice,  promise to appear, undertaking or recognizance was issued or given to  him or entered into by him,
    • he may issue a warrant for the arrest of the accused.
  • Arrest of accused without warrant
    (2) Notwithstanding anything in this Act, a peace officer who believes on reasonable grounds that an accused 

    • (a) has  contravened or is about to contravene any summons, appearance notice,  promise to appear, undertaking or recognizance that was issued or given  to him or entered into by him, or
    • (b) has  committed an indictable offence after any summons, appearance notice,  promise to appear, undertaking or recognizance was issued or given to  him or entered into by him,
    • may arrest the accused without warrant.
  • Hearing
    (3) Where  an accused who has been arrested with a warrant issued under subsection  (1), or who has been arrested under subsection (2), is taken before a  justice, the justice shall 

    • (a) where  the accused was released from custody pursuant to an order made under  subsection 522(3) by a judge of the superior court of criminal  jurisdiction of any province, order that the accused be taken before a  judge of that court; or
    • (b) in any other case, hear the prosecutor and his witnesses, if any, and the accused and his witnesses, if any.
  • Retention of accused
    (4) Where an accused described in paragraph (3)(a) is taken before a judge and the judge finds 

    • (a) that  the accused has contravened or had been about to contravene his  summons, appearance notice, promise to appear, undertaking or  recognizance, or
    • (b) that  there are reasonable grounds to believe that the accused has committed  an indictable offence after any summons, appearance notice, promise to  appear, undertaking or recognizance was issued or given to him or  entered into by him,
    • he shall cancel the summons,  appearance notice, promise to appear, undertaking or recognizance and  order that the accused be detained in custody unless the accused, having  been given a reasonable opportunity to do so, shows cause why his  detention in custody is not justified within the meaning of subsection  515(10).
  • Release of accused
    (5) Where  the judge does not order that the accused be detained in custody  pursuant to subsection (4), he may order that the accused be released on  his giving an undertaking or entering into a recognizance described in  any of paragraphs 515(2)(a) to (e) with such conditions described in  subsection 515(4) or, where the accused was at large on an undertaking  or a recognizance with conditions, such additional conditions, described  in subsection 515(4), as the judge considers desirable.
  • Order not reviewable
    (6) Any order made under subsection (4) or (5) is not subject to review, except as provided in section 680.
  • Release of accused
    (7) Where  the judge does not make a finding under paragraph (4)(a) or (b), he  shall order that the accused be released from custody.
  • Powers of justice after hearing
    (8) Where  an accused described in subsection (3), other than an accused to whom  paragraph (a) of that subsection applies, is taken before the justice  and the justice finds 

    • (a) that  the accused has contravened or had been about to contravene his  summons, appearance notice, promise to appear, undertaking or  recognizance, or
    • (b) that  there are reasonable grounds to believe that the accused has committed  an indictable offence after any summons, appearance notice, promise to  appear, undertaking or recognizance was issued or given to him or  entered into by him,
    • he shall cancel the summons,  appearance notice, promise to appear, undertaking or recognizance and  order that the accused be detained in custody unless the accused, having  been given a reasonable opportunity to do so, shows cause why his  detention in custody is not justified within the meaning of subsection  515(10).
  • Release of accused
    (9) Where  an accused shows cause why his detention in custody is not justified  within the meaning of subsection 515(10), the justice shall order that  the accused be released on his giving an undertaking or entering into a  recognizance described in any of paragraphs 515(2)(a) to (e) with such  conditions, described in subsection 515(4), as the justice considers  desirable.
  • Reasons
    (10) Where  the justice makes an order under subsection (9), he shall include in  the record a statement of his reasons for making the order, and  subsection 515(9) is applicable with such modifications as the  circumstances require in respect thereof.
  • Where justice to order that accused be released
    (11) Where  the justice does not make a finding under paragraph (8)(a) or (b), he  shall order that the accused be released from custody.
  • Provisions applicable to proceedings under this section
    (12) The  provisions of sections 517, 518 and 519 apply with such modifications  as the circumstances require in respect of any proceedings under this  section, except that subsection 518(2) does not apply in respect of an  accused who is charged with an offence mentioned in section 522.
  • Certain provisions applicable to order under this section
    (13) Section  520 applies in respect of any order made under subsection (8) or (9) as  though the order were an order made by a justice or a judge of the  Nunavut Court of Justice under subsection 515(2) or (5), and section 521  applies in respect of any order made under subsection (9) as though the  order were an order made by a justice or a judge of the Nunavut Court  of Justice under subsection 515(2).

PART IV

Offences Against the Administration of Law and Justice

Interpretation

Definitions

118 In this Part,

evidence or statement means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not;

government means

  • (a) the Government of Canada, (including The National Israelite Government Sovereignty of Canada & it's Justice Administration Institutions).
  • (b) the government of a province, or
  • (c) Her Majesty in right of Canada or a province;

judicial proceeding means a proceeding

  • (a) in or under the authority of a court of justice,
  • (b) before  the Senate or House of Commons or a committee of the Senate or House of  Commons, or before a legislative council, legislative assembly or house  of assembly or a committee thereof that is authorized by law to  administer an oath,
  • (c) before a court, judge, justice, provincial court judge or coroner,
  • (d) before  an arbitrator or umpire, or a person or body of persons authorized by  law to make an inquiry and take evidence therein under oath, or
  • (e) before a tribunal by which a legal right or legal liability may be established,

whether or not the proceeding is invalid for want of jurisdiction or for any other reason;

office includes

  • (a) an office or appointment under a government,
  • (b) a civil or military commission, and
  • (c) a position or an employment in a public department / justice administration;

official means a person who

  • (a) holds an office, or
  • (b) is appointed or elected to discharge a public duty;

witness means  a person who gives evidence orally under oath or by affidavit in a  judicial proceeding, whether or not he is competent to be a witness, and  includes a child of tender years who gives evidence but does not give  it under oath, because, in the opinion of the person presiding, the  child does not understand the nature of an oath.

Criminal Negligence

Criminal negligence

  • 219 (1) Every one is criminally negligent who
    • (a) in doing anything, or
    • (b) in omitting to do anything that it is his duty to do,
    • shows wanton or reckless disregard for the lives or safety of other persons.
  • Definition of duty
    (2) For the purposes of this section, duty means a duty imposed by law.

Causing death by criminal negligence

220 Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable

  • (a) where  a firearm is used in the commission of the offence, to imprisonment for  life and to a minimum punishment of imprisonment for a term of four  years; and
  • (b) in any other case, to imprisonment for life.

Causing bodily harm by criminal negligence

221 Every person who by criminal negligence causes bodily harm to another 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.

    Misconduct of officers executing process

    Every peace officer or coroner 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, being entrusted with the execution of a process, intentionally.

  • (a) misconducts himself in the execution of the process, or

  • (b) makes a false return to the process.

    Criminal harassment

    •  (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.

False information

  •  (1) Everyone commits an offence who, with intent to injure or alarm a person, conveys information that they know is false, or causes such information to be conveyed by letter or any means of telecommunication.

  • Indecent communications

    (2) Everyone commits an offence who, with intent to alarm or annoy a person, makes an indecent communication to that person or to any other person by a means of telecommunication.

  • Harassing communications

    (3) Everyone commits an offence who, without lawful excuse and with intent to harass a person, repeatedly communicates, or causes repeated communications to be made, with them by a means of telecommunication.

  • Punishment

    (4) Everyone who commits an offence under this section 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.

Obstructing justice

  •  (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.

Offences relating to public or peace officer

 Every one who

  • (a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,

  • (b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or

  • (c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,

is guilty of

  • (d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or

  • (e) an offence punishable on summary conviction.

FBI CANADA

FBI CANADA: THE FEDERAL LAW ENFORCEMENT AGENCY FOR THE NHRJA

HUMAN TRAFFICKING DEPARTMENT

 

Prostitution Criminal Law Reform: Bill C-36, the Protection of Communities and Exploited Persons Act

In force as of December 6, 2014

Questions and Answers

Frequently Asked Questions (FAQ)

Q1. Is prostitution a legal activity? A1. No. The effect of Bill C-36 is to criminalize prostitution.  Prostitution is a transaction that involves both the purchase and the  sale of sexual services. Bill C-36’s new offence that prohibits  purchasing sexual services makes the prostitution transaction illegal.

This means that purchasing sexual services is illegal and businesses  that profit from the prostitution transaction are also illegal.

Q2. Can a person purchase sexual services? A2. Purchasing sexual services and communicating in any place for  that purpose is now a criminal offence for the first time in Canadian  criminal law. A person convicted of this new offence may be sentenced to  up to 5 years imprisonment if prosecuted on indictment, and 18 months  if prosecuted by summary conviction. Mandatory minimum fines also apply,  including higher mandatory minimum fines if the offence is committed in  a public place that is or is next to parks, schools, religious  institutions or places where children can reasonably be expected to be  present. A person convicted of purchasing sexual services from a person  under the age of 18 years may be sentenced to up to 10 years  imprisonment. Mandatory minimum penalties of 6 months imprisonment for a  first offence and one year for subsequent offences also apply.

The new purchasing offence applies to transactions that take place  over the Internet, such as paying someone to provide a sexual service in  front of a webcam.

Q3. Can a person sell sexual services? A3. The new prostitution laws do not criminalize the sale of sexual  services. They also protect those who sell their own sexual services  from criminal liability for any part they may play in the prostitution  offences that prohibit purchasing sexual services, advertising those  services, receiving a material benefit from the prostitution of others  or procuring others for the purpose of prostitution.

This means that the new laws do not prevent sellers from taking  certain safety measures, should they continue to sell sexual services.  These safety measures include selling sexual services, whether  independently or cooperatively, from fixed indoor locations, hiring  legitimate bodyguards who do not engage in exploitative behaviour and  negotiating safer conditions for the sale of sexual services in public  places that are not near school grounds, playgrounds or day care  centres. Communicating for the purposes of selling sexual services in  public places that are or are next to school grounds, playgrounds or day  care centres is a criminal offence with a maximum penalty of 6 months  imprisonment.

However, purchasers of sexual services are always criminalized for  their role in the prostitution transaction. The new prostitution laws  are intended to reduce both the purchase and the sale of sexual  services.

Q4. The new purchasing offence prohibits “obtaining sexual services  for consideration”. What is a “sexual service” and what does “obtaining a  sexual service for consideration” mean? A4. A “sexual service” is a service that is sexual in nature and  whose purpose is to sexually gratify the person who receives it.  “Obtaining a sexual service for consideration” involves an agreement for  a specific sexual service in return for payment or another kind of  consideration, including drugs or alcohol. It doesn’t matter whether  payment is made by the person who receives the sexual service or by  another person.

Activities that amount to “obtaining a sexual service for  consideration”, if a person pays for them, include: sexual intercourse;  masturbation; oral sex; lap-dancing, which involves sitting in a  person’s lap and simulating sexual intercourse; and, sado-masochistic  activities, provided that the acts can be considered to be sexually  stimulating or gratifying.

Q5. Can a person advertise the sale of their own sexual services? A5. The new advertising offence criminalizes advertising the sale of  sexual services. But the new laws also protect from criminal liability a  person who advertises the sale of their own sexual services. This means  that the offence applies to people who advertise the sale of others’  sexual services, including in print media, on websites or in locations  that offer sexual services for sale, such as erotic massage parlours or  strip clubs.

The offence also applies to publishers or website administrators, if  they know that the advertisement exists and that it is in fact for the  sale of sexual services.

The new laws also allow the court to order the seizure of materials  containing advertisements for the sale of sexual services, as well as  their removal from the Internet, regardless of who posted them.

Q6. Can a person manage, work for, or otherwise participate in, a business that offers sexual services for sale? A6. Receiving money or any other material benefit from the  prostitution of others in the context of a commercial enterprise that  offers sexual services for sale is a criminal offence. Such a commercial  enterprise necessarily involves third parties who profit from the sale  of others’ sexual services. This means that it is illegal to earn money,  for example, by managing or working for a commercial enterprise, such  as a strip club, massage parlour or escort agency, knowing that sexual  services are purchased there.

But the new law protects from criminal liability people who receive  money from the sale of their own sexual services. If the business does  not involve anyone other than sellers of sexual services, who keep only  the earnings from the sale of their own sexual services, and people who  provide legitimate goods and services to them, the business is not a  commercial enterprise. In these circumstances, the only person who  commits an offence is the purchaser of sexual services.

Q7. Can a person live with another person who sells sexual services? A7. The new laws do not prevent people who sell their own sexual  services from entering into legitimate family relationships on the same  basis as anyone else. This means that a family member or roommate of a  person who sells their own sexual services does not commit an offence,  unless the family member or roommate exploits the person who sells their  own sexual services. Q8. Can a person sell goods or services to people who sell their own sexual services? A8. The new laws do not prevent people who sell their own sexual  services from entering into legitimate business relationships on the  same basis as anyone else. This means that a person who receives money  for providing goods or services to a person who sells their own sexual  services does not commit an offence as long as the goods or services are  offered to the general public on the same terms and conditions and  there is no exploitation.

If the person who receives money for providing goods and services to a  person who sells their own sexual services does not offer the goods or  services to the general public, but the amount of money received  reflects the value of the good or service provided, no offence is  committed as long as the person who provided the goods or services does  not encourage the other person to sell sexual services and there is no  exploitation.

Q9. Can a person accept gifts or other things from people who use  the earnings they made from selling their own sexual services to buy  them? A9. The new laws do not prevent people who sell their own sexual  services from interacting with others on the same basis as anyone else.  This means that a person who receives gifts or other things from a  person who sells their own sexual services does not commit an offence,  as long as there is no exploitation. Q10. Why do the new laws make prostitution illegal, instead of legalizing prostitution and regulating it? A10. Recent international studies show that jurisdictions that have  decriminalized or legalized prostitution have larger sex industries and  higher rates of human trafficking for sexual exploitation than those  that seek to reduce the incidence of prostitution. This means that  legalizing and regulating prostitution would result in more people being  subjected to prostitution. Research shows that the majority of those  who sell their own sexual services are women and girls and marginalized  groups, such as Aboriginal women and girls, are disproportionately  represented. Research also shows that prostitution is an extremely  dangerous activity that poses a risk of violence and psychological harm  to those subjected to it, regardless of the venue or legal framework in  which it takes place, both from purchasers of sexual services and from  third parties.

Bill C-36’s reforms target those who create the demand for sexual  services, and those who capitalize on that demand. This approach is  intended to protect the vulnerable people targeted by prostitution, the  communities in which prostitution is practised and society itself, by  sending a strong message that everyone is entitled to dignity and  respect. Prostitution allows men, who are primarily the purchasers of  sexual services, paid access to female bodies. Condoning a clearly  gendered practice by legalizing and regulating it would demean and  degrade the human dignity of all women and girls. The human body is not a  commodity to be bought and sold.

For more information on the law reform implemented by Bill C-36 and the research on which it is based, please see: http://www.justice.gc.ca/eng/rp-pr/other-autre/protect/index.html.

THE NATIONAL HUMAN RIGHTS JUSTICE ADMINISTRATION

Prostitution Criminal Law Reform: Bill C-36, the Protection of Communities and Exploited Persons Act

In force as of December 6, 2014

PDF Version

Fact Sheet

Bill C-36, the Protection of Communities and Exploited Persons Act, received Royal Assent on November 6, 2014. Bill C-36 treats prostitution as a form of sexual exploitation that disproportionately impacts on women and girls. Its overall objectives are to:

  • Protect those who sell their own sexual services;
  • Protect communities, and especially children, from the harms caused by prostitution; and
  • Reduce the demand for prostitution and its incidence.

The new criminal law regime seeks to protect the dignity and equality of all Canadians by denouncing and prohibiting the purchase of sexual services, the exploitation of the prostitution of others, the development of economic interests in the sexual exploitation of others and the institutionalization of prostitution through commercial enterprises, such as strip clubs, massage parlours and escort agencies that offer sexual services for sale. It also seeks to encourage victims to report incidents of violence to the police and to leave prostitution. Toward that end, $20 million in new funding has been dedicated to help individuals exit prostitution.

Bill C-36 contains prostitution and human trafficking-related amendments. It also includes an amendment to the Criminal Code’s definition of “weapon”. These amendments are explained below.

Prostitution Offences

Bill C-36 enacts new prostitution offences and modernizes old ones:

1) Purchasing Offence:

  • Obtaining sexual services for consideration, or communicating in any place for that purpose (section 286.1)
  • Those who sell their own sexual services are protected from criminal liability for participating in the commission of this offence if the offence relates to their own sexual services (subsection 286.5(2))
Penalty:

Adult victim (subsection 286.1(1))

  • Dual procedure offence with maximum penalties of 5 years imprisonment if prosecuted on indictment and 18 months if prosecuted by summary convicton
  • Escalating mandatory minimum fines starting at $500 on summary conviction for a first offence, including higher mandatory minimum fines if the offence is prosecuted by indictment, is a subsequent offence or is committed in a public place that is or is next to parks, schools, religious institutions or places where children can reasonably be expected to be present

Child victim (subsection 286.1(2))

Indictable offence with maximum penalty of 10 years imprisonment and mandatory minimum penalties of 6 months imprisonment for a first offence and one year for subsequent offences

Explanation:

This offence criminalizes purchasing sexual services, or communicating in any place for that purpose, for the first time in Canadian criminal law. Since prostitution is a transaction that involves both the purchase and the sale of sexual services, the new purchasing offence makes prostitution illegal; every time the prostitution transaction takes place, an offence is committed by the purchaser.

2) Advertising Offence:

  • Knowingly advertising an offer to provide sexual services for consideration (section 286.4)
  • Those who sell their own sexual services are protected from criminal liability for committing this offence if they advertise their own sexual services (paragraph 286.5(1)(b)), or for participating in the commission of this offence if the offence relates to their own sexual services (subsection 286.5(2))
Penalty:

Dual procedure offence with maximum penalties of 5 years imprisonment if prosecuted by indictment and 18 months if prosecuted by summary conviction

Explanation:

This offence criminalizes advertising the sale of sexual services, also for the first time in Canadian criminal law. This new offence applies to individuals who advertise the sale of another person’s sexual services, including in print media, on websites or in locations that offer sexual services for sale, such as erotic massage parlours or strip clubs.

The offence also applies to publishers or website administrators, if they know that the advertisement exists and that it is in fact for the sale of sexual services. The new laws also allow the court to order the seizure of materials containing advertisements for the sale of sexual services, as well as their removal from the Internet, regardless of who posted them. However, the new laws protect from criminal liability a person who advertises the sale of their own sexual services.

3) Material Benefit Offence:

  • Receiving a financial or other material benefit obtained by or derived from the commission of the purchasing offence (section 286.2)
  • Those who sell their own sexual services are protected from criminal liability for committing this offence if the only benefit they receive is from the sale of their own sexual services (paragraph 286.5(1)(a)), or for participating in the commission of this offence if the offence relates to their own sexual services (subsection 286.5(2))
Penalty:

Adult victim (subsection 286.2(1))

Indictable offence, with a maximum penalty of 10 years imprisonment

Child victim (subsection 286.2(2))

Indictable offence, with a maximum penalty of 14 years imprisonment and a mandatory minimum penalty of 2 years imprisonment

Exceptions:

This offence does not prevent those who sell their own sexual services from entering into legitimate family and business relationships, or otherwise interacting with others, on the same basis as anyone else. In this regard, no offence is committed in the following contexts, which are exceptions to the material benefit offence:

  • Legitimate living arrangements (e.g., children, spouses, roommates, paragraph 286.2(4)(a));
  • Legal or moral obligations (e.g., supporting a disabled parent, gifts, paragraph 286.2(4)(b));
  • Goods and services offered to the general public (e.g., accountants, landlords, pharmacists, security companies, paragraph 286.2(4)(c)); and,
  • Goods and services offered informally for fair value (e.g., babysitting or protective services, paragraph 286.2(4)(d)).

However, none of these exceptions apply if a person otherwise entitled to one of the exceptions listed above:

  • Used, threatened to use or attempted to use violence (paragraph 286.2(5)(a));
  • Abused a position of trust, power or authority (paragraph 286.2(5)(b));
  • Provided any intoxicating substances to encourage the sale of sexual services (paragraph 286.2(5)(c));
  • Engaged in conduct that would amount to procuring (paragraph 286.2(5)(d)); or,
  • Received the benefit in the context of a commercial enterprise that offers sexual services for sale (paragraph 286.2(5)(e)).
Explanation:

This offence criminalizes receiving money or other material benefit from the prostitution of others in exploitative circumstances, including in the context of a commercial enterprise that offers sexual services for sale. This means that it is illegal to earn money by owning, managing or working for a commercial enterprise, such as a strip club, massage parlour or escort agency, knowing that sexual services are purchased there.

Since the new law protects from criminal liability those who receive money from the sale of their own sexual services, the material benefit offence does not apply to sellers of sexual services, including when they work together cooperatively and pool resources to pay for legitimate goods or services, provided that they keep only the earnings from the sale of their own sexual services. In these circumstances, the only person who commits an offence is the purchaser of sexual services.

4) Procuring Offence:

  • Procuring a person to offer or provide sexual services for consideration (section 286.3); or,
  • For the purpose of facilitating the purchasing offence, recruiting, holding, concealing or harbouring a person who offers or provides sexual services for consideration, or exercising control, direction or influence over the movements of that person (section 286.3)
  • Those who sell their own sexual services are protected from criminal liability for participating in the commission of this offence if the offence relates to their own sexual services (subsection 286.5(2))
Penalty:

Adult victim (subsection 286.3(1))

Indictable offence, with a maximum penalty of 14 years imprisonment

Child victim (subsection 286.3(2))

Indictable offence with a maximum penalty of 14 years imprisonment and a mandatory minimum penalty of 5 years imprisonment

Explanation:

This offence criminalizes active involvement in the prostitution of others. For example, a person procures another for prostitution if they cause or induce that person to sell sexual services. This distinguishes the procuring offence from the material benefit offence, which requires only passive involvement in the prostitution of others. For example, a “classic pimp” is likely to be guilty of both the procuring offence and the material benefit offence, because the pimp both induces another person to sell sexual services and receives money from the sale of those services. In contrast, a “bouncer”, who works at a strip club, knowing that prostitution takes place there, may only receive money from the sale of sexual services. In such a case, the bouncer would only be guilty of the material benefit offence.

5) Communicating Offence:

Communicating for the purposes of offering or providing sexual services for consideration in public places that are or are next to school grounds, playgrounds or daycare centres (subsection 213(1.1))

Penalty:

Summary conviction offence with a maximum penalty of 6 months imprisonment

Explanation:

This offence criminalizes communicating for the purposes of selling sexual services in

public places that are or are next to specific locations that are designed for use by children, i.e., school grounds, playgrounds, and daycare centres.

Trafficking in Persons Offences

Bill C-36 harmonizes the penalties imposed for human trafficking and prostitution-related conduct to ensure a consistent response to practices that are linked:

1) Main Trafficking Offences:

Recruiting, transporting, transferring, receiving, holding, concealing or harbouring a person, or exercising control direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation (sections 279.01 and 279.011)

Penalty:

Adult victim (section 279.01)

Indictable offence with a maximum penalty of life imprisonment and a mandatory minimum penalty of 5 years if kidnapping, aggravated assault, aggravated sexual assault or death results and a maximum penalty of 14 years and a mandatory minimum penalty of 4 years in all other cases

Child victim (section 279.011)

Indictable offence with a maximum penalty of life imprisonment and a mandatory minimum penalty of 6 years if kidnapping, aggravated assault, aggravated sexual assault or death results and a maximum penalty of 14 years and a mandatory minimum penalty of 5 years in all other cases

2) Material Benefit Offence:

Receiving a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of a human trafficking offence (section 279.02)

Penalty:

Adult Victim (subsection 279.02(1))

Indictable offence with a maximum penalty of 10 years imprisonment

Child Victim (subsection 279.02(2))

Indictable offence with a maximum penalty of 14 years imprisonment and a mandatory minimum penalty of 2 years

3) Documents Offence:

Concealing, removing, withholding or destroying travel or identity documents for the purpose of facilitating a human trafficking offence (section 279.03)

Penalty:

Adult Victim (subsection 279.03(1))

Indictable offence with a maximum penalty of 5 years imprisonment

Child Victim (subsection 279.03(2))

Indictable offence with a maximum penalty of 10 years imprisonment and a mandatory minimum penalty of 1 year

Explanation:

Research shows that increased demand for sexual services leads to higher rates of human trafficking for sexual exploitation to meet the demand. Research also shows that the decriminalization of prostitution leads to increased demand for sexual services. The human trafficking offences address the most egregious human rights abuses that take place in the context of prostitution.

Definition of Weapon

Bill C-36 amends the Criminal Code’s definition of "weapon" (section 2) to include anything used or intended to be used to restrain a person against their will (e.g., handcuffs, rope, duct tape). This amendment applies to three offences:

  • Possession of a weapon with intent to commit an offence (section 88)
  • Assault with a weapon (section 267)
  • Sexual assault with a weapon (section 272)

Explanation:

A person, who possesses handcuffs, rope, duct tape or other items of restraint with intent to commit an offence, including assault or sexual assault, is guilty of an offence under section 88. A person who uses an item of restraint to commit an assault or sexual assault is guilty of the more serious form of those offences: assault with a weapon or sexual assault with a weapon, as the case may be.

For more information on the law reform implemented by Bill C-36 and the research on which it is based, please see: http://www.justice.gc.ca/eng/rp-pr/other-autre/protect/index.html.

Procuring

  •  (1) Every one who

    • (a) procures, attempts to procure or solicits a person to have illicit sexual intercourse with another person, whether in or out of Canada,

    • (b) inveigles or entices a person who is not a prostitute to a common bawdy-house for the purpose of illicit sexual intercourse or prostitution,

    • (c) knowingly conceals a person in a common bawdy-house,

    • (d) procures or attempts to procure a person to become, whether in or out of Canada, a prostitute,

    • (e) procures or attempts to procure a person to leave the usual place of abode of that person in Canada, if that place is not a common bawdy-house, with intent that the person may become an inmate or frequenter of a common bawdy-house, whether in or out of Canada,

    • (f) on the arrival of a person in Canada, directs or causes that person to be directed or takes or causes that person to be taken, to a common bawdy-house,

    • (g) procures a person to enter or leave Canada, for the purpose of prostitution,

    • (h) for the purposes of gain, exercises control, direction or influence over the movements of a person in such manner as to show that he is aiding, abetting or compelling that person to engage in or carry on prostitution with any person or generally,

    • (i) applies or administers to a person or causes that person to take any drug, intoxicating liquor, matter or thing with intent to stupefy or overpower that person in order thereby to enable any person to have illicit sexual intercourse with that person, or

    • (j) lives wholly or in part on the avails of prostitution of another person,

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • Marginal note:Living on the avails of prostitution of person under eighteen

    (2) Despite paragraph (1)(j), every person who lives wholly or in part on the avails of prostitution of another person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of two years.

  • Marginal note:Aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years

    (2.1) Notwithstanding paragraph (1)(j) and subsection (2), every person who lives wholly or in part on the avails of prostitution of another person under the age of eighteen years, and who

    • (a) for the purposes of profit, aids, abets, counsels or compels the person under that age to engage in or carry on prostitution with any person or generally, and

    • (b) uses, threatens to use or attempts to use violence, intimidation or coercion in relation to the person under that age,

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years but not less than five years.

  • Marginal note:Presumption

    (3) Evidence that a person lives with or is habitually in the company of a prostitute or lives in a common bawdy-house is, in the absence of evidence to the contrary, proof that the person lives on the avails of prostitution, for the purposes of paragraph (1)(j) and subsections (2) and (2.1).

  • Marginal note: Offence — prostitution of person under eighteen

    (4) Every person who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of six months.

          

Human trafficking is a very serious criminal offense with very serious penalties.

Canadian Legislation

Specific criminal laws against trafficking in persons (TIP) in the Criminal Code

Six offenses in the Criminal Code specifically address human trafficking:

  1. Trafficking in Persons (section 279.01):  which carries a maximum penalty of life imprisonment and a mandatory  minimum penalty of 5 years where the offence involved kidnapping,  aggravated assault, aggravated sexual assault or death, and a maximum  penalty of 14 years and a mandatory minimum penalty of 4 years in all  other cases;
  2. Trafficking of a person under the age of eighteen years (section 279.011)  which carries a maximum penalty of life imprisonment and a mandatory  minimum penalty of 6 years where the offence involved kidnapping,  aggravated assault, aggravated sexual assault or death, and a maximum  penalty of 14 years and a mandatory minimum penalty of 5 years in all  other cases;
  3. Receiving a Financial or Other Material Benefit for the  purpose of committing or facilitating trafficking in persons -Adult  Victim (subsection 279.02(1)): which carries a maximum penalty of 10 years imprisonment;
  4. Receiving a Financial or Other Material Benefit for the  purpose of committing or facilitating trafficking in persons -Child  Victim (subsection 279.02(2)): which carries a maximum penalty of 14 years imprisonment and a mandatory minimum penalty of 2 years;
  5. Withholding or Destroying a Person's Identity Documents (for  example, a passport) for the purpose of committing or facilitating  trafficking of that person - Adult Victim (subsection 279.03(1)): which carries a maximum penalty of five years imprisonment; and,
  6. Withholding or Destroying a Person's Identity Documents (for  example, a passport) for the purpose of committing or facilitating  trafficking of that person - Child Victim (subsection 279.03(2)): which carries a maximum penalty of 10 years imprisonment and a mandatory minimum penalty of 1 year.

Trafficking in persons is about exploitation and does not  necessarily involve movement. For the purpose of the trafficking  offences, the Criminal Code states that a person exploits another person  if they:

  1. cause someone to provide, or offer to provide, labour or a  service by engaging in conduct that, in all the circumstances, could  reasonably be expected to cause the other person to believe that their  safety or the safety of a person known to them would be threatened if  they failed to provide, or offer to provide, the labour or service.
  2. cause a person, by means of deception or the use or threat  of force or of any other form of coercion, to have an organ or tissue  removed -(section 279.04).

Other provisions in the Criminal Code which address TIP-related offences

Other Criminal Code offences can also be used by police and Crown prosecutors depending on the facts and circumstances of the case. They include:

 

 

 

 

 

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