Criminal Code (R.S.C., 1985, c. C-46)

747 [Repealed, 1995, c. 22, s. 6]

Pardons and Remissions

Marginal note:To whom pardon may be granted

• 748 (1) Her Majesty may extend the royal mercy to a person who is sentenced to imprisonment under the authority of an Act of Parliament, even if the person is imprisoned for failure to pay money to another person.

• Marginal note:Free or conditional pardon

  (2) The Governor in Council may grant a free pardon or a conditional pardon to any person who has been convicted of an offence.

• Marginal note:Effect of free pardon

  (3) Where the Governor in Council grants a free pardon to a person, that person shall be deemed thereafter never to have committed the offence in respect of which the pardon is granted.

• Marginal note:Punishment for subsequent offence not affected

  (4) No free pardon or conditional pardon prevents or mitigates the punishment to which the person might otherwise be lawfully sentenced on a subsequent conviction for an offence other than that for which the pardon was granted.

Marginal note:Remission by Governor in Council

• 748.1 (1) The Governor in Council may order the remission, in whole or in part, of a fine or forfeiture imposed under an Act of Parliament, whoever the person may be to whom it is payable or however it may be recoverable.

• Marginal note:Terms of remission

  (2) An order for remission under subsection (1) may include the remission of costs incurred in the proceedings, but no costs to which a private prosecutor is entitled shall be remitted.

Marginal note:Royal prerogative

749 Nothing in this Act in any manner limits or affects Her Majesty’s royal prerogative of mercy.

Disabilities

Marginal note:Public office vacated for conviction

• 750 (1) Where a person is convicted of an indictable offence for which the person is sentenced to imprisonment for two years or more and holds, at the time that person is convicted, an office under the Crown or other public employment, the office or employment forthwith becomes vacant.

• Marginal note:When disability ceases

  (2) A person to whom subsection (1) applies is, until undergoing the punishment imposed on the person or the punishment substituted therefor by competent authority or receives a free pardon from Her Majesty, incapable of holding any office under the Crown or other public employment, or of being elected or sitting or voting as a member of Parliament or of a legislature or of exercising any right of suffrage.

• Marginal note:Disability to contract

  (3) No person who is convicted of

  • (a) an offence under section 121, 124 or 418,

  • (b) an offence under section 380 committed against Her Majesty, or

  • (c) an offence under paragraph 80(1)(d), subsection 80(2) or section 154.01 of the Financial Administration Act,

  has, after that conviction, capacity to contract with Her Majesty or to receive any benefit under a contract between Her Majesty and any other person or to hold office under Her Majesty.

• Marginal note:Application for restoration of privileges

  (4) A person to whom subsection (3) applies may, at any time before a record suspension for which he or she has applied is ordered under the Criminal Records Act, apply to the Governor in Council for the restoration of one or more of the capacities lost by the person by virtue of that subsection.

• Marginal note:Order of restoration

  (5) Where an application is made under subsection (4), the Governor in Council may order that the capacities lost by the applicant by virtue of subsection (3) be restored to that applicant in whole or in part and subject to such conditions as the Governor in Council considers desirable in the public interest.

• Marginal note:Removal of disability

  (6) Where a conviction is set aside by competent authority, any disability imposed by this section is removed.

Miscellaneous Provisions

Marginal note:Costs to successful party in case of libel

751 The person in whose favour judgment is given in proceedings by indictment for defamatory libel is entitled to recover from the opposite party costs in a reasonable amount to be fixed by order of the court.

Marginal note:How recovered

751.1 Where costs that are fixed under section 751 are not paid forthwith, the party in whose favour judgment is given may enter judgment for the amount of the costs by filing the order in any civil court of the province in which the trial was held that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the opposite party in the same manner as if it were a judgment rendered against that opposite party in that court in civil proceedings.

PART XXIVDangerous Offenders and Long-term Offenders

Interpretation

Marginal note:Definitions

752 In this Part,

court

court means the court by which an offender in relation to whom an application under this Part is made was convicted, or a superior court of criminal jurisdiction; (tribunal)

designated offence

designated offence means

• (a) a primary designated offence,

• (b) an offence under any of the following provisions:

  • (i) paragraph 81(1)(a) (using explosives),

  • (ii) paragraph 81(1)(b) (using explosives),

  • (iii) section 85 (using firearm or imitation firearm in commission of offence),

  • (iv) section 87 (pointing firearm),

  • (iv.1) section 98 (breaking and entering to steal firearm),

  • (iv.2) section 98.1 (robbery to steal firearm),

  • (v) section 153.1 (sexual exploitation of person with disability),

  • (vi) section 163.1 (child pornography),

  • (vii) section 170 (parent or guardian procuring sexual activity),

  • (viii) section 171 (householder permitting sexual activity by or in presence of child),

  • (ix) section 172.1 (luring child),

  • (ix.1) section 172.2 (agreement or arrangement — sexual offence against child),

  • (x) to (xii) [Repealed, 2014, c. 25, s. 29]

  • (xiii) section 245 (administering noxious thing),

  • (xiv) section 266 (assault),

  • (xv) section 269 (unlawfully causing bodily harm),

  • (xvi) section 269.1 (torture),

  • (xvii) paragraph 270(1)(a) (assaulting peace officer),

  • (xviii) section 273.3 (removal of child from Canada),

  • (xix) subsection 279(2) (forcible confinement),

  • (xx) section 279.01 (trafficking in persons),

  • (xx.1) section 279.011 (trafficking of a person under the age of eighteen years),

  • (xx.2) section 279.02 (material benefit  — trafficking),

  • (xx.3) section 279.03 (withholding or destroying documents  —  trafficking),

  • (xxi) section 279.1 (hostage taking),

  • (xxii) section 280 (abduction of person under age of 16),

  • (xxiii) section 281 (abduction of person under age of 14),

  • (xxiii.1) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),

  • (xxiii.2) section 286.2 (material benefit from sexual services),

  • (xxiii.3) section 286.3 (procuring),

  • (xxiii.4) section 320.13 (dangerous operation),

  • (xxiii.5) subsections 320.14(1), (2) and (3) (operation while impaired),

  • (xxiii.6) section 320.15 (failure or refusal to comply with demand),

  • (xxiii.7) section 320.16 (failure to stop after accident),

  • (xxiii.8) section 320.17 (flight from peace officer),

  • (xxiv) section 344 (robbery), and

  • (xxv) section 348 (breaking and entering with intent, committing offence or breaking out),

• (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:

  • (i) subsection 146(2) (sexual intercourse with female between ages of 14 and 16),

  • (ii) section 148 (sexual intercourse with feeble-minded),

  • (iii) section 166 (parent or guardian procuring defilement), and

  • (iv) section 167 (householder permitting defilement),

• (c.1) an offence under any of the following provisions of this Act, as they read from time to time before the day on which this paragraph comes into force:

  • (i) subsection 212(1) (procuring),

  • (ii) subsection 212(2) (living on the avails of prostitution of person under 18 years),

  • (iii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and

  • (iv) subsection 212(4) (prostitution of person under 18 years); or

• (d) an attempt or conspiracy to commit an offence referred to in paragraph (b), (c) or (c.1); (infraction désignée)

long-term supervision

long-term supervision means long-term supervision ordered under subsection 753(4), 753.01(5) or (6) or 753.1(3) or subparagraph 759(3)(a)(i); (surveillance de longue durée)

primary designated offence

primary designated offence means

• (a) an offence under any of the following provisions:

  • (i) section 151 (sexual interference),

  • (ii) section 152 (invitation to sexual touching),

  • (iii) section 153 (sexual exploitation),

  • (iv) section 155 (incest),

  • (v) section 239 (attempt to commit murder),

  • (vi) section 244 (discharging firearm with intent),

  • (vii) section 267 (assault with weapon or causing bodily harm),

  • (viii) section 268 (aggravated assault),

  • (ix) section 271 (sexual assault),

  • (x) section 272 (sexual assault with weapon, threats to third party or causing bodily harm),

  • (xi) section 273 (aggravated sexual assault), and

  • (xii) subsection 279(1) (kidnapping),

• (b) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983:

  • (i) section 144 (rape),

  • (ii) section 145 (attempt to commit rape),

  • (iii) section 149 (indecent assault on female),

  • (iv) section 156 (indecent assault on male),

  • (v) subsection 245(2) (assault causing bodily harm), and

  • (vi) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in any of subparagraphs (i) to (v) of this paragraph,

• (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:

  • (i) section 246.1 (sexual assault),

  • (ii) section 246.2 (sexual assault with weapon, threats to third party or causing bodily harm), and

  • (iii) section 246.3 (aggravated sexual assault),

• (d) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:

  • (i) subsection 146(1) (sexual intercourse with female under age of 14), and

  • (ii) paragraph 153(1)(a) (sexual intercourse with step-daughter), or

• (e) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a) to (d); (infraction primaire)

serious personal injury offence

serious personal injury offence means

• (a) an indictable offence, other than high treason, treason, first degree murder or second degree murder, involving

  • (i) the use or attempted use of violence against another person, or

  • (ii) conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage on another person,

  and for which the offender may be sentenced to imprisonment for ten years or more, or

• (b) an offence or attempt to commit an offence mentioned in section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm) or 273 (aggravated sexual assault). (sévices graves à la personne)

Dangerous Offenders and Long-Term Offenders

Marginal note:Prosecutor’s duty to advise court

752.01 If the prosecutor is of the opinion that an offence for which an offender is convicted is a serious personal injury offence that is a designated offence and that the offender was convicted previously at least twice of a designated offence and was sentenced to at least two years of imprisonment for each of those convictions, the prosecutor shall advise the court, as soon as feasible after the finding of guilt and in any event before sentence is imposed, whether the prosecutor intends to make an application under subsection 752.1(1).