Criminal Code (R.S.C., 1985, c. C-46)

AMENDMENTS NOT IN FORCE

• — 2015, c. 16, s. 3

  • 3 The Act is amended by adding the following after section 279.04:

    • Sentences to be served consecutively

      279.05 A sentence imposed on a person for an offence under sections 279.01 to 279.03 shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under any of those sections.

• — 2018, c. 16, s. 190

  • Bill C-28

    190 If Bill C-28, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (victim surcharge), receives royal assent, then, on the first day on which both subsection 2(1) of that Act and section 222 of this Act are in force, subsection 737(1) of the Criminal Code is replaced by the following:

    • Victim surcharge

      • 737 (1) Subject to subsection (1.1), an offender who is convicted, or discharged under section 730, of an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act shall pay a victim surcharge for each offence, in addition to any other punishment imposed on the offender.

• — 2018, c. 21, ss. 51(1), (2)

  • Bill C-39

    • 51 (1) Subsections (2) and (3) apply if Bill C-39, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts (in this section referred to as the other Act), receives royal assent.

    • (2) If subsections 7(1) and (3) of this Act come into force before subsections 10(3) and (4) of the other Act, then those subsections 10(3) and (4) are deemed never to have come into force and are repealed.

• — 2018, c. 29, s. 79

  • Bill C-39

    • 79 (1) Subsections (2) and (3) apply if Bill C-39, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts (in this section referred to as the other Act), receives royal assent.

    • (2) If section 66 of this Act comes into force before section 20 of the other Act, then that section 20 is repealed.

• — 2018, c. 29, s. 80

  • Bill C-337

    • 80 (1) Subsection (2) applies if Bill C-337, introduced in the 1st session of the 42nd Parliament and entitled the Judicial Accountability through Sexual Assault Law Training Act (in this section referred to as the other Act), receives royal assent.

    • (2) On the first day on which both section 25 of this Act and section 5 of the other Act are in force, section 278.92 of the Criminal Code, as enacted by section 5 of the other Act, is renumbered as section 278.98 and is repositioned accordingly.

• — 2021, c. 2, s. 1(2.1)

  • • 1 (2.1) Subsection 241.2(2.1) of the Act is repealed.

• — 2023, c. 28, s. 35

  • 35 Section 743.2 of the Act is replaced by the following:

    • Report by court to Correctional Service

      743.2 A court that sentences or commits a person to penitentiary shall forward to the Correctional Service of Canada its reasons and recommendation relating to the sentence or committal, any relevant reports that were submitted to the court, any other information relevant to administering the sentence or committal and the name and contact information for any victim who wishes to receive information under the Corrections and Conditional Release Act.

• — 2024, c. 23, s. 1

  • • 1 (1) The portion of subsection 163.1(1) of the Criminal Code before paragraph (a) is replaced by the following:

      • Definition of child sexual abuse and exploitation material

        • 163.1 (1) In this section, child sexual abuse and exploitation material means

    • (2) Subsections 163.1(2) and (3) of the Act are replaced by the following:

      • Making child sexual abuse and exploitation material

        (2) Every person who makes, prints, publishes or possesses for the purpose of publication any child sexual abuse and exploitation material 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 one year.

      • Distribution, etc. of child sexual abuse and exploitation material

        (3) Every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child sexual abuse and exploitation material 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 one year.

    • (3) The portion of subsection 163.1(4) of the Act before paragraph (a) is replaced by the following:

      • Possession of child sexual abuse and exploitation material

        (4) Every person who possesses any child sexual abuse and exploitation material is guilty of

    • (4) The portion of subsection 163.1(4.1) of the Act before paragraph (a) is replaced by the following:

      • Accessing child sexual abuse and exploitation material

        (4.1) Every person who accesses any child sexual abuse and exploitation material is guilty of

    • (5) Subsection 163.1(4.2) of the Act is replaced by the following:

      • Interpretation

        (4.2) For the purposes of subsection (4.1), a person accesses child sexual abuse and exploitation material who knowingly causes child sexual abuse and exploitation material to be viewed by, or transmitted to, himself or herself.

    • (6) Subsection 163.1(5) of the Act is replaced by the following:

      • Defence

        (5) It is not a defence to a charge under subsection (2) in respect of a visual representation that the accused believed that a person shown in the representation that is alleged to constitute child sexual abuse and exploitation material was or was depicted as being eighteen years of age or more unless the accused took all reasonable steps to ascertain the age of that person and took all reasonable steps to ensure that, where the person was eighteen years of age or more, the representation did not depict that person as being under the age of eighteen years.

• — 2024, c. 23, s. 2

  • • 2 (1) Paragraph 164(1)(d) of the Act is replaced by the following:

      • (d) the representation, written material or recording, copies of which are kept in premises within the jurisdiction of the court, is child sexual abuse and exploitation material as defined in section 163.1;

    • (2) Subsections 164(3) to (5) of the Act are replaced by the following:

      • Owner and maker may appear

        (3) The owner and the maker of the matter seized under subsection (1), and alleged to be obscene, child sexual abuse and exploitation material, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, may appear and be represented in the proceedings to oppose the making of an order for the forfeiture of the matter.

      • Order of forfeiture

        (4) If the court is satisfied, on a balance of probabilities, that the publication, representation, written material or recording referred to in subsection (1) is obscene, child sexual abuse and exploitation material, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, it may make an order declaring the matter forfeited to His Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.

      • Disposal of matter

        (5) If the court is not satisfied that the publication, representation, written material or recording referred to in subsection (1) is obscene, child sexual abuse and exploitation material, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, it shall order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired.

• — 2024, c. 23, s. 3

  • • 3 (1) The portion of subsection 164.1(1) of the Act before paragraph (a) is replaced by the following:

      • Warrant of seizure

        • 164.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material — namely, child sexual abuse and exploitation material as defined in section 163.1, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, or computer data as defined in subsection 342.1(2) that makes child sexual abuse and exploitation material, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy available — that is stored on and made available through a computer system as defined in subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to

    • (2) Subsection 164.1(5) of the Act is replaced by the following:

      • Order

        (5) If the court is satisfied, on a balance of probabilities, that the material is child sexual abuse and exploitation material as defined in section 163.1, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, or computer data as defined in subsection 342.1(2) that makes child sexual abuse and exploitation material, the voyeuristic recording, the intimate image, the advertisement of sexual services or the advertisement for conversion therapy available, it may order the custodian of the computer system to delete the material.

    • (3) Subsection 164.1(7) of the Act is replaced by the following:

      • Return of material

        (7) If the court is not satisfied that the material is child sexual abuse and exploitation material as defined in section 163.1, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, or computer data as defined in subsection 342.1(2) that makes child sexual abuse and exploitation material, the voyeuristic recording, the intimate image, the advertisement of sexual services or the advertisement for conversion therapy available, the court shall order that the electronic copy be returned to the custodian of the computer system and terminate the order under paragraph (1)(b).

• — 2024, c. 23, s. 4

  • 4 The portion of subsection 171.1(5) of the Act before paragraph (a) is replaced by the following:

    • Definition of sexually explicit material

      (5) In subsection (1), sexually explicit material means material that is not child sexual abuse and exploitation material, as defined in subsection 163.1(1), and that is

• — 2024, c. 23, s. 5

  • 5 Subparagraph (a)(xxix) of the definition offence in section 183 of the Act is replaced by the following:

    • (xxix) section 163.1 (child sexual abuse and exploitation material),

• — 2024, c. 23, s. 6

  • 6 Subsection 486.4(3) of the Act is replaced by the following:

    • Child sexual abuse and exploitation material

      (3) In proceedings in respect of an offence under section 163.1, a judge or justice shall make an order directing that any information that could identify a witness who is under the age of eighteen years, or any person who is the subject of a representation, written material or a recording that constitutes child sexual abuse and exploitation material within the meaning of that section, shall not be published in any document or broadcast or transmitted in any way.

• — 2024, c. 23, s. 7

  • 7 Subparagraph (a)(i.8) of the definition primary designated offence in section 487.04 of the Act is replaced by the following:

    • (i.8) section 163.1 (child sexual abuse and exploitation material),

• — 2024, c. 23, s. 8, as amended by 2023, c. 28, s. 48.1

  • 8 Subparagraph (a)(xi) of the definition primary offence in subsection 490.011(1) of the Act is replaced by the following:

    • (xi) section 163.1 (child sexual abuse and exploitation material),

• — 2024, c. 23, s. 9

  • 9 Subsection 672.501(2) of the Act is replaced by the following:

    • Order restricting publication — child sexual abuse and exploitation material

      (2) Where a Review Board holds a hearing referred to in section 672.5 in respect of an accused who has been declared not criminally responsible on account of mental disorder or unfit to stand trial for an offence referred to in section 163.1, a Review Board shall make an order directing that any information that could identify a witness who is under the age of eighteen years, or any person who is the subject of a representation, written material or a recording that constitutes child sexual abuse and exploitation material within the meaning of section 163.1, shall not be published in any document or broadcast or transmitted in any way.

• — 2024, c. 23, s. 10

  • 10 Subparagraph (b)(vi) of the definition designated offence in section 752 of the Act is replaced by the following:

    • (vi) section 163.1 (child sexual abuse and exploitation material),

• — 2024, c. 23, s. 11

  • 11 Paragraph 753.1(2)(a) of the Act is replaced by the following:

    • (a) the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 163.1(2) (making child sexual abuse and exploitation material), 163.1(3) (distribution, etc., of child sexual abuse and exploitation material), 163.1(4) (possession of child sexual abuse and exploitation material) or 163.1(4.1) (accessing child sexual abuse and exploitation material), section 170 (parent or guardian procuring sexual activity), 171 (householder permitting sexual activity), 171.1 (making sexually explicit material available to child), 172.1 (luring a child) or 172.2 (agreement or arrangement — sexual offence against child), subsection 173(2) (exposure) or section 271 (sexual assault), 272 (sexual assault with a weapon), 273 (aggravated sexual assault) or 279.011 (trafficking — person under 18 years) or subsection 279.02(2) (material benefit — trafficking of person under 18 years), 279.03(2) (withholding or destroying documents — trafficking of person under 18 years), 286.1(2) (obtaining sexual services for consideration from person under 18 years), 286.2(2) (material benefit from sexual services provided by person under 18 years) or 286.3(2) (procuring — person under 18 years), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and

• — 2024, c. 23, s. 13

  • Proceedings not invalid

    13 The amendments made by this Act do not affect the validity of any proceedings, brought under the Criminal Code or any other Act of Parliament, that are related to section 163.1 of the Criminal Code and are ongoing on the day on which this Act comes into force. The amendments do not affect the validity of any document related to those proceedings and any reference to “child pornography” in such a document is to be read as a reference to “child sexual abuse and exploitation material”.

• — 2024, c. 33, s. 2

  • 2002, c. 13, s. 66

    2 Subsection 679(7) of the Criminal Code is replaced by the following:

    • Release or detention — miscarriage of justice review

      (7) If the Miscarriage of Justice Review Commission established under subsection 696.71(1) notifies a person under subsection 696.4(5) that their application for review is admissible, this section applies to the release or detention of that person — as though that person were an appellant in an appeal described in paragraph (1)(a) — pending the completion of the review, pending a new trial or hearing directed by the Commission or pending the hearing and determination of a matter referred by the Commission to the court of appeal.

• — 2024, c. 33, s. 3

  • 2002, c. 13, s. 71

    3 Part XXI.1 of the Act is replaced by the following:

    PART XXI.1Miscarriage of Justice Reviews

    Definitions

    • Definitions

      696.1 The following definitions apply in this Part.

      applicant

      applicant, in relation to a miscarriage of justice review application, means the person who is the subject of the finding or verdict in question. (demandeur)

      Commission

      Commission means the Miscarriage of Justice Review Commission established under subsection 696.71(1). (Commission)

      court of appeal

      court of appeal means the court of appeal for the province in which the matter that is the subject of the application was heard. (cour d’appel)

    Application for Review

    • Application for review

      • 696.2 (1) An application for a review on the grounds of miscarriage of justice may be made to the Commission by or on behalf of

        • (a) a person who has been found guilty of an offence under an Act of Parliament or a regulation made under an Act of Parliament, including a person found guilty under the Youth Criminal Justice Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, a person whose plea of guilty has been accepted and a person who has been discharged under section 730;

        • (b) a person who has been found to be a dangerous offender or long-term offender under Part XXIV; or

        • (c) a person who has been the subject of a verdict of not criminally responsible on account of mental disorder under section 672.34.

      • Exhaustion of appeal rights

        (2) For the purposes of subsection 696.4(3), the application must include information indicating whether the person’s rights to appeal the finding or verdict have been exhausted and, if they have not been exhausted, information relevant to the factors referred to in subsection 696.4(4).

    Review

    • Handling of application

      • 696.3 (1) The Commission must deal with an application as expeditiously as possible and provide the applicant with an update concerning the status of their application on a regular basis.

      • Applicant representative

        (2) If a provision of this Part provides that the Commission must notify an applicant or provide them with any information, the notice or information may be provided to a representative of the applicant in addition to or instead of the applicant.

    • Decision on admissibility

      • 696.4 (1) On receipt of an application, the Commission must decide whether it is admissible.

      • Inadmissible application

        (2) The Commission must dismiss the application as inadmissible if it is made by or on behalf of a person who is not described in subsection 696.2(1).

      • Inadmissible application — appeal rights

        (3) The Commission must dismiss the application as inadmissible if

        • (a) the court of appeal has not rendered a final judgment on appeal of the finding or verdict; or

        • (b) an appeal of the finding or verdict lies to the Supreme Court of Canada on a question of law.

      • Exception

        (4) Despite subsection (3), the Commission may decide that the application is admissible even if the finding or verdict was not appealed to the court of appeal or the Supreme Court of Canada. In making the decision, the Commission must take into account

        • (a) the amount of time that has passed since the final judgment of the trial court;

        • (b) the reasons why the finding or verdict was not appealed to the court of appeal or the Supreme Court of Canada;

        • (c) whether it would serve a useful purpose for an application to be made for an extension of the period within which a notice of appeal or a notice of application for leave to appeal, as the case may be, to the court of appeal or the Supreme Court of Canada may be served and filed;

        • (d) whether the application is supported by a new matter of significance that

          • (i) was not considered by the courts or previously considered by the Commission in an application in relation to the same finding or verdict,

          • (ii) requires investigation, and

          • (iii) does not raise only a question of law; and

        • (e) any other factor that it considers relevant.

      • Notice

        (5) The Commission must notify the applicant and the relevant Attorney General of its decision regarding the admissibility of the application.

    • Investigation

      • 696.5 (1) If the Commission has reasonable grounds to believe that a miscarriage of justice may have occurred or considers that it is in the interests of justice to do so, it may conduct an investigation in relation to an application.

      • Notice

        (2) The Commission must send a notice to the applicant and to the relevant Attorney General indicating whether an investigation will be conducted. If the notice indicates that no investigation will be conducted, the notice must also specify a reasonable period within which the applicant and the Attorney General may provide further information to the Commission in relation to the application.

      • Decision after notice

        (3) The Commission may make a decision under section 696.6 without having conducted an investigation only if the period specified in the notice has ended.

      • Powers

        (4) For the purposes of an investigation, the Commission has the powers of a commissioner under Part I of the Inquiries Act.

      • Authorization

        (5) The Commission may, on the terms it considers appropriate, authorize any of its employees, or a person under contract to it who has technical or specialized knowledge, to exercise the Commission’s powers referred to in subsection (4).

      • Investigation report

        (6) The Commission must, after completing an investigation, prepare a report and provide a copy of it to the applicant and the relevant Attorney General.

      • Deadline to respond

        (7) The report must specify a reasonable period within which a written response may be provided to the Commission.

      • Decision after investigation

        (8) After completing the investigation, the Commission may make a decision under section 696.6 only if, within the period specified in the report, it has received either written responses or written confirmation that no responses will be provided by or on behalf of the applicant and by the relevant Attorney General or if that period has ended.

    • Decision

      • 696.6 (1) On completion of a review, the Commission must make, under this section, a decision on the application.

      • Remedies

        (2) If the Commission has reasonable grounds to conclude that a miscarriage of justice may have occurred and considers that it is in the interests of justice to do so, it must

        • (a) direct a new trial before any court that the Commission thinks proper or, in the case of an applicant who was found to be a dangerous offender or long-term offender under Part XXIV, a new hearing under that Part; or

        • (b) refer the matter to the court of appeal for a hearing and determination by that court as if it were an appeal by the applicant.

      • Dismissal of application

        (3) If the Commission does not grant a remedy under subsection (2), it must dismiss the application.

      • Deceased applicant

        (4) If the applicant is deceased, the Commission may only refer the matter to the court of appeal under paragraph (2)(b) or dismiss the application.

      • Factors

        (5) In making its decision, the Commission must take into account

        • (a) whether the application is supported by a new matter of significance that was not considered by the courts or previously considered by the Commission in an application in relation to the same finding or verdict;

        • (b) the relevance and reliability of the information that is presented in connection with the application;

        • (c) the fact that an application is not intended to serve as a further appeal and that the remedies set out in subsection (2) are extraordinary remedies;

        • (d) the personal circumstances of the applicant;

        • (e) the distinct challenges that applicants who belong to certain populations face in obtaining a remedy for a miscarriage of justice, with particular attention to the circumstances of Indigenous or Black applicants; and

        • (f) any other factor that it considers relevant.

      • Innocence

        (6) For greater certainty, the Commission may grant a remedy under subsection (2) even if the evidence does not establish the innocence of the applicant.

      • Notice

        (7) The Commission must notify the applicant and the relevant Attorney General of its decision.

    Court of Appeal Opinion

    • Reference

      696.61 The Commission may, at any time, refer to the court of appeal, for its opinion, any question in relation to an application on which the Commission desires the assistance of that court, and the court must provide its opinion accordingly.

    Parliamentary Review

    • Review of this Part and Part XXI.2

      696.62 As soon as feasible after the fifth anniversary of the day on which this section comes into force and every ten years after that, a review of this Part and Part XXI.2 and of their administration and operation is to be commenced by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

• — 2024, c. 33, s. 5

  • 5 The definition applicant in section 696.7 of the Act is replaced by the following:

    applicant

    applicant has the same meaning as in section 696.1. (demandeur)

• — 2024, c. 33, s. 6

  • 6 Section 696.72 of the Act is replaced by the following:

    • Mandate

      696.72 The Commission’s mandate is to review applications made under Part XXI.1 on the grounds of miscarriage of justice.

• — 2024, c. 33, s. 7

  • Definitions

    7 The following definitions apply in this section and sections 8 to 13.

    applicant

    applicant means the person who is the subject of the finding or verdict in question or their representative. (demandeur)

    commencement day

    commencement day means the day on which section 3 comes into force. (date de référence)

    Commission

    Commission means the Miscarriage of Justice Review Commission established under subsection 696.71(1) of the Criminal Code. (Commission)

    Minister

    Minister means the Minister of Justice. (ministre)

    new scheme

    new scheme means Part XXI.1 of the Criminal Code as it reads on or after the commencement day. (nouveau régime)

    old scheme

    old scheme means Part XXI.1 of the Criminal Code and the Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice as they read immediately before the commencement day. (ancien régime)

• — 2024, c. 33, s. 8

  • Duty of Minister

    8 If an application was made under the old scheme and the Minister has not, before the commencement day, made a decision under subsection 696.3(3) of the Criminal Code, as it read immediately before that day, the Minister must ask the applicant whether they consent to having the application transferred to the Commission to be dealt with in accordance with the new scheme.

• — 2024, c. 33, s. 9

  • Consent within deadline

    9 If the applicant gives, within the time limit fixed by the Minister, written consent to transfer the application, the application is deemed to have been made to the Commission under the new scheme and the Minister is authorized to disclose to the Commission all information pertaining to the application that is under the Minister’s control.

• — 2024, c. 33, s. 10

  • No consent

    • 10 (1) If the applicant, within the time limit fixed by the Minister, does not reply in writing to the Minister or gives a written refusal of consent to transfer the application, subsection (2) or (3) applies.

    • Preliminary assessment completed

      (2) If, before the commencement day, the Minister completed the preliminary assessment of the application required under paragraph 3(b) of the Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice, the old scheme continues to apply in respect of the application.

    • Preliminary assessment not completed

      (3) If the Minister did not complete the preliminary assessment before the commencement day, the application is deemed not to have been made and the applicant may apply to the Commission under the new scheme.

• — 2024, c. 33, s. 11

  • Late consent

    11 An application is deemed to have been made to the Commission under the new scheme and the Minister is authorized to disclose to the Commission all information pertaining to the application that is under the Minister’s control if

    • (a) the applicant gives, after the time limit fixed by the Minister, written consent to transfer the application;

    • (b) the Minister completed the preliminary assessment required under paragraph 3(b) of the Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice before the commencement day; and

    • (c) the Minister receives the consent before having made, under subsection 10(2) of this Act, a decision under subsection 696.3(3) of the Criminal Code, as it read immediately before the commencement day.

• — 2024, c. 33, s. 12

  • Consent irrevocable

    12 Consent that is given in accordance with section 9 or 11 is irrevocable.

• — 2024, c. 33, s. 13

  • Application dismissed by Minister

    13 For greater certainty, the fact that the Minister dismissed an application under the old scheme does not prevent the applicant from applying under the new scheme.