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| 6. (1) Presumption of innocence - Where an enactment creates an offence and authorizes a punishment to be imposed in respect of that offence, | ||
| (a) | a person shall be deemed not to be guilty of the offence until he is convicted or discharged under section 730 of the offence; and | |
| (b) | a person who is convicted or discharged under section 730 of the offence is not liable to any punishment in respect thereof other than the punishment prescribed by this Act or by the enactment that creates the offence. | |
| (2) Offences outside Canada - Subject to this Act or any other Act of Parliament, no person shall be convicted or discharged under section 730 of an offence committed outside Canada. | ||
| (3) Definition of "enactment" - In this section, "enactment" means | ||
| (a) | an Act of Parliament, or | |
| (b) | an Act of the legislature of a province that creates an offence to which Part XXVII applies, | |
| or any regulation made thereunder. | ||
| R.S., 1985, c. C-46, s. 6; R.S., 1985, c. 27 (1st Supp.), s. 4, c. 1 (4th Supp.), s. 18(F); 1995, c. 22, s. 10. | ||
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| 8. (1) Application to territories - The provisions of this Act apply throughout Canada except | ||
| (a) | in the Yukon Territory, in so far as they are inconsistent with the Yukon Act; | |
| (b) | in the Northwest Territories, in so far as they are inconsistent with the Northwest Territories Act; and | |
| (c) | in Nunavut, in so far as they are inconsistent with the Nunavut Act. | |
| (2) Application of criminal law of England - The criminal law of England that was in force in a province immediately before April 1, 1955 continues in force in the province except as altered, varied, modified or affected by this Act or any other Act of the Parliament of Canada. | ||
| (3) Common law principles continued - Every rule and principle of the common law that renders any circumstance a justification or excuse for an act or a defence to a charge continues in force and applies in respect of proceedings for an offence under this Act or any other Act of Parliament except in so far as they are altered by or are inconsistent with this Act or any other Act of Parliament. | ||
| R.S., 1985, c. C-46, s. 8; 1993, c. 28, s. 78. | ||
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| 12. Offence punishable under more than one Act - Where an act or omission is an offence under more than one Act of Parliament, whether punishable by indictment or on summary conviction, a person who does the act or makes the omission is, unless a contrary intention appears, subject to proceedings under any of those Acts, but is not liable to be punished more than once for the same offence. | ||
| R.S., c. C-34, s. 11. | ||
| Judicial Consideration - | ||
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Gingras v The Queen (Commissioner of Penitentiaries)
- Unreported, January 24, 1983, No. T-3336-81 (FCTD)
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| - Section 22(4) of the Penitentiary Act which was in effect from April 1, 1962 to July 1, 1978 and which provided that an inmate who is convicted of escape "forthwith forfeits three Quarters of the statutory remission standing to his credit at the time that the offence was committed" does not create a double penalty contrary of s11 of the Criminal Code. Section 22(4) of the Penitentiary Act is not a sentence but merely the effect of the offence of escape. | ||
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| 17. Compulsion by threats - A person who commits an offence under compulsion by threats of immediate death or bodily harm from a person who is present when the offence is committed is excused for committing the offence if the person believes that the threats will be carried out and if the person is not a party to a conspiracy or association whereby the person is subject to compulsion, but this section does not apply where the offence that is committed is high treason or treason, murder, piracy, attempted murder, sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, aggravated sexual assault, forcible abduction, hostage taking, robbery, assault with a weapon or causing bodily harm, aggravated assault, unlawfully causing bodily harm, arson or an offence under sections 280 to 283 (abduction and detention of young persons). | ||
| R.S., 1985, c. C-46, s. 17; R.S., 1985, c. 27 (1st Supp.), s. 40. | ||
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| 19. Ignorance of the law - Ignorance of the law by a person who commits an offence is not an excuse for committing that offence. | ||
| R.S., c. C-34, s. 19. | ||
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