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Criminal Code

Version of section 794 from 2003-01-01 to 2018-12-12:


Marginal note:No need to negative exception, etc.

  •  (1) No exception, exemption, proviso, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information.

  • Marginal note:Burden of proving exception, etc.

    (2) The burden of proving that an exception, exemption, proviso, excuse or qualification prescribed by law operates in favour of the defendant is on the defendant, and the prosecutor is not required, except by way of rebuttal, to prove that the exception, exemption, proviso, excuse or qualification does not operate in favour of the defendant, whether or not it is set out in the information.

  • R.S., c. C-34, s. 730

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