PART II OFFENCES AGAINST PUBLIC ORDER
Treason and other Offences against the Queen’s Authority and Person
Marginal note:High treason
Prohibited Acts
Marginal note:Acts intended to alarm Her Majesty or break public peace
49. Every one who wilfully, in the presence of Her Majesty,
Assisting alien enemy to leave Canada, or omitting to prevent treason
my emphasis in the first section.
The law is there, let's start USING it!
Treason and other Offences against the Queen’s Authority and Person
Marginal note:High treason
- 46. (1) Every one commits high treason who, in Canada,
- (a) kills or attempts to kill Her Majesty, or does her any bodily harm tending to death or destruction, maims or wounds her, or imprisons or restrains her;
- (b) levies war against Canada or does any act preparatory thereto; or
- (c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are.
- Marginal note:Treason
(2) Every one commits treason who, in Canada,- (a) uses force or violence for the purpose of overthrowing the government of Canada or a province;
- (b) without lawful authority, communicates or makes available to an agent of a state other than Canada, military or scientific information or any sketch, plan, model, article, note or document of a military or scientific character that he knows or ought to know may be used by that state for a purpose prejudicial to the safety or defence of Canada;
- (c) conspires with any person to commit high treason or to do anything mentioned in paragraph (a);
- (d) forms an intention to do anything that is high treason or that is mentioned in paragraph (a) and manifests that intention by an overt act; or
- (e) conspires with any person to do anything mentioned in paragraph (b) or forms an intention to do anything mentioned in paragraph (b) and manifests that intention by an overt act.
- Marginal note:Canadian citizen
(3) Notwithstanding subsection (1) or (2), a Canadian citizen or a person who owes allegiance to Her Majesty in right of Canada,- (a) commits high treason if, while in or out of Canada, he does anything mentioned in subsection (1); or
- (b) commits treason if, while in or out of Canada, he does anything mentioned in subsection (2).
- Marginal note:Overt act
(4) Where it is treason to conspire with any person, the act of conspiring is an overt act of treason.
- 47. (1) Every one who commits high treason is guilty of an indictable offence and shall be sentenced to imprisonment for life.
- Marginal noteunishment for treason
(2) Every one who commits treason is guilty of an indictable offence and liable- (a) to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(a), (c) or (d);
- (b) to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while a state of war exists between Canada and another country; or
- (c) to be sentenced to imprisonment for a term not exceeding fourteen years if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while no state of war exists between Canada and another country.
- Marginal note:Corroboration
(3) No person shall be convicted of high treason or treason on the evidence of only one witness, unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused. - Marginal note:Minimum punishment
(4) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by subsection (1) is a minimum punishment.
Prohibited Acts
Marginal note:Acts intended to alarm Her Majesty or break public peace
49. Every one who wilfully, in the presence of Her Majesty,
- (a) does an act with intent to alarm Her Majesty or to break the public peace, or
- (b) does an act that is intended or is likely to cause bodily harm to Her Majesty,
Assisting alien enemy to leave Canada, or omitting to prevent treason
- 50. (1) Every one commits an offence who
- (a) incites or wilfully assists a subject of
- (i) a state that is at war with Canada, or
- (ii) a state against whose forces Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the state whose forces they are,
- (b) knowing that a person is about to commit high treason or treason does not, with all reasonable dispatch, inform a justice of the peace or other peace officer thereof or make other reasonable efforts to prevent that person from committing high treason or treason.
- (a) incites or wilfully assists a subject of
- Marginal noteunishment
(2) Every one who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
- R.S., c. C-34, s. 50;
- 1974-75-76, c. 105, s. 29.
my emphasis in the first section.
The law is there, let's start USING it!