42. [Repealed, 2012, c. 9, s. 2]

Marginal note:Correction of child by force

43. Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances.

44. [Repealed, 2001, c. 26, s. 294]

Marginal note:Surgical operations

45. Every one is protected from criminal responsibility for performing a surgical operation on any person for the benefit of that person if

• (a) the operation is performed with reasonable care and skill; and

• (b) it is reasonable to perform the operation, having regard to the state of health of the person at the time the operation is performed and to all the circumstances of the case.

Marginal note:High treason

• 46. (1) Every one commits high treason who, in Canada,

  • (a) kills or attempts to kill Her Majesty, or does her any bodily harm tending to death or destruction, maims or wounds her, or imprisons or restrains her;

  • (b) levies war against Canada or does any act preparatory thereto; or

  • (c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are.

• Marginal note:Treason

  (2) Every one commits treason who, in Canada,

  • (a) uses force or violence for the purpose of overthrowing the government of Canada or a province;

  • (b) without lawful authority, communicates or makes available to an agent of a state other than Canada, military or scientific information or any sketch, plan, model, article, note or document of a military or scientific character that he knows or ought to know may be used by that state for a purpose prejudicial to the safety or defence of Canada;

  • (c) conspires with any person to commit high treason or to do anything mentioned in paragraph (a);

  • (d) forms an intention to do anything that is high treason or that is mentioned in paragraph (a) and manifests that intention by an overt act; or

  • (e) conspires with any person to do anything mentioned in paragraph (b) or forms an intention to do anything mentioned in paragraph (b) and manifests that intention by an overt act.

• Marginal note:Canadian citizen

  (3) Notwithstanding subsection (1) or (2), a Canadian citizen or a person who owes allegiance to Her Majesty in right of Canada,

  • (a) commits high treason if, while in or out of Canada, he does anything mentioned in subsection (1); or

  • (b) commits treason if, while in or out of Canada, he does anything mentioned in subsection (2).

• Marginal note:Overt act

  (4) Where it is treason to conspire with any person, the act of conspiring is an overt act of treason.