Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Forgery

• 241.4 (1) Everyone commits an offence who commits forgery in relation to a request for medical assistance in dying.

• Marginal note:Destruction of documents

  (2) Everyone commits an offence who destroys a document that relates to a request for medical assistance in dying with intent to interfere with

  • (a) another person’s access to medical assistance in dying;

  • (b) the lawful assessment of a request for medical assistance in dying; or

  • (c) another person invoking an exemption under any of subsections 227(1) or (2), 241(2) to (5) or 245(2).

• Marginal note:Punishment

  (3) Everyone who commits an offence under subsection (1) or (2) is liable

  • (a) on conviction on indictment, to a term of imprisonment of not more than five years; or

  • (b) on summary conviction, to a term of imprisonment of not more than 18 months.

• Definition of document

  (4) In subsection (2), document has the same meaning as in section 321.

Neglect in Child-birth and Concealing Dead Body

Marginal note:Neglect to obtain assistance in child-birth

242 A female person who, being pregnant and about to be delivered, with intent that the child shall not live or with intent to conceal the birth of the child, fails to make provision for reasonable assistance in respect of her delivery is, if the child is permanently injured as a result thereof or dies immediately before, during or in a short time after birth, as a result thereof, guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years.

Marginal note:Concealing body of child

243 Every one who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Bodily Harm and Acts and Omissions Causing Danger to the Person

Marginal note:Discharging firearm with intent

• 244 (1) Every person commits an offence who discharges a firearm at a person with intent to wound, maim or disfigure, to endanger the life of or to prevent the arrest or detention of any person — whether or not that person is the one at whom the firearm is discharged.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable

  • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of

    • (i) in the case of a first offence, five years, and

    • (ii) in the case of a second or subsequent offence, seven years; and

  • (b) in any other case, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of four years.

• Marginal note:Subsequent offences

  (3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or 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 this section;

  • (b) an offence under subsection 85(1) or (2) or section 244.2; or

  • (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

  However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

• Marginal note:Sequence of convictions only

  (4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

Marginal note:Causing bodily harm with intent — air gun or pistol

244.1 Every person who, with intent

• (a) to wound, maim or disfigure any person,

• (b) to endanger the life of any person, or

• (c) to prevent the arrest or detention of any person,

discharges an air or compressed gas gun or pistol at any person, whether or not that person is the person mentioned in paragraph (a), (b) or (c), is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Marginal note:Discharging firearm — recklessness

• 244.2 (1) Every person commits an offence

  • (a) who intentionally discharges a firearm into or at a place, knowing that or being reckless as to whether another person is present in the place; or

  • (b) who intentionally discharges a firearm while being reckless as to the life or safety of another person.

• Definition of place

  (2) For the purpose of paragraph (1)(a), place means any building or structure — or part of one — or any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.

• Marginal note:Punishment

  (3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and

  • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of or in association with a criminal organization, is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of

    • (i) five years, in the case of a first offence, and

    • (ii) seven years, in the case of a second or subsequent offence; and

  • (b) in any other case, is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of four years.

• Marginal note:Subsequent offences

  (4) In determining, for the purpose of paragraph (3)(a), whether a convicted person has committed a second or 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 this section;

  • (b) an offence under subsection 85(1) or (2) or section 244; or

  • (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

  However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

• Marginal note:Sequence of convictions only

  (5) For the purpose of subsection (4), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

Marginal note:Administering noxious thing

• 245 (1) Every one who administers or causes to be administered to any person or causes any person to take poison or any other destructive or noxious thing is guilty of an indictable offence and liable

  • (a) to imprisonment for a term not exceeding fourteen years, if he intends thereby to endanger the life of or to cause bodily harm to that person; or

  • (b) to imprisonment for a term not exceeding two years, if he intends thereby to aggrieve or annoy that person.

• Marginal note:Exemption

  (2) Subsection (1) does not apply to

  • (a) a medical practitioner or nurse practitioner who provides medical assistance in dying in accordance with section 241.2; and

  • (b) a person who does anything for the purpose of aiding a medical practitioner or nurse practitioner to provide medical assistance in dying in accordance with section 241.2.

• Marginal note:Definitions

  (3) In subsection (2), medical assistance in dying, medical practitioner and nurse practitioner have the same meanings as in section 241.1.