Any text in
italics is
annotation by
myself, not part of the
criminal code.
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Index
Definition of "
property"
428. In this Part, "property" means real or personal corporeal property.
R.S., c. C-34, s. 385.
Wilfully causing event to
occur
Either doing something, or not doing something that you should have.
429. (1) Every one who causes the
occurrence of an event by doing an act or by omitting to do an act that it is his duty to do, knowing that the act or omission will probably cause the occurrence of the event and being
reckless whether the event occurs or not, shall be deemed, for the purposes of this Part, wilfully to have caused the occurrence of the event.
Colour of right
(2) No person shall be convicted of an offence under sections 430 to 446 where he proves that he acted with
legal justification or excuse and with colour of right.
Interest
Just because you own some of it doesn"t mean you can smash it.
(3) Where it is an offence to
destroy or to
damage anything,
(a) the fact that a person has a partial interest in what is destroyed or damaged does not prevent him from being guilty of the offence if he caused the destruction or damage; and
(b) the fact that a person has a total interest in what is destroyed or damaged does not prevent him from being guilty of the offence if he caused the destruction or damage with intent to defraud.
R.S., c. C-34, s. 386.
Mischief
Mischief
430. (1) Every one commits mischief who wilfully
(a) destroys or damages property;
(b)
renders property dangerous, useless,
inoperative or
ineffective;
(c)
obstructs, interrupts or interferes with the
lawful use,
enjoyment or operation of property; or
(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.
Mischief in relation to
data
This would probably relate to most computer viruses.
(1.1) Every one commits mischief who wilfully
(a) destroys or alters data;
(b) renders data
meaningless, useless or ineffective;
(c) obstructs, interrupts or interferes with the lawful use of data; or
(d) obstructs, interrupts or interferes with any person in the lawful use of data or denies access to data to any person who is entitled to access thereto.
Punishment
(2) Every one who commits mischief that causes
actual danger to life is guilty of an indictable offence and liable to imprisonment for life.
Punishment
Destroying a will, or valuable stuff.
(3) Every one who commits mischief in relation to property that is a
testamentary instrument or the value of which exceeds five thousand dollars
(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.
Idem
(4) Every one who commits mischief in relation to property, other than property described in subsection (3),
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
Idem
(5) Every one who commits mischief in relation to data
(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.
Offence
(5.1) Every one who wilfully does an act or wilfully omits to do an act that it is his
duty to do, if that act or omission is likely to constitute
mischief causing actual danger to life, or to constitute mischief in relation to property or data,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on
summary conviction.
Saving
Striking is allowed.
(6) No person commits mischief within the meaning of this section by reason only that
(a) he stops work as a result of the failure of his
employer and himself to agree on any matter relating to his
employment;
(b) he stops work as a result of the
failure of his employer and a
bargaining agent acting on his behalf to agree on any matter relating to his employment; or
(c) he stops work as a result of his taking part in a
combination of workmen or employees for their own reasonable protection as workmen or employees.
Idem
(7) No person commits mischief within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating
information.
Definition of "data"
(8) In this section, "data" has the same meaning as in section 342.1.
R.S., 1985, c. C-46, s. 430; R.S., 1985, c. 27 (1st Supp.), s. 57; 1994, c. 44, s. 28.
Attack on
premises,
residence or
transport of internationally protected person
Attacking a diplomat, ambassador, head of state, head of government, the pope, etc.
431. Every one who commits an attack on the official premises, private accommodation or means of transport of an internationally protected person that is likely to endanger the life or liberty of such person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., 1985, c. C-46, s. 431; R.S., 1985, c. 27 (1st Supp.), s. 58.
432. Repealed, R.S., 1985, c. 27 (1st Supp.), s. 58
Arson and Other
Fires
Arson -- disregard for
human life
433. Every person who intentionally or recklessly causes
damage by fire or
explosion to property, whether or not that person owns the property, is guilty of an indictable offence and liable to
imprisonment for life where
(a) the person knows that or is reckless with respect to whether the property is
inhabited or occupied; or
(b) the fire or explosion causes bodily harm to another person.
R.S., 1985, c. C-46, s. 433; 1990, c. 15, s. 1.
Arson -- damage to property
434. Every person who intentionally or recklessly causes damage by fire or explosion to property that is not wholly owned by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., 1985, c. C-46, s. 434; 1990, c. 15, s. 1.
Arson -- own property
Still can"t burn down your own house if it might burn down your neighbour"s as well. Or if your in-laws are visiting.
434.1 Every person who intentionally or recklessly causes damage by fire or explosion to property that is owned, in whole or in part, by that person is guilty of an
indictable offence and liable to imprisonment for a term not exceeding fourteen years, where the fire or explosion seriously threatens the health, safety or property of another person.
1990, c. 15, s. 1.
Arson for fraudulent purpose
435. (1) Every person who, with intent to defraud any other person, causes damage by fire or explosion to property, whether or not that person owns, in whole or in part, the property, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Holder or beneficiary of fire insurance policy
Woo insurance fraud.
(2) Where a person is charged with an offence under subsection (1), the fact that the person was the holder of or was named as a beneficiary under a policy of fire insurance relating to the property in respect of which the offence is alleged to have been committed is a fact from which intent to
defraud may be inferred by the court.
R.S., 1985, c. C-46, s. 435; 1990, c. 15, s. 1.
Arson by
negligence
436. (1) Every person who owns, in whole or in part, or controls property is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years where, as a result of a marked departure from the standard of care that a reasonably
prudent person would use to prevent or control the spread of fires or to prevent explosions, that person is a cause of a fire or explosion in that property that causes bodily harm to another person or damage to property.
Non-compliance with
prevention laws
(2) Where a person is charged with an offence under subsection (1), the fact that the person has failed to comply with any law respecting the prevention or control of fires or explosions in the property is a fact from which a marked departure from the standard of care referred to in that subsection may be
inferred by the court.
R.S., 1985, c. C-46, s. 436; 1990, c. 15, s. 1.
Possession of
incendiary material
Cross 'Junior"s First Fire Starter Kit' off your Christmas list.
436.1 Every person who possesses any incendiary material, incendiary
device or explosive substance for the purpose of committing an offence under any of sections 433 to 436 is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
1990, c. 15, s. 1.
Other Interference with Property
False alarm of fire
Yelling fire in a crowded theatre.
437. Every one who wilfully, without reasonable cause, by
outcry, ringing bells, using a
fire alarm,
telephone or
telegraph, or in any other manner, makes or circulates or causes to be made or circulated an alarm of fire is guilty of
(a) an indictable offence and is liable to
imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
R.S., c. C-34, s. 393; 1972, c. 13, s. 31.
Interfering with saving of wrecked
vessel
You"d have to be a real dick to do this.
438. (1) Every one who wilfully prevents or
impedes, or who wilfully
endeavours to
prevent or impede,
(a) the saving of a vessel that is wrecked,
stranded,
abandoned or in
distress, or
(b) a person who attempts to save a vessel that is wrecked, stranded, abandoned or in distress,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Interfering with saving of wreck
(2) Every one who wilfully prevents or impedes or wilfully endeavours to prevent or impede the saving of wreck is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 394.
Interfering with marine signal, etc.
Trying your boat to a buoy.
439. (1) Every one who makes
fast a vessel or boat to a signal,
buoy or other sea-mark that is used for purposes of
navigation is guilty of an offence punishable on summary conviction.
Idem
And sinking a buoy.
(2) Every one who wilfully
alters,
removes or
conceals a signal, buoy or other sea-mark that is used for purposes of navigation is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
R.S., c. C-34, s. 395.
Removing natural bar without permission
440. Every one who wilfully and without the written permission of the
Minister of Transport, the
burden of proof of which lies on the
accused, removes any stone, wood, earth or other material that forms a natural bar necessary to the existence of a public
harbour, or that forms a natural protection to such a bar, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 396.
Occupant injuring building
Wrecking a place when you"re renting it.
441. Every one who, wilfully and to the prejudice of a
mortgagee or an
owner, pulls down, demolishes or removes all or any part of a dwelling-house or other building of which he is in
possession or occupation, or severs from the
freehold any fixture fixed
therein or
thereto, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 397.
Interfering with
boundary lines
442. Every one who wilfully pulls down, defaces, alters or removes anything planted or set up as the boundary line or part of the boundary line of land is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 398.
Interfering with
international boundary marks, etc.
Hah, that"d be cool to go pick up the US border and move it 10 meters.
443. (1) Every one who wilfully pulls down, defaces, alters or removes
(a) a boundary mark lawfully placed to mark any international,
provincial,
county or
municipal boundary, or
(b) a boundary mark lawfully placed by a land
surveyor to mark any limit, boundary or angle of a
concession,
range, lot or parcel of land,
is guilty of an indictable offence and liable to
imprisonment for a term not exceeding five years.
Saving provision
(2) A land surveyor does not commit an offence under subsection (1) where, in his operations as a land surveyor,
(a) he takes up, when necessary, a boundary mark mentioned in paragraph (1)(b) and carefully replaces it as it was before he took it up; or
(b) he takes up a boundary mark mentioned in paragraph (1)(b) in the course of surveying for a highway or other work that, when completed, will make it
impossible or impracticable for that boundary mark to occupy its original position, and he
establishes a
permanent record of the original position sufficient to permit that position to be ascertained.
R.S., c. C-34, s. 399.
Cattle and Other Animals
Injuring or endangering cattle
444. Every one who wilfully
(a) kills, maims, wounds,
poisons or
injures cattle, or
(b) places poison in such a
position that it may easily be
consumed by cattle,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 400.
Injuring or endangering other animals
445. Every one who wilfully and without lawful excuse
(a) kills, maims, wounds, poisons or injures
dogs,
birds or
animals that are not cattle and are kept for a lawful purpose, or
(b) places poison in such a position that it may easily be consumed by dogs, birds or animals that are not cattle and are kept for a lawful purpose,
is guilty of an offence punishable on summary
conviction.
R.S., c. C-34, s. 401.
Cruelty to Animals
Causing
unnecessary suffering
Those poor little animals.
446. (1) Every one commits an offence who
(a) wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or a bird;
(b) by wilful neglect causes damage or injury to animals or birds while they are being driven or conveyed;
(c) being the owner or the person having the custody or control of a domestic animal or a bird or an animal or a bird wild by nature that is in captivity, abandons it in distress or wilfully neglects or fails to provide suitable and adequate food, water, shelter and care for it;
(d) in any manner encourages, aids or assists at the fighting or baiting of animals or birds;
Cockfighting!
(e) wilfully, without reasonable excuse, administers a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or a bird wild by nature that is kept in captivity or, being the owner of such an animal or a bird, wilfully permits a
poisonous or an
injurious drug or substance to be
administered to it;
(f) promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which
captive birds are liberated by hand, trap,
contrivance or any other means for the purpose of being shot when they are liberated; or
(g) being the owner, occupier or person in charge of any premises, permits the premises or any part thereof to be used for a purpose mentioned in paragraph (f).
Punishment
(2) Every one who commits an offence under subsection (1) is guilty of an offence punishable on summary conviction.
Failure to exercise reasonable care as evidence
Causing harm by just not giving a shit.
(3) For the purposes of proceedings under paragraph (1)(a) or (b), evidence that a person failed to exercise reasonable care or supervision of an animal or a bird thereby causing it pain, suffering, damage or injury is, in the absence of any evidence to the contrary, proof that the pain, suffering, damage or injury was caused or was permitted to be caused wilfully or was caused by wilful neglect, as the case may be.
Presence at baiting as evidence
(4) For the purpose of proceedings under paragraph (1)(d), evidence that an accused was
present at the fighting or baiting of animals or birds is, in the
absence of any evidence to the
contrary, proof that he
encouraged,
aided or
assisted at the fighting or baiting.
Order of
prohibition
What, don"t birds count as animals anymore? Silly lawmakers.
(5) Where an accused is convicted of an offence under subsection (1), the court may, in addition to any other sentence that may be imposed for the offence, make an order prohibiting the accused from owning or having the custody or control of an
animal or a bird during any period not exceeding two years.
Breach of order
(6) Every one who owns or has the custody or control of an animal or a bird while he is prohibited from doing so by reason of an order made under subsection (5) is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 402; 1974-75-76, c. 93, s. 35.
Keeping cock-pit
No not THAT kind of a cock-pit!
447. (1) Every one who builds, makes, maintains or keeps a cockpit on premises that he owns or occupies, or allows a cockpit to be built, made, maintained or kept on such premises is guilty of an offence punishable on summary conviction.
Confiscation
(2) A peace officer who finds cocks in a cockpit or on premises where a cockpit is located shall
seize them and take them before a justice who shall order them to be destroyed.
R.S., c. C-34, s. 403.
Next
Part XII
Offences Relating to Currency