Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2013-05-26 and last amended on 2013-03-27. Previous Versions

Marginal note:Punishment for high treason

  • 47. (1) Every one who commits high treason is guilty of an indictable offence and shall be sentenced to imprisonment for life.

  • Marginal note:Punishment for treason

    (2) Every one who commits treason is guilty of an indictable offence and liable

    • (a) to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(a), (c) or (d);

    • (b) to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while a state of war exists between Canada and another country; or

    • (c) to be sentenced to imprisonment for a term not exceeding fourteen years if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while no state of war exists between Canada and another country.

  • Marginal note:Corroboration

    (3) No person shall be convicted of high treason or treason 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.

  • Marginal note:Minimum punishment

    (4) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by subsection (1) is a minimum punishment.

  • R.S., c. C-34, s. 47;
  • 1974-75-76, c. 105, s. 2.
Marginal note:Limitation

  • 48. (1) No proceedings for an offence of treason as defined by paragraph 46(2)(a) shall be commenced more than three years after the time when the offence is alleged to have been committed.

  • Marginal note:Information for treasonable words

    (2) No proceedings shall be commenced under section 47 in respect of an overt act of treason expressed or declared by open and considered speech unless

    • (a) an information setting out the overt act and the words by which it was expressed or declared is laid under oath before a justice within six days after the time when the words are alleged to have been spoken; and

    • (b) a warrant for the arrest of the accused is issued within ten days after the time when the information is laid.

  • R.S., c. C-34, s. 48;
  • 1974-75-76, c. 105, s. 29.

Prohibited Acts

Marginal note:Acts intended to alarm Her Majesty or break public peace

49. Every one who wilfully, in the presence of Her Majesty,

  • (a) does an act with intent to alarm Her Majesty or to break the public peace, or

  • (b) does an act that is intended or is likely to cause bodily harm to Her Majesty,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 49.