1978
Criminal Code, R.S.C. 1970, c. C-34.
PART IV
Sexual Offences, Public Morals and Disorderly Conduct
Interpretation
[Definitions]
138. In this Part
"guardian" includes any person who has in law or in fact the custody or control of another person. [...] 1953-54, c. 51, s. 130.
Special Provisions
[Corroboration]
139. (1) No accused shall be convicted of an offence under section 148, 150, 151, 152, 153, 154, or 166 upon the evidence of only one witness unless
the evidence of the witness is corroborated in a material particular by evidence that implicates the accused.
[Marriage a defence]
(2) No accused shall be convicted of an offence under section 152, paragraph 153(b) or section 154 where he proves that, subsequent to
the time of the alleged offence, he married the person in respect of whom he is alleged to have committed the offence.
[Burden of proof]
(3) In proceedings for an offence under subsection 146(2) or section 151, 152 or paragraph 153(b) the burden of proving that the female
person in respect of whom the offence is alleged to have been committed was not of previously chaste character is upon the accused.
[Previous sexual intercourse with accused]
(4) In proceedings for an offence under subsection 146(2) or under section 151 or paragraph 153(b), evidence that the accused had, prior
to the time of the alleged offence, sexual intercourse with the female person in respect of whom the offence is alleged to have been committed shall be
deemed not to be evidence that she was not of previously chaste character. 1953-54, c. 51, s. 131.
[Consent of child under fourteen no defence]
140. Where an accused is charged with an offence under section 146, 149 or 156 in respect of a person under the age of fourteen years, the fact that
the person consented to the commission of the offence is not a defence to the charge. 1953-54, c. 51, s. 132.
[Limitation]
141. No proceedings for an offence under section 151, 152, paragraph 153(b), or under section 166, 167 or 168 shall be commenced more than one
year after the time when the offence is alleged to have been committed. 1953-54, c. 51, s. 133.
[No question of sexual conduct]
142. (1) Where an accused is charged with an offence under section 144 or 145 or subsection 146(1) or 149(1), no question shall be asked by or on behalf
of the accused as to the sexual conduct of the complainant with a person other than the accused unless
(a) reasonable notice in writing has been given to the prosecutor by or on behalf of the accused of his intention to ask
such question together with particulars of the evidence sought to be adduced by such question and a copy of such notice has been filed with the clerk of
the court; and
(b) the judge, magistrate or justice, after holding a hearing in camera in the absence of the jury, if any, is
satisfied that the weight of the evidence is such that to exclude it would prevent the making of a just determination of an issue of fact in the
proceedings, including the credibility of the complainant.
[Publication prohibited]
(2) The notice given under paragraph (1)(a) and the evidence taken, the information given or the representations made at a hearing
referred to in paragraph (1)(b) shall not be published in any newspaper or broadcast.
[Offence]
(3) Every one who, without lawful excuse the proof of which lies upon him, contravenes subsection (2) is guilty of an offence punishable
on summary conviction.
["Newspaper" defined]
(4) In this section, "newspaper" has the same meaning as it has in section 261.
["Complainant" defined]
(5) In this section and in section 442, "complainant" means the person against whom it is alleged that the offence was committed.
Note: section 142, previously "Instruction to jury," was repealed and substituted with the above by the Criminal Law Amendment Act, 1975,
S.C. 1974-75-76, c. 93, s. 8.
Sexual Offences
[Rape]
143. A male person commits rape when he has sexual intercourse with a female person who is not his wife,
(a) without her consent, or
(b) with her consent if the consent
(i) is extorted by threats or fear of bodily harm,
(ii) is obtained by personating her husband, or
(iii) is obtained by false and fraudulent representations as to the nature and quality of the act.
1953-54, c. 51, s. 135.
[Punishment for rape]
144. Every one who commits rape is guilty of an indictable offence and is liable to imprisonment for life and to be whipped. 1953-54, c. 51, s. 136.
[Attempt to commit rape]
145. Every one who attempts to commit rape is guilty of an indictable offence and is liable to imprisonment for ten years and to be whipped. 1953-54, c. 51, s. 137.
[Sexual intercourse with female under fourteen]
146. (1) Every male person who has sexual intercourse with a female person who
(a) is not his wife, and
(b) is under the age of fourteen years,
whether or not he believes that she is fourteen years of age or more, is guilty of an indictable offence and is liable to imprisonment for life and to be whipped.
[Sexual intercourse with female between fourteen and sixteen]
(2) Every male person who has sexual intercourse with a female person who
(a) is not his wife,
(b) is of previously chaste character, and
(c) is fourteen years of age or more and is under the age of sixteen years,
whether or not he believes that she is sixteen years of age or more, is guilty of an indictable offence and is liable to imprisonment for five years.
[Where accused not more to blame]
(3) Where an accused is charged with an offence under subsection (2), the court may find the accused not guilty if it is of opinion that the evidence does not show that, as between the accused and the female person, the accused is more to blame than the female person. 1953-54, c. 51, s. 138; 1959, c. 41, s. 9.
[Age]
147. No male person shall be deemed to commit an offence under section 144, 145, 146 or 150 while he is under the age of fourteen years. 1953-54, c. 51,
s. 139.
[Sexual intercourse with feeble-minded, etc.]
148. Every male person who, under circumstances that do not amount to rape, has sexual intercourse with a female person
(a) who is not his wife, and
(b) who is and who he knows or has good reason to believe is feeble-minded, insane, or is an idiot or imbecile,
is guilty of an indictable offence and is liable to imprisonment for five years. 1953-54, c. 51, s. 140.
[Indecent assault on female]
149. (1) Every one who indecently assaults a female person is guilty of an indictable offence and is liable to imprisonment for five years and to be whipped.
[Consent by false representations]
(2) An accused who is charged with an offence under subsection (1) may be convicted if the evidence establishes that the accused did anything to the female person with her consent that, but for her consent, would have been an indecent assault, if her consent was obtained by false and fraudulent representations as to the nature and quality of the act. 1953-54, c. 51, s. 141.
[Incest]
150. (1) Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person.
[Punishment]
(2) Every one who commits incest is guilty of an indictable offence and is liable to imprisonment for fourteen years.
[Compulsion of female]
(3) Where a female person is convicted of an offence under this section and the court is satisfied that she committed the offence by reason only that she was under restraint, duress or fear of the person with whom she had the sexual intercourse, the court is not required to impose any punishment upon her.
["Brother" "sister"]
(4) In this section, “brother” and “sister”, respectively, include half-brother and half-sister. 1953-54, c. 51, s. 142.
Note: subsection 150(2) was amended by the Criminal Law Amendment Act, 1972, S.C. 1972, c. 13, s. 10.
[Seduction of female between sixteen and eighteen]
151. Every male person who, being eighteen years of age or more, seduces a female person of previously chaste character who is sixteen years or more but less than eighteen years of age is guilty of an indictable offence and is liable to imprisonment for two years. 1953-54, c. 51, s. 143.
[Seduction under promise of marriage]
152. Every male person who, being twenty-one years of age or more, who, under promise of marriage, seduces an unmarried female person of previously chaste character who is less than twenty-one years of age is guilty of an indictable offence and is liable to imprisonment for two years. 1953-54, c. 51, s. 144.
[Sexual intercourse with step-daughter, etc., or female employee]
153. (1) Every male person who
(a) has illicit sexual intercourse with his step-daughter, foster daughter or female ward, or
(b) has illicit sexual intercourse with a female person of previously chaste character and under the age of twenty-one years who
(i) is in his employment,
(ii) is in a common, but not necessarily similar, employment with him and is, in respect of her employment or work, under or in any way subject to his control or direction, or
(iii) receives her wages or salary directly or indirectly from him,
is guilty of an indictable offence and is liable to imprisonment for two years.
[Where accused not more to blame]
(2) Where an accused is charged with an offence under paragraph (1)(b), the court may find the accused not guilty if it is of opinion that the evidence does not show that, as between the accused and the female person, the accused is more to blame than the female person. 1953-54, c. 51, s. 145; 1959, c. 41, s. 10.
[Seduction of female passengers on vessels]
154. Every male person who, being the owner or master of, or employed on board a vessel, engaged in the carriage of passengers for hire, seduces, or by threats or by the exercise of his authority, has illicit sexual intercourse on board the vessel with a female passenger is guilty of an indictable offence and is liable to imprisonment for two years. 1953-54, c. 51, s. 146.
[Buggery or bestiality]
155. Every one who commits buggery or bestiality is guilty of an indictable offence and is liable to imprisonment for fourteen years. 1953-54, c. 51, s. 147.
[Indecent assault on male]
156. Every male person who assaults another person with intent to commit buggery or who indecently assaults another male person is guilty of an indictable offence and is liable to imprisonment for ten years and to be whipped. 1953-54, c. 51, s. 148.
[Acts of gross indecency]
157. Every one who commits an act of gross indecency with another person is guilty of an indictable offence and is liable to imprisonment for five years. 1953-54, c. 51, s. 149.
[Exception re acts in private between husband and wife or consenting adults]
158. (1) Sections 155 and 157 do not apply to any act committed in private between
(a) a husband and his wife, or
(b) any two persons, each of whom is twenty-one years or more of age,
both of whom consent to the commission of the act.
[s. 155: Buggery or bestiality
s. 157: Acts of gross indecency]
[Idem]
(2) For the purposes of subsection (1),
(a) an act shall be deemed not to have been committed in private if it is committed in a public place, or if more than two persons take part or are present; and
(b) a person shall be deemed not to consent to the commission of an act
(i) if the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent misrepresentations as to the nature and quality of the act, or
(ii) if that person is, and the other party to the commission of the act knows or has good reason to believe that that person is feeble-minded, insane, or an idiot or imbecile. 1968-69, c. 38, s. 7.
[Parent or guardian procuring defilement]
166. Every one who, being the parent or guardian of a female person,
(a) procures her to have illicit sexual intercourse with a person other than the procurer, or
(b) orders, is party to, permits or knowingly receives the avails of, the defilement, seduction or prostitution of the female person,
is guilty of an indictable offence and is liable to
(c) imprisonment for fourteen years, if the female person is under the age of fourteen years, or
(d) imprisonment for five years, if the female person is fourteen years of age or more. 1953-54, c. 51, s. 155.
[Householder permitting defilement]
167. Every one who
(a) being the owner, occupier or manager of premises, or
(b) having control of premises or assisting in the management or control of premises,
knowingly permits a female person under the age of eighteen years to resort to or to be in or upon the premises for the purpose of having illicit sexual intercourse with a particular male person or with male persons generally is guilty of an indictable offence and is liable to imprisonment for five years. 1953-54, c. 51, s. 156.
[Corrupting children]
168. (1) Every one who, in the home of a child, participates in adultery or sexual immortality or indulges in habitual drunkenness or any other form of vice, and thereby endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of an indictable offence and is liable to imprisonment for two years.
[Limitation]
(2) No proceedings for an offence under this section shall be commenced more than one year after the time when the offence was committed.
["Child"]
(3) For the purposes of this section, “child” means a person who is or appears to be under the age of eighteen years.
[Who may institute prosecutions]
(4) No proceedings shall be commenced under subsection (1) without the consent of the Attorney General, unless they are instituted by or at the instance of a recognized society for the protection of children or by an officer of a juvenile court. 1953-54, c. 51, s. 157.
PART V
DISORDERLY HOUSES, GAMING AND BETTING
Procuring
[Procuring]
195. (1) Every one who
(a) procures, attempts to procure or solicits a female person to have illicit sexual intercourse with another person,
whether in or out of Canada,
(b) inveigles or entices a female person who is not a common prostitute or a person of known immoral character to a
common bawdy-house or house of assignation for the purpose of illicit sexual intercourse or prostitution,
(c) knowingly conceals a female person in a common bawdy-house or house of assignation,
(d) procures or attempts to procure a female person to become, whether in or out of Canada, a common prostitute,
(e) procures or attempts to procure a female person to leave her usual place of abode in Canada, if that place is not
a common bawdy-house, with intent that she may become an inmate or frequenter of a common bawdy-house, whether in or out of Canada,
(f) on the arrival of a female person in Canada, directs or causes her to be directed, or takes or causes her to be taken,
to a common bawdy-house or house of assignation,
(g) procures a female 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 female person in such
manner as to show that he is aiding, abetting or compelling her to engage in or carry on prostitution with any person or generally,
(i) applies or administers to a female person or causes her to take any drug, intoxicating liquor, matter, or thing
with intent to stupefy or overpower her in order thereby to enable any person to have illicit sexual intercourse with her, or
(j) lives wholly or in part on the avails of prostitution of another person,
(k) [Repealed.]
is guilty of an indictable offence and is liable to imprisonment for ten years.
[Presumption]
(2) Evidence that a male person lives with or is habitually in the company of prostitutes, or lives in a common bawdy-house or house
of assignation is, in the absence of any evidence to the contrary, proof that he lives on the avails of prostitution.
[Corroboration]
(3) No person shall be convicted of an offence under subsection (1), other than an offence under paragraph (j) of that subsection, upon
the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.
[Limitation]
(4) No proceedings for an offence under this section shall be commenced more than one year after the time when the offence is alleged
to have been committed. 1953-54, c. 51, s. 184; 1968-69, c. 38, s. 92.
Note: paragraphs 195(1)(i) and (j) were amended by the Criminal Law Amendment Act, 1972, S.C. 1972, c. 13, s. 14. Paragraph 195(1)(k)
was repealed by the same statute.
Venereal Diseases
[Venereal disease]
253. (1) Every one who, having venereal disease in a communicable form, communicates it to another person is guilty of an offence punishable on
summary conviction.
[Defence]
(2) No person shall be convicted of an offence under this section where he proves that he had reasonable grounds to believe and did
believe that he did not have venereal disease in a communicable form at the time the offence is alleged to have been committed.
[Corroboration]
(3) No person shall be convicted of an offence under this section upon the evidence of only one witness, unless the evidence of that
witness is corroborated in a material particular by evidence that implicates the accused.
["Venereal disease"]
(4) For the purposes of this section, "venereal disease" means syphilis, gonorrhea or soft chancre. 1953-54, c. 51, s. 239.
PART VI
OFFENCES AGAINST THE PERSON AND REPUTATION
Kidnapping and Abduction
[Abduction of female]
248. Every one who takes away or detains a female person, against her will, with intent
(a) to marry her or to have illicit sexual intercourse with her, or
(b) to cause her to marry or to have illicit sexual intercourse with a male person,
is guilty of an indictable offence and is liable to imprisonment for ten years. 1953-54, c. 51, s. 234.
[Abduction of female under sixteen]
249. (1) Every one who, without lawful authority, takes or causes to be taken an unmarried female person under the age of sixteen years out of the possession of and against the will or her parent or guardian or of any other person who has lawful care or charge of her is guilty of an indictable offence and is liable to imprisonment for five years.
[Matters not material]
(2) For the purpose of proceedings under this section it is not material whether
(a) the female person is taken with her own consent or at her own suggestion, or
(b) the accused believes that the female person is sixteen years of age or more. 1953-54, c. 51, s. 235.
PART XIII
SPECIAL PROCEDURE AND POWERS
General Powers of Certain Officials
[Exclusion of public in certain cases]
442. (1) Any proceedings against an accused that is a corporation or who is or appears to be sixteen years of age or more shall be held in open court,
but where the presiding judge, magistrate or justice, as the case may be, is of the opinion that it is in the interest of public morals, the maintenance
of order or the proper administration of justice to exclude all or any members of the public from the court room for all or part of the proceedings, he
may so order.
[Reasons to be stated]
(2) Where an accused is charged with an offence mentioned in subsection 142(1) and the prosecutor or the accused makes an application for
an order under subsection (1) of this section, the presiding judge, magistrate or justice, as the case may be, shall, if no such order is made, state, by
reference to the circumstances of the case, the reason for not making an order.
[Order restricting publication of identity]
(3) Where an accused is charged with an offence mentioned in subsection 142(1), the presiding judge, magistrate or justice shall, if
application therefor is made by the prosecutor, make an order directing that the identity of the complainant and her evidence taken in the proceedings
shall not be published in any newspaper or broadcast.
[Failure to comply with order]
(4) Every one who fails to comply with an order made pursuant to subsection (3) is guilty of an offence punishable on summary
conviction.
["Newspaper" defined]
(5) In this section, "newspaper" has the same meaning as it has in section 261.
Note: section 442 was amended by the Criminal Law Amendment Act, 1975, S.C. 1974-75-76, c. 93, s. 44.
PART XVII
PROCEDURE BY INDICTMENT
Corroboration
Unsworn evidence of child
586. No person shall be convicted of an offence upon the unsworn evidence of a child unless the evidence of the child is corroborated in a material
particular by evidence that implicates the accused. 1953-54, c. 51, s. 566.
PART XX
PUNISHMENTS, FINES, FORFEITURES, COSTS AND RESTITUTION OF PROPERTY
668. [Repealed.]
Note: the heading preceding section 668 and section 668 itself, previously "Whipping," were repealed by
the Criminal Law Amendment Act, 1972, S.C. 1972, c. 13, s. 59.
Note: sections 687 to 695 were amended by the Criminal Law Amendment Act, 1977, S.C. 1976-77, c. 53, s. 14. Section 695.1 was added by
the same statute. The headings preceding sections 687 to 690 were repealed and replaced as shown below.
PART XXI
DANGEROUS OFFENDERS
Interpretation
[Definitions]
687. In this Part,
["court"]
"court" means the court by which an offender in relation to whom an application under this Part is made was convicted, or a superior court of criminal
jurisdiction;
["serious personal injury offence"]
"serious personal injury offence" means
(a) an indictable offence (other than high treason, treason, first degree murder or second degree murder) involving
(i) the use or attempted use of violence against another person, or
(ii) conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict
severe psychological damage upon another person,
and for which the offender may be sentenced to imprisonment for ten years or more, or
(b) an offence mentioned in section 144 (rape) or 145 (attempted rape) or an offence or attempt to commit an offence mentioned in section
146 (sexual intercourse with a female under fourteen or between fourteen and sixteen), 149 (indecent assault on a female), 156 (indecent assault on a male)
or 157 (gross indecency).
Dangerous Offenders
[Application for finding]
688. Where, upon an application made under this Part following the conviction of a person for an offence but before the offender is sentenced therefor,
it is established to the satisfaction of the court
(a) that the offence for which the offender has been convicted is a serious personal injury offence described in paragraph (a) of the
definition of that expression in section 687 and the offender constitutes a threat to the life, safety or physical or mental well-being of other
persons on the basis of evidence establishing
(i) a pattern of repetitive behaviour by the offender, of which the offence for which he has been convicted forms a part,
showing a failure to restrain his behaviour and a likelihood of his causing death or injury to other persons, or inflicting severe psychological damage
upon other persons, through failure in the future to restrain his behaviour,
(ii) a pattern of persistent aggressive behaviour by the offender, of which the offence for which he has been convicted
forms a part, showing a substantial degree of indifference on the part of the offender as to the reasonably foreseeable consequences to other persons
of his behaviour, or
(iii) any behaviour by the offender, associated with the offence for which he has been convicted, that is of such a
brutal nature as to compel the conclusion that his behaviour in the future is unlikely to be inhibited by normal standards of behavioural restraint, or
(b) that the offence for which the offender has been convicted is a serious personal injury offence described in paragraph (b) of the
definition of that expression in section 687 and the offender, by his conduct in any sexual matter including that involved in the commission of the
offence for which he has been convicted, has shown a failure to control his sexual impulses and a likelihood of his causing injury, pain or other evil to
other persons through failure in the future to control his sexual impulses,
the court may find the offender to be a dangerous offender and may thereupon impose a sentence of detention in a penitentiary for an indeterminate
period, in lieu of any other sentence that might be imposed for the offence for which the offender has been convicted.
[Hearing of application]
689. (1) Where an application under this Part has been made, the court shall hear and determine the application except that no such application shall
be heard unless
(a) the Attorney General of the province in which the offender was tried has, either before or after the making of the
application, consented to the application;
(b) at least seven days notice has been given to the offender by the prosecutor, following the making of the application,
outlining the basis on which it is intended to found the application; and
(c) a copy of the notice has been filed with the clerk of the court or the magistrate, as the case may be.
[By court alone]
(2) An application under this Part shall be heard and determined by the court without a jury.
[When proof unnecessary]
(3) For the purposes of an application under this Part, where an offender admits any allegations contained in the notice referred
to in paragraph (1)(b), no proof of those allegations is required.
[Proof of consent]
(4) The production of a document purporting to contain any nomination or consent that may be made or given by the Attorney General under
this Part and purporting to be signed by the Attorney General is, in the absence of any evidence to the contrary, proof of that nomination or consent
without proof of the signature or the official character of the person appearing to have signed the document.
[Evidence of dangerous offender status]
690. (1) On the hearing of an application under this Part, the court shall hear the evidence of at least two psychiatrists and all other evidence that,
in its opinion, is relevant, including the evidence of any psychologist or criminologist called as a witness by the prosecution or the offender.
[Nomination of psychiatrists]
(2) One of the psychiatrists referred to in subsection (1) shall be nominated by the prosecution and one shall be nominated by the
offender.
[Nomination by court]
(3) If the offender fails or refuses to nominate a psychiatrist pursuant to this section, the court shall nominate a psychiatrist on
behalf of the offender.
[Saving]
(4) Nothing in this section shall be construed to enlarge the number of expert witnesses that may be called without the leave of the
court or judge under section 7 of the Canada Evidence Act.
[Direction or remand for observation]
691. (1) A court to which an application is made under this Part may, by order in writing,
(a) direct the offender in relation to whom the application is made to attend, at a place or before a person specified
in the order and within a time specified therein, for observation, or
(b) remand the offender in such custody as the court directs, for a period not exceeding thirty days, for observation,
where in its opinion, supported by the evidence of, or where the prosecutor and the offender consent, supported by the report in writing of, at least one
duly qualified medical practitioner, there is reason to believe that evidence might be obtained as a result of such observation that would be relevant
to the application.
[Idem]
(2) Notwithstanding subsection (1), a court to which an application is made under this Part may remand the offender to which that
application relates in accordance with that subsection
(a) for a period not exceeding thirty days without having heard the evidence or considered the report of a duly qualified
medical practitioner where compelling circumstances exist for so doing and where a medical practitioner is not readily available to examine the offender
and give evidence or submit a report; and
(b) for a period of more than thirty but not more than sixty days where it is satisfied that observation for such a period
is required in all the circumstances of the case and its opinion is supported by the evidence of, or where the prosecutor and the offender consent, by
the report in writing of, at least one duly qualified medical practitioner.
[Evidence of character]
692. Without prejudice to the right of the offender to tender evidence as to his character and repute, evidence of character and repute may, if the
court thinks fit, be admitted on the question whether the offender is or is not a dangerous offender.
[Presence of accused at hearing of application]
693. (1) The offender shall be present at the hearing of the application under this Part and if at the time the application is to be heard
(a) he is confined in a prison, the court may order, in writing, the person having the custody of the accused to bring
him before the court; or
(b) he is not confined in a prison, the court shall issue a summons or a warrant to compel the accused to attend
before the court and the provisions of Part XIV relating to summons and warrant are applicable mutatis mutandis.
[Exception]
(2) Notwithstanding subsection (1), the court may
(a) cause the offender to be removed and to be kept out of court, where he misconducts himself by interrupting the
proceedings so that to continue the proceedings in his presence would not be feasible; or
(b) permit the offender to be out of court during the whole or any part of the hearing on such conditions as the
court considers proper.
[Appeal]
694. (1) A person who is sentenced to detention in a penitentiary for an indeterminate period under this Part may appeal to the court of appeal against
that sentence on any ground of law or fact or mixed law and fact.
[Appeal by Attorney General]
(2) The Attorney General may appeal to the court of appeal against the dismissal of an application for an order under this Part on any
ground of law.
[Disposition of appeal]
(3) On an appeal against a sentence of detention in a penitentiary for an indeterminate period the court of appeal may
(a) quash such sentence and impose any sentence that might have been imposed in respect of the offence for which the
appellant was convicted, or order a new hearing; or
(b) dismiss the appeal.
[Idem]
(4) On an appeal against the dismissal of an application for an order under this Part the court of appeal may
(a) allow the appeal, set aside any sentence imposed in respect of the offence for which the respondent was convicted
and impose a sentence of detention in a penitentiary for an indeterminate period, or order a new hearing; or
(b) dismiss the appeal.
[Effect of judgment]
(5) A judgment of the court of appeal imposing a sentence pursuant to this section has the same force and effect as if it were a sentence
passed by the trial court.
[Commencement of sentence]
(6) Notwithstanding subsection 649(1), a sentence imposed on an offender by the court of appeal pursuant to this section shall be
deemed to have commenced when the offender was sentenced by the court by which he was convicted.
[Part XVIII applies re appeals]
(7) The provisions of Part XVIII with respect to the procedure on appeals apply, mutatis mutandis, to appeals under this section.
[Disclosure to Solicitor General]
695. Where a court, pursuant to section 688, finds an offender to be a dangerous offender and imposes a sentence of detention in a penitentiary for an
indeterminate period, the court shall order that a copy of all reports or testimony given by psychiatrists, psychologists or criminologists and any
observations of the court with respect to the reasons for the sentence, together with a transcript of the trial of the dangerous offender be forwarded
to the Solicitor General of Canada for his information.
[Review for parole]
695.1 (1) Subject to subsection (2), where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period, the
National Parole Board shall, forthwith after the expiration of three years from the day on which that person was taken into custody and not later than
every two years thereafter, review the condition, history and circumstances of that person for the purpose of determining whether he should be granted
parole under the Parole Act and, if so, on what conditions.
[Idem]
(2) Where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period that was imposed before
the Criminal Law Amendment Act, 1977 came into force, the National Parole Board shall, at least once in every year, review the condition, history
and circumstances of that person for the purpose of determining whether he should be granted parole under the Parole Act and, if so, on what
conditions.
Note: Criminal Law Amendment Act, 1977, S.C. 1976-77, c. 52, s. 15.
[Transitional]
15. (1) Where, on the day that section 14 comes into force, an application is pending before a court under Part XXI of the Criminal Code for
the preventive detention of a dangerous sexual offender or an habitual criminal within the meaning of that Part as it read immediately before that
day, all proceedings thereon shall be continued and disposed of in all respects as if section 14 had not been enacted.
[Idem]
(2) Sections 693 to 695 of the Criminal Code, as enacted by section 14 apply to a person who, before the coming into force of
that section, was sentenced to preventive detention under Part XXI of the Criminal Code as if the references in those sections to "a sentence
of detention in a penitentiary for an indeterminate period" were references to "a sentence of preventive detention".
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