Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Abduction of person under age of 14

281 Every person who, not being the parent, guardian or person having the lawful care or charge of a person under the age of 14 years, unlawfully takes, entices away, conceals, detains, receives or harbours that person with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

• (b) an offence punishable on summary conviction.

Marginal note:Abduction in contravention of custody or parenting order

• 282 (1) Every one who, being the parent, guardian or person having the lawful care or charge of a child under the age of 14 years, takes, entices away, conceals, detains, receives or harbours that child, in contravention of a custody order or a parenting order made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that child, of the possession of that child is guilty of

  • (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

  • (b) an offence punishable on summary conviction.

• Marginal note:If no belief in validity of custody order or parenting order

  (2) If a count charges an offence under subsection (1) and the offence is not proven only because the accused did not believe that there was a valid custody order or parenting order but the evidence does prove an offence under section 283, the accused may be convicted of an offence under that section.

Marginal note:Abduction

• 283 (1) Everyone who, being the parent, guardian or person having the lawful care or charge of a child under the age of 14 years, takes, entices away, conceals, detains, receives or harbours that child, whether or not there is an order referred to in subsection 282(1) in respect of the child , with intent to deprive a parent, guardian or any other person who has the lawful care or charge of that child, of the possession of that child, is guilty of

  • (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

  • (b) an offence punishable on summary conviction.

• Marginal note:Consent required

  (2) No proceedings may be commenced under subsection (1) without the consent of the Attorney General or counsel instructed by him for that purpose.

Marginal note:Defence

284 No one shall be found guilty of an offence under sections 281 to 283 if he establishes that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was done with the consent of the parent, guardian or other person having the lawful possession, care or charge of that young person.

Marginal note:Defence

285 No one shall be found guilty of an offence under sections 280 to 283 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 or if the person charged with the offence was escaping from danger of imminent harm.

Marginal note:No defence

286 In proceedings in respect of an offence under sections 280 to 283, it is not a defence to any charge that a young person consented to or suggested any conduct of the accused.

Commodification of Sexual Activity

Marginal note:Obtaining sexual services for consideration

• 286.1 (1) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than five years and a minimum punishment of,

    • (i) in the case where the offence is committed in a public place, or in any place open to public view, that is or is next to a park or the grounds of a school or religious institution or that is or is next to any other place where persons under the age of 18 can reasonably be expected to be present,

      • (A) for a first offence, a fine of  $2,000, and

      • (B) for each subsequent offence, a fine of  $4,000, or

    • (ii) in any other case,

      • (A) for a first offence, a fine of  $1,000, and

      • (B) for each subsequent offence, a fine of  $2,000; or

  • (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,

    • (i) in the case referred to in subparagraph (a)(i),

      • (A) for a first offence, a fine of  $1,000, and

      • (B) for each subsequent offence, a fine of  $2,000, or

    • (ii) in any other case,

      • (A) for a first offence, a fine of  $500, and

      • (B) for each subsequent offence, a fine of  $1,000.

• Marginal note:Obtaining sexual services for consideration from person under 18 years

  (2) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person under the age of 18 years is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of

  • (a) for a first offence, six months; and

  • (b) for each subsequent offence, one year.

• Marginal note:Subsequent offences

  (3) In determining, for the purpose of subsection (2), whether a convicted person has committed a subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

  • (a) an offence under that subsection; or

  • (b) an offence under subsection 212(4) of this Act, as it read from time to time before the day on which this subsection comes into force.

• Marginal note:Sequence of convictions only

  (4) In determining, for the purposes of this section, whether a convicted person has committed a subsequent offence, the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences, whether any offence occurred before or after any conviction or whether offences were prosecuted by indictment or by way of summary conviction proceedings.

• Definitions of place and public place

  (5) For the purposes of this section, place and public place have the same meaning as in subsection 197(1).

Marginal note:Material benefit from sexual services

• 286.2 (1) Every person who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 286.1(1), is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

  • (b) an offence punishable on summary conviction.

• Marginal note:Material benefit from sexual services provided by person under 18 years

  (2) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 286.1(2), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of two years.

• Marginal note:Presumption

  (3) For the purposes of subsections (1) and (2), evidence that a person lives with or is habitually in the company of a person who offers or provides sexual services for consideration is, in the absence of evidence to the contrary, proof that the person received a financial or other material benefit from those services.

• Marginal note:Exception

  (4) Subject to subsection (5), subsections (1) and (2) do not apply to a person who receives the benefit

  • (a) in the context of a legitimate living arrangement with the person from whose sexual services the benefit is derived;

  • (b) as a result of a legal or moral obligation of the person from whose sexual services the benefit is derived;

  • (c) in consideration for a service or good that they offer, on the same terms and conditions, to the general public; or

  • (d) in consideration for a service or good that they do not offer to the general public but that they offered or provided to the person from whose sexual services the benefit is derived, if they did not counsel or encourage that person to provide sexual services and the benefit is proportionate to the value of the service or good.

• Marginal note:No exception

  (5) Subsection (4) does not apply to a person who commits an offence under subsection (1) or (2) if that person

  • (a) used, threatened to use or attempted to use violence, intimidation or coercion in relation to the person from whose sexual services the benefit is derived;

  • (b) abused a position of trust, power or authority in relation to the person from whose sexual services the benefit is derived;

  • (c) provided a drug, alcohol or any other intoxicating substance to the person from whose sexual services the benefit is derived for the purpose of aiding or abetting that person to offer or provide sexual services for consideration;

  • (d) engaged in conduct, in relation to any person, that would constitute an offence under section 286.3; or

  • (e) received the benefit in the context of a commercial enterprise that offers sexual services for consideration.

• Marginal note:Aggravating factor

  (6) If a person is convicted of an offence under this section, the court that imposes the sentence shall consider as an aggravating factor the fact that that person received the benefit in the context of a commercial enterprise that offers sexual services for consideration.

Marginal note:Procuring

• 286.3 (1) Everyone who procures a person to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.1(1), recruits, holds, conceals or harbours a person who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

• Marginal note:Procuring — person under 18 years

  (2) Everyone who procures a person under the age of 18 years to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.1(2), recruits, holds, conceals or harbours a person under the age of 18 who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of five years.

Marginal note:Advertising sexual services

286.4 Everyone who knowingly advertises an offer to provide sexual services for consideration is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Marginal note:Immunity — material benefit and advertising

• 286.5 (1) No person shall be prosecuted for

  • (a) an offence under section 286.2 if the benefit is derived from the provision of their own sexual services; or

  • (b) an offence under section 286.4 in relation to the advertisement of their own sexual services.

• Marginal note:Immunity — aiding, abetting, etc.

  (2) No person shall be prosecuted for aiding, abetting, conspiring or attempting to commit an offence under any of sections 286.1 to 286.4 or being an accessory after the fact or counselling a person to be a party to such an offence, if the offence relates to the offering or provision of their own sexual services.

Abortion

287 [Repealed, 2019, c. 25, s. 111]

288 [Repealed, 2018, c. 29, s. 28]

Venereal Diseases

289 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 41]

Offences Against Conjugal Rights

Marginal note:Bigamy

• 290 (1) Every one commits bigamy who

  • (a) in Canada,

    • (i) being married, goes through a form of marriage with another person,

    • (ii) knowing that another person is married, goes through a form of marriage with that person, or

    • (iii) on the same day or simultaneously, goes through a form of marriage with more than one person; or

  • (b) being a Canadian citizen resident in Canada leaves Canada with intent to do anything mentioned in subparagraphs (a)(i) to (iii) and, pursuant thereto, does outside Canada anything mentioned in those subparagraphs in circumstances mentioned therein.

• Marginal note:Matters of defence

  (2) No person commits bigamy by going through a form of marriage if

  • (a) that person in good faith and on reasonable grounds believes that his spouse is dead;

  • (b) the spouse of that person has been continuously absent from him for seven years immediately preceding the time when he goes through the form of marriage, unless he knew that his spouse was alive at any time during those seven years;

  • (c) that person has been divorced from the bond of the first marriage; or

  • (d) the former marriage has been declared void by a court of competent jurisdiction.

• Marginal note:Incompetency no defence

  (3) Where a person is alleged to have committed bigamy, it is not a defence that the parties would, if unmarried, have been incompetent to contract marriage under the law of the place where the offence is alleged to have been committed.

• Marginal note:Validity presumed

  (4) Every marriage or form of marriage shall, for the purpose of this section, be deemed to be valid unless the accused establishes that it was invalid.

• Marginal note:Act or omission by accused

  (5) No act or omission on the part of an accused who is charged with bigamy invalidates a marriage or form of marriage that is otherwise valid.