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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2020-10-05 and last amended on 2020-07-01. Previous Versions

PART VIIIOffences Against the Person and Reputation (continued)

Offences Against Conjugal Rights (continued)

Marginal note:Procuring feigned marriage

  •  (1) Every person who procures or knowingly aids in procuring a feigned marriage between themselves and another person 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:Corroboration

    (2) No person shall be convicted of an offence under this section on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.

  • R.S., 1985, c. C-46, s. 292
  • 2019, c. 25, s. 113

Marginal note:Polygamy

  •  (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

    • (a) practises or enters into or in any manner agrees or consents to practise or enter into any form of polygamy or any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage; or

    • (b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in paragraph (a).

  • Marginal note:Evidence in case of polygamy

    (2) Where an accused is charged with an offence under this section, no averment or proof of the method by which the alleged relationship was entered into, agreed to or consented to is necessary in the indictment or on the trial of the accused, nor is it necessary on the trial to prove that the persons who are alleged to have entered into the relationship had or intended to have sexual intercourse.

  • R.S., 1985, c. C-46, s. 293
  • 2019, c. 25, s. 114

Marginal note:Forced marriage

 Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is marrying against their will 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.

  • 2015, c. 29, s. 9
  • 2019, c. 25, s. 115

Marginal note:Marriage under age of 16 years

 Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years 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.

  • 2015, c. 29, s. 9
  • 2019, c. 25, s. 115

Unlawful Solemnization of Marriage

Marginal note:Pretending to solemnize marriage

 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

  • (a) solemnizes or pretends to solemnize a marriage without lawful authority; or

  • (b) procures a person to solemnize a marriage knowing that he is not lawfully authorized to solemnize the marriage.

  • R.S., 1985, c. C-46, s. 294
  • 2018, c. 29, s. 29
  • 2019, c. 25, s. 116

Marginal note:Marriage contrary to law

 Every person who, being lawfully authorized to solemnize marriage, knowingly solemnizes a marriage in contravention of federal law or the laws of the province in which the marriage is solemnized is guilty of

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

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 295
  • 2015, c. 29, s. 10
  • 2019, c. 25, s. 117

 [Repealed, 2018, c. 29, s. 30]

Defamatory Libel

Definition of newspaper

 In sections 303, 304 and 308, newspaper means any paper, magazine or periodical containing public news, intelligence or reports of events, or any remarks or observations thereon, printed for sale and published periodically or in parts or numbers, at intervals not exceeding thirty-one days between the publication of any two such papers, parts or numbers, and any paper, magazine or periodical printed in order to be dispersed and made public, weekly or more often, or at intervals not exceeding thirty-one days, that contains advertisements, exclusively or principally.

  • R.S., c. C-34, s. 261

Marginal note:Definition

  •  (1) A defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published.

  • Marginal note:Mode of expression

    (2) A defamatory libel may be expressed directly or by insinuation or irony

    • (a) in words legibly marked on any substance; or

    • (b) by any object signifying a defamatory libel otherwise than by words.

  • R.S., c. C-34, s. 262

Marginal note:Publishing

 A person publishes a libel when he

  • (a) exhibits it in public;

  • (b) causes it to be read or seen; or

  • (c) shows or delivers it, or causes it to be shown or delivered, with intent that it should be read or seen by any person other than the person whom it defames.

  • R.S., 1985, c. C-46, s. 299
  • 2018, c. 29, s. 31

Marginal note:Punishment of libel known to be false

 Every person who publishes a defamatory libel that they know is false 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.

  • R.S., 1985, c. C-46, s. 300
  • 2019, c. 25, s. 118

Marginal note:Punishment for defamatory libel

 Every person who publishes a defamatory libel is guilty of

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

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 301
  • 2019, c. 25, s. 118

Marginal note:Extortion by libel

  •  (1) Every one commits an offence who, with intent

    • (a) to extort money from any person, or

    • (b) to induce a person to confer on or procure for another person an appointment or office of profit or trust,

    publishes or threatens to publish or offers to abstain from publishing or to prevent the publication of a defamatory libel.

  • Marginal note:Idem

    (2) Every one commits an offence who, as the result of the refusal of any person to permit money to be extorted or to confer or procure an appointment or office of profit or trust, publishes or threatens to publish a defamatory libel.

  • Marginal note:Punishment

    (3) Every person who commits an offence under this section 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.

  • R.S., 1985, c. C-46, s. 302
  • 2019, c. 25, s. 119
 
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