A History of Canadian Sexual Assault Legislation
1900-2000


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Whipping

Criminal Code, 1892, S.C. 1892, c. 29, s. 957.

[Sentence of punishment by whipping.]
957. Whenever whipping may be awarded for any offence, the court may sentence the offender to be once, twice or thrice whipped, within the limits of the prison, under the supervision of the medical officer of the prison; and the number of strokes and the instrument with which they shall be inflicted shall be specified by the court in the sentence; and, whenever practicable, every whipping shall take place not less than ten days before the expiration of any term of imprisonment to which the offender is sentenced for the offence.
    2. Whipping shall not be inflicted on any female. R.S.C., c. 181, s. 30.


The Criminal Code Amendment Act, 1900, S.C. 1900, c. 46, s. 3.

[Sentence of punishment by whipping.]
957. Whenever whipping may be awarded for any offence, the court may sentence the offender to be once, twice or thrice whipped, within the limits of the prison, under the supervision of the medical officer of the prison, or if there be no such officer, or if the medical officer be for any reason unable to be present, then, under the supervision of a surgeon or physician to be named by the Minister of Justice, in the case of prisons under the control of the Dominion, and in the case of other prisons by the Attorney General of the province in which such prison is situated.
    2. The number of strokes shall be specified in the sentence; and the instrument to be used for whipping shall be a cat of nine tails unless some other instrument is specified in the sentence.
    3. Whenever practicable, every whipping shall take place not less than ten days before the expiration of any term of imprisonment to which the offender is sentenced for the offence.
    4. Whipping shall not be inflicted on any female.


Criminal Code, R.S.C. 1906, c. 146, s. 1060.

[Sentence of punishment by whipping.]
1060. Whenever whipping may be awarded for any offence, the court may sentence the offender to be once, twice or thrice whipped, within the limits of the prison, under the supervision of the medical officer of the prison, or if there by no such officer, or if the medical officer be for any reason unable to be present, then, under the supervision of a surgeon or physician to be named by the Minister of Justice, in the case of prisons under the control of the Dominion, and in the case of other prisons by the attorney general of the province in which such prison is situated.
    [Number of strokes. Instrument.]
    2. The number of strokes shall be specified in the sentence; and the instrument to be used for whipping shall be a cat-o'-nine-tails unless some other instrument is specified in the sentence.
    [When whipping to take place.]
    3. Whenever practicable, every whipping shall take place not less than ten days before the expiration of any term of imprisonment to which the offender is sentenced for the offence.
    [Not on female.]
    4. Whipping shall not be inflicted on any female. 63-64 V., c. 46, s. 3.


Criminal Code, R.S.C. 1927, c. 36, s. 1060.

[Sentence of punishment by whipping.]
1060. Whenever whipping may be awarded for any offence, the court may sentence the offender to be once, twice or thrice whipped, within the limits of the prison, under the supervision of the medical officer of the prison, or if there be no such officer, or if the medical officer be for any reason unable to be present, then, under the supervision of a surgeon or physician to be named by the Minister of Justice, in the case of prisons under the control of the Dominion, and in the case of other prisons by the Attorney General of the province in which such prison is situated.
    [Number of strokes. Instrument]
    2. The number of strokes shall be specified in the sentence; and the instrument to be used for whipping shall be a cat-o'-nine tails unless some other instrument is specified in the sentence.
    [When whipping to take place.]
    3. Whenever practicable, every whipping shall take place not less than ten days before the expiration of any term of imprisonment to which the offender is sentenced for the offence.
    [Not on female.]
    4. Whipping shall not be inflicted on any female. R.S., c. 146, s. 1060.


Criminal Code, S.C. 1953-54, c. 51, s. 641.

[Execution of sentence by whipping.]
641. (1) Where a person is liable to be sentenced to be whipped, the court may sentence him to be whipped on one, two or three occasions within the limits of the prison in which he is confined.
    [Number of strokes to be specified.]
    (2) A sentence of whipping shall specify the number of strokes to be administered on each occasion.
    [Supervision.]
    (3) A sentence of whipping shall be executed under the supervision of the prison doctor or, if he is unable to be present, it shall be executed under the supervision of a duly qualified medical practitioner to be named by the Attorney General of Canada, where the sentence is executed in a prison administered by the Government of Canada, or, where the sentence is executed in a prison administered by the government of a province, to be named by the Attorney General of that province.
    [Instrument to be used.]
    (4) The instrument to be used in the execution of a sentence of whipping shall be a cat-o-nine tails, unless some other instrument is specified in the sentence.
    [When to be used.]
    (5) A sentence of whipping shall be executed at a time to be fixed by the keeper of the prison in which it is to be executed, but, whenever practicable, a sentence of whipping shall be executed not less than ten days before the expiration of any term of imprisonment to which the convicted person has been sentenced.
    [Female not to be whipped.]
    (6) No female person shall be whipped.


Criminal Code, R.S.C. 1970, c. C-34, s. 668.

[Execution of sentence by whipping]
668. (1) Where a person is liable to be sentenced to be whipped, the court may sentence him to be whipped on one, two or three occasions within the limits of the prison in which he is confined.
    [Number of strokes to be specified]
    (2) A sentence of whipping shall specify the number of strokes to be administered on each occasion.
    [Supervision]
    (3) A sentence of whipping shall be executed under the supervision of the prison doctor or, if he is unable to be present, it shall be executed under the supervision of a duly qualified medical practitioner to be named by the Attorney General of Canada, where the sentence is executed in a prison administered by the Government of Canada, or, where the sentence is executed in a prison administered by the government of a province, to be named by the Attorney General of the province.
    [Instrument to be used]
    (4) The instrument to be used in the execution of the sentence of whipping shall be a cat-o'-nine tails, unless some other instrument is specified in the sentence.
    [When to be used]
    (5) A sentence of whipping shall be executed at a time to be fixed by the keeper of the prison in which it is to be executed, but, whenever practicable, a sentence of whipping shall be executed not less than ten days before the expiration of any term of imprisonment to which the convicted person has been sentenced.
    [Prohibition]
    (6) No female person shall be whipped. 1953-54, c. 51, s. 641.


Criminal Law Amendment Act, 1972, S.C. 1972, c. 13, s. 59.

[Repealed.]

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