Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Hearing — jury and public excluded

• 278.31 (1) The jury and the public shall be excluded from a hearing to determine whether the record or therapeutic record, or part of it, is admissible under subsection 278.29(2).

• Marginal note:Complainant not compellable

  (2) The complainant is not a compellable witness at the hearing but may appear and make submissions.

• Marginal note:Right to counsel

  (3) The judge, provincial court judge or justice shall, as soon as feasible, inform the complainant who participates in the hearing of their right to be represented by counsel.

• Marginal note:Determination and reasons

  (4) At the conclusion of the hearing, the judge, provincial court judge or justice shall determine whether the record or therapeutic record, or part of it, is admissible under subsection 278.29(2) and shall provide reasons for that determination, and

  • (a) if not all of the record or therapeutic record is to be admitted, the reasons must state the part of it that is to be admitted;

  • (b) the reasons must state the factors referred to in subsection 278.29(3) that affected the determination;

  • (c) if all or any part of the record is to be admitted, the reasons must state the manner in which that it is expected to be relevant to an issue at trial; and

  • (d) if all or any part of the therapeutic record is to be admitted, the reasons must state how it is likely to raise a reasonable doubt as to the accused’s guilt and why the judge is of the opinion that there is no other evidence that is capable of raising a reasonable doubt as to the accused’s guilt.

• Marginal note:Record of reasons

  (5) The reasons provided under subsection (4) must be entered in the record of the proceedings or, if the proceedings are not recorded, shall be provided in writing.

Marginal note:Publication prohibited

• 278.32 (1) A person shall not publish in any document, or broadcast or transmit in any way, any of the following:

  • (a) the contents of an application made under subsection 278.3(1);

  • (b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 278.3(1) or at a hearing under section 278.31;

  • (c) the decision of a judge, provincial court judge or justice under subsection 278.3(5), unless the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the decision may be published, broadcast or transmitted;

  • (d) the determination made and the reasons provided under subsection 278.31(4), unless that determination is that evidence is admissible or the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and the reasons may be published, broadcast or transmitted.

• Marginal note:Exception

  (1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (d) is

  • (a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community;

  • (b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or

  • (c) made by the complainant or any witness when the purpose of the disclosure is not one of making the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness.

• Marginal note:Offence

  (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.

Marginal note:Instruction to jury — use of evidence

278.33 If evidence is admitted at trial on the basis of a determination made under subsection 278.31(4), the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence.

Marginal note:Appeal

278.34 For the purposes of sections 675 and 676, a determination made under subsection 278.31(4) is deemed to be a question of law.

Joint Application

Marginal note:Admissibility of record

• 278.35 (1) The prosecutor and the accused, together with the complainant or any witness to which a record, or part of it, relates, may jointly apply to the judge before whom the accused is to be, or is being, tried for a determination as to whether the record, or any part of it, is admissible under subsection 278.29(2) without holding a hearing under section 278.31.

• Marginal note:Form and content

  (2) The application must be made in writing and signed by the applicants and must set out the detailed particulars of the record or part and

  • (a) the relevance of that record or part to an issue at trial;

  • (b) if the admissibility of the record or part is subject to section 276, how it meets the conditions set out in subsection 276(2) while taking into account the factors set out in subsection 278.29(3);

  • (c) that the record or part has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice; and

  • (d) any information the applicants consider necessary to assist the judge when the judge takes into account the factors referred to in subsection 278.29(3).

• Marginal note:Copy to clerk

  (3) A copy of the application must be filed with the clerk of the court at least 60 days before the trial.

• Marginal note:Determination and reasons

  (4) The judge, provincial court judge or justice shall, in the absence of the applicants, and without holding a hearing, consider the application and make a determination no later than 30 days after the day on which the application is made as to whether the evidence, or part of it, is admissible under subsection 278.29(2) and shall provide reasons for that determination, and

  • (a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;

  • (b) the reasons must state the factors referred to in subsection 276(3) or 278.29(3) that affected the determination; and

  • (c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.

• Marginal note:Power to grant application or hold hearing

  (5) If the judge, provincial court judge or justice is satisfied that the record, or part of it, is admissible under subsection 278.29(2), the judge, provincial court judge or justice shall grant the application. If the judge, provincial court judge or justice is not so satisfied, they shall hold a hearing under section 278.31 to determine whether the evidence is admissible under subsection 278.29(2).

• Marginal note:Use of evidence

  (6) If the record, or part of it, is determined to be admissible, the judge, provincial court judge or justice shall direct the applicants as to the uses that they may and may not make of that record or part.

• Marginal note:For greater certainty — therapeutic record

  (7) For greater certainty, this section does not apply to a therapeutic record.

• Marginal note:For greater certainty — right to counsel

  (8) For greater certainty, the complainant or any witness has the right to be represented by counsel.

Marginal note:Publication prohibited

• 278.36 (1) A person shall not publish in any document, or broadcast or transmit in any way, any of the following:

  • (a) the contents of an application made under subsection 278.35(1);

  • (b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 278.35(1);

  • (c) the determination made and the reasons provided under section 278.35, unless that determination is that the record or part of it is admissible or the judge, provincial court judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and the reasons may be published, broadcast or transmitted.

• Marginal note:Exception

  (1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (c) is

  • (a) made in the course of the administration of justice when the purpose of the disclosure is not one of making the information known in the community;

  • (b) made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or

  • (c) made by the complainant or any witness when the purpose of the disclosure is not one of making the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness.

• Marginal note:Offence

  (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.

Marginal note:Instruction to jury — use of evidence

278.37 If evidence is admitted at trial on the basis of a determination made under subsection 278.35(4), the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence.

Marginal note:Appeal

278.38 For the purposes of sections 675 and 676, a determination made under subsection 278.35(4) or (5) is deemed to be a question of law.

278.4 [Repealed, 2026, c. 19, s. 34]

278.5 [Repealed, 2026, c. 19, s. 34]

278.6 [Repealed, 2026, c. 19, s. 34]

278.7 [Repealed, 2026, c. 19, s. 34]

278.8 [Repealed, 2026, c. 19, s. 34]

278.9 [Repealed, 2026, c. 19, s. 34]

278.91 [Repealed, 2026, c. 19, s. 34]

278.92 [Repealed, 2026, c. 19, s. 34]

278.93 [Repealed, 2026, c. 19, s. 34]

278.94 [Repealed, 2026, c. 19, s. 34]

278.95 [Repealed, 2026, c. 19, s. 34]

278.96 [Repealed, 2026, c. 19, s. 34]

278.97 [Repealed, 2026, c. 19, s. 34]

Reasons — Certain Proceedings

Marginal note:Reasons

• 278.98 (1) In proceedings in respect of an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, the judge shall provide reasons for a decision that a person is

  • (a) acquitted;

  • (b) found guilty;

  • (c) discharged, after having been found guilty;

  • (d) found not criminally responsible on account of mental disorder; or

  • (e) found unfit to stand trial.

• Marginal note:Historical offences

  (2) Subsection (1) also applies in proceedings for any offence under this Act, as it read from time to time before the day on which this section comes into force, if the conduct alleged would be an offence referred to in subsection (1) if it occurred on or after that day.

• Marginal note:Record of reasons

  (3) The reasons shall be entered in the record of the proceedings or, if the proceedings are not recorded, shall be provided in writing.

• Marginal note:Proceedings before judge

  (4) This section applies only in proceedings before a judge without a jury.

Kidnapping, Trafficking in Persons, Hostage Taking and Abduction

Marginal note:Kidnapping

• 279 (1) Every person commits an offence who kidnaps a person with intent

  • (a) to cause the person to be confined or imprisoned against the person’s will;

  • (b) to cause the person to be unlawfully sent or transported out of Canada against the person’s will; or

  • (c) to hold the person for ransom or to service against the person’s will.

• Marginal note:Punishment

  (1.1) 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 any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life 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;

  • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years;

  • (a.2) if the person referred to in paragraph (1)(a), (b) or (c) is under 16 years of age, to imprisonment for life and, unless the person who commits the offence is a parent, guardian or person having the lawful care or charge of the person referred to in that paragraph, to a minimum punishment of imprisonment for a term of five years; and

  • (b) in any other case, to imprisonment for life.

• Marginal note:Subsequent offences

  (1.2) In determining, for the purpose of paragraph (1.1)(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 subsection (1);

  • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

  • (c) an offence under section 220, 236, 239, 272, 273, 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:Factors to consider

  (1.21) In imposing a sentence under paragraph (1.1)(a.2), the court shall take into account the age and vulnerability of the victim.

• Marginal note:Sequence of convictions only

  (1.3) For the purposes of subsection (1.2), 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:Forcible confinement

  (2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of

  • (a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or

  • (b) an offence punishable on summary conviction.

• (3) [Repealed, 2018, c. 29, s. 26]