A History of Canadian Sexual Assault Legislation
1900-2000


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Amendment in this year: An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125. Received Royal Assent 27th October, 1982.

1982
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

139. [Repealed.]

Note: section 139, previously "Special Provisions" (including "Corroboration," "Marriage a defence," "Burden of Proof," and "Previous sexual intercourse with accused"), was repealed by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 5.

[Consent of child under fourteen no defence]
140. Where an accused is charged with an offence under section 146 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.

Note: section 140 was repealed and replaced with the above by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 5.

[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.

142. [Repealed.]

Note: section 142, previously "No question of sexual conduct," was repealed by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 6.


Sexual Offences

143. [Repealed.]

Note: section 143, previously "Rape," was repealed by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 6.

144. [Repealed.]

Note: section 144, previously "Punishment for rape," was repealed by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 6.

145. [Repealed.]

Note: section 145, previously "Attempt to commit rape," was repealed by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 6.

[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 146 or 150 while he is under the age of fourteen years.

Note: section 147 was repealed and replaced with the above by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 7.

148. [Repealed.]

Note: section 148, formerly "Sexual intercourse with feeble-minded, etc.," was repealed by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 8.

149. [Repealed.]

Note: section 149, formerly "Indecent assault on female," was repealed by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 8.

[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 repealed and replaced with the above 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.

156. [Repealed.]

Note: section 156, previously "Indecent assault on male," was repealed by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 9.

[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 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 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 person in a common bawdy-house or house of assignation,
        (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 or house of assignation,
        (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 is liable to imprisonment for ten years.
    [Presumption]
    (2) Evidence that a 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 evidence to the contrary, proof that the person 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: subsections 195(1) and (2) were amended by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 13.


PART VI
OFFENCES AGAINST THE PERSON AND REPUTATION

Note: sections 244 to 246 were amended by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 19. This section introduced the new offences of "Sexual assault," "Sexual assault with a weapon, threats to a third party or causing bodily harm," and "Aggravated sexual assault." Section 246, "Assaulting a peace officer," has been left out of this website because it is not related to sexual assault.

Assaults

[Assault]
244. (1) A person commits an assault when
        (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
        (b) he attempts or threatens, by an act or gesture, to apply force to another person, if he has, or causes that other person to believe upon reasonable grounds that he has, present ability to effect his purpose; or
        (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
    [Application]
    (2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.
    [Consent]
    (3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of
        (a) the application of force to the complainant or to a person other than the complainant;
        (b) threats or fear of the application of force to the complainant or to a person other than the complainant;
        (c) fraud; or
        (d) the exercise of authority.
    [Accused's belief as to consent]
    (4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused's belief, to consider the presence or absence of reasonable grounds for that belief.

Note: section 244 was amended by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 19.

[Assault]
245. Every one who commits an assault is guilty of
    (a) an indictable offence and is liable to imprisonment for five years; or
    (b) an offence punishable on summary conviction.

Note: section 245 was amended by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 19.

[Assault with a weapon or causing bodily harm]
245.1 (1) Every one who, in committing an assault,
        (a) carries, uses or threatens to use a weapon or an imitation thereof, or
        (b) causes bodily harm to the complainant,
is guilty of an indictable offence and is liable to imprisonment for ten years.
    [Definition of "bodily harm"]
    (2) For the purposes of this section and sections 245.3 and 246.2, "bodily harm" means any hurt or injury to the complainant that interferes with his or her health or comfort and that is more than merely transient or trifling in nature.

Note: section 245.1 was added by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 19.

[Aggravated assault]
245.2 (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.
    [Punishment]
    (2) Every one who commits an aggravated assault is guilty of an indictable offence and is liable to imprisonment for fourteen years.

Note: section 245.2 was added by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 19.

[Unlawfully causing bodily harm]
245.3 Every one who unlawfully causes bodily harm to any person is guilty of an indictable offence and is liable to imprisonment for ten years.

Note: section 245.3 was added by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 19.

[Sexual assault]
246.1 (1) Every one who commits a sexual assault is guilty of
        (a) an indictable offence and is liable to imprisonment for ten years; or
        (b) an offence punishable on summary conviction.
    [No defence]
    (2) Where an accused is charged with an offence under subsection (1) or section 246.2 or 246.3 in respect of a person under the age of fourteen years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge unless the accused is less than three years older than the complainant.

Note: section 246.1 was added by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 19.

[Sexual assault with a weapon, threats to a third party or causing bodily harm]
246.2 Every one who, in committing a sexual assault,
    (a) carries, uses or threatens to use a weapon or an imitation thereof,
    (b) threatens to cause bodily harm to a person other than the complainant,
    (c) causes bodily harm to the complainant, or
    (d) is a party to the offence with any other person,
is guilty of an indictable offence and is liable to imprisonment for fourteen years.

Note: section 246.2 was added by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 19.

[Aggravated sexual assault]
246.3 (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.
    [Punishment]
    (2) Every one who commits an aggravated sexual assault is guilty of an indictable offence and is liable to imprisonment for life.

Note: section 246.3 was added by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 19.

[Corroboration not required]
246.4 Where an accused is charged with an offence under section 150 (incest), 157 (gross indecency), 246.1 (sexual assault), 246.2 (sexual assault with a weapon, threats to a third party or causing bodily harm) or 246.3 (aggravated sexual assault), no corroboration is required for a conviction and the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration.

Note: section 246.4 was added by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 19.

[Rules respecting recent complaint abrogated]
246.5 The rules relating to evidence of recent complaint in sexual assault cases are hereby abrogated.

Note: section 246.5 was added by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 19.

[No evidence concerning sexual activity]
246.6 (1) In proceedings in respect of an offence under section 246.1, 246.2 or 246.3, no evidence shall be adduced by or on behalf of the accused concerning the sexual activity of the complainant with any person other than the accused unless
        (a) it is evidence that rebuts evidence of the complainant's sexual activity or absence thereof that was previously adduced by the prosecution;
        (b) it is evidence of specific instances of the complainant's sexual activity tending to establish the identity of the person who had sexual contact with the complainant on the occasion set out in the charge; or
        (c) it is evidence of sexual activity that took place on the same occasion as the sexual that forms the subject-matter of the charge, where that evidence relates to the consent that the accused alleges he believed was given by the complainant.
    [Notice]
    (2) No evidence is admissible under paragraph (1)(c) unless
        (a) reasonable notice in writing has been given to the prosecutor by or on behalf of the accused of his intention to adduce the evidence together with particulars of the evidence sought to be adduced; and
        (b) a copy of the notice has been filed with the clerk of the court.
    [Hearing]
    (3) No evidence is admissible under subsection (1) unless the judge, magistrate or justice, after holding a hearing in which the jury and the members of the public are excluded and in which the complainant is not a compellable witness, is satisfied that the requirements of this section are met.
    [Publication prohibited]
    (4) The notice given under subsection (2) and the evidence taken, the information given or the representations made at a hearing referred to in subsection (3) shall not be published in any newspaper or broadcast.
    [Offence]
    (5) Every one who, without lawful excuse the proof of which lies upon him, contravenes subsection (4) is guilty of an offence punishable on summary conviction.
    [Definition of "newspaper"]
    (6) In this section, "newspaper" has the same meaning as in section 261.

Note: section 246.6 was added by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 19.

[Reputation evidence]
246.7 In proceedings in respect of an offence under section 246.1, 246.2 or 246.3, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant.

Note: section 246.7 was added by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 19.

[Spouse may be charged]
246.8 A husband or wife may be charged with an offence under section 246.1, 246.2 or 246.3 in respect of his or her spouse whether or not the spouses were living together at the time the activity that forms the subject-matter of the charge occurred.

Note: section 246.8 was added by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 19.

Kidnapping and Abduction

248. [Repealed.]

Note: section 248, previously "Abduction of female," was repealed by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 20.

[Abduction of person under sixteen]
249. (1) Every one who, without lawful authority, takes or causes to be taken an unmarried person under the age of sixteen years out of the possession of and against the will of the parent or guardian of that person or of any other person who has the lawful care or charge of that person is guilty of an indictable offence and is liable to imprisonment for five years.
    [Definition of "guardian"]
    (2) In this section and sections 250 to 250.2, "guardian" includes any person who has in law or in fact the custody or control of another person.

Note: section 249 was amended by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 20. Sections 250, 250.1 and 250.2 are "Abduction of person under fourteen," "Abduction in contravention of custody order," and "Abduction where no custody order," respectively. They have been omitted from this website because they are not directly related to sexual assault.

[Defence]
250.4 No one shall be found guilty of an offence under sections 249 to 250.2 if the court is satisfied that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was necessary to protect the young person from danger of imminent harm.

Note: section 250.4 was added by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 20.

[No defence]
250.5 In proceedings in respect of an offence under sections 249 to 250.2, it is not a defence to any charge that a young person consented to or suggested any conduct of the accused.

Note: section 250.5 was added by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 20.


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 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 section 246.4 and the prosecutor or the accused makes an application for an order under subsection (1), 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 cases, the reason for not making an order.
    [Order restricting publication]
    (3) Where an accused is charged with an offence mentioned in section 246.4, the presiding judge, magistrate or justice may, or if application is made by the complainant or prosecutor, shall, make an order directing that the identity of the complainant and any information that could disclose the identity of the complainant shall not be published in any newspaper or broadcast.
    [Right of complainant]
    (3.1) The presiding judge, magistrate or justice shall, at the first reasonable opportunity, inform the complainant of the right to make an application for an order under subsection (3).
    [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: subsections 442(2) and (3) were amended by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 25.


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 and the headings preceding sections 687 to 690 were repealed and substituted with the following by the Criminal Law Amendment Act, 1977, S.C. 1976-77, c. 53, s. 14.

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 or attempt to commit an offence mentioned in section 246.1 (sexual assault), 246.2 (sexual assault with a weapon, threats to a third party or causing bodily harm) or 246.3 (aggravated sexual assault).

Note: paragraph (b) of the definition in section 687 of "serious personal injury offence" was amended by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 26.


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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