(c.) abets any person in commission of the offence; or (d.) counsels or procures any person to commit the offence. 2. If several persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of such common purpose, the commission of which offence was, or ought to have been known to be a probable consequence of the prosecution of such common purpose. than the com 62. Every one who counsels or procures another to be a Offence con party to an offence of which that other is afterwards guilty is mitted other a party to that offence, although it may be committed in a offence inway different from that which was counselled or suggested. tended. 2. Every one who counsels or procures another to be a party to an offence is a party to every offence which that other commits in consequence of such counselling or procuring, and which the person counselling or procuring knew, or ought to have known, to be likely to be committed in consequence of such counselling or procuring. 63. An accessory after the fact to an offence is one who Accessory receives, comforts or assists any one who has been a party to after the fact. such offence in order to enable him to escape, knowing him to have been a party thereto. 2. No married person whose husband or wife has been a party to an offence shall become an accessory after the fact thereto by receiving, comforting or assisting the other of them, and no married woman whose husband has been a party to an offence shall become an accessory after the fact thereto, by receiving, comforting or assisting in his presence and by his authority any other person who has been a party to such offence in order to enable her husband or such other person to escape. 64. Every one who, having an intent to commit an offence, Attempts. does or omits an act for the purpose of accomplishing his object is guilty of an attempt to commit the offence intended whether under the circumstances it was possible to commit such offence or not. 2. The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law. Treason. TITLE II. OFFENCES AGAINST PUBLIC ORDER, INTERNAL PART IV. TREASON AND OTHER OFFENCES AGAINST THE 65. Treason is (a.) the act of killing Her Majesty, or doing her any bodily harm tending to death or destru tion, maim or wounding, and the act of imprisoning or restraining her; or (b.) the forming and manifesting by an overt act an intention to kill Her Majesty, or to do her any bodily harm tending to death or destruction, maim or wounding, or to imprison or to restrain her; or (c.) the act of killing the eldest son and heir apparent of Her Majesty, or the Queen consort of any King of the United Kingdom of Great Britain and Ireland; or (d.) the forming and manifesting, by an overt act, an intention to kill the eldest son and heir apparent of Her Majesty, or the Queen consort of any King of the United Kingdom of Great Britain and Ireland; or (e.) conspiring with any person to kill Her Majesty, or to do her any bodily harm tending to death or destruction, maim or wounding, or conspiring with any person to imprison or restrain her; or (f) levying war against Her Majesty either (i) with intent to depose Her Majesty from the style, honour and royal name of the Imperial Crown of the United Kingdom of Great Britain and Ireland or of any other of Her Majesty's dominions or countries; (ii) in order, by force or constraint, to compel Her Majesty to change her measures or counsels, or in order to intimidate or overawe both Houses or either House of Parliament of the United Kingdom or of Canada; or (g.) conspiring to levy war against Her Majesty with any such intent or for any such purpose as aforesaid; or (h) instigating any foreigner with force to invade the said United Kingdom or Canada or any other of the dominions of Her Majesty; or (1.) assisting any public enemy at war with Her Majesty in such war by any means whatsoever; or (j.) violating, whether with her consent or not, a Queen consort, or the wife of the eldest son and heir apparent, for the time being, of the King or Queen regnant. 2. Every one who commits treason is guilty of an indictable offence and liable to suffer death. 66. In every case in which it is treason to conspire with Conspiracy. any person for any purpose the act of so conspiring, and every overt act of any such conspiracy, is an overt act of treason. 67. Every one is guilty of an indictable offence and liable Accessories to two years' imprisonment who (a.) becomes an accessory after the fact to treason; or (b.) knowing that any person is about to commit treason does not. with all reasonable despatch, give information thereof to a justice of the peace, or use other reasonable endeavours to prevent the commission of the same. 68. Every subject or citizen of any foreign state or country at peace with Her Majesty, who— (a.) is or continues in arms against Her Majesty within Canada; or (b.) commits any act of hostility therein; or (c.) enters Canada with intent to levy war against Her Majesty, or to commit any indictable offence therein for which any person would, in Canada, be liable to suffer death; and after the fact. Subjects Every subject of Her Majesty within Canada who(d.) levies war against Her Majesty in company with assisting. any of the subjects or citizens of any foreign state or country at peace with Her Majesty; or (e) enters Canada in company with any such subjects or citizens with intent to levy war against Her Majesty, or to commit any such offence therein; or (f) with intent to aid and assist, joins himself to any person who has entered Canada with intent to levy war against Her Majesty, or to commit any such offence thereinis guilty of an indictable offence and liable to suffer death. R.S C., c. 146, ss. 6 and 7. offences. 69. Every one is guilty of an indictable offence and liable Treasonable to imprisonment for life who forms any of the intentions hereinafter mentioned, and manifests any such intention by conspiring with any person to carry it into effect, or by any other overt act, or by publishing any printing or writing; that is to say— (a.) an intention to depose Her Majesty from the style, honour and royal name of the Imperial Crown of the United Kingdom of Great Britain and Ireland, or of any other of Her Majesty's dominions or countries; (b.) an intention to levy war against Her Majesty within any part of the said United Kingdom, or of Canada, in order by force or constraint to compel her to change her measures or counsels, or in order to put any force or constraint upon or in order to intimidate or overawe both Houses or either House of Parliament of the United Kingdom or of Canada; (c.) Conspiracy tc intimidate a legislature. Assaults on the Queen. Inciting to mutiny. Enticing soldiers or sailors to desert. (c.) an intention to move or stir any foreigner or stranger with force to invade the said United Kingdom, or Canada, or any other of Her Majesty's dominions or countries under the authority of Her Majesty. R.S.C., c. 146, s. 3. 70. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who confederates, combines or conspires with any person to do any act of violence in order to intimidate, or to put any force or constraint upon, any Legislative Council, Legislative Assembly or House of Assembly. R.S.C., c. 146, s. 4. 71. Every one is guilty of an indictable offence and liable to seven years' imprisonment, and to be whipped once, twice or thrice as the court directs, who (a.) wilfully produces, or has near Her Majesty, any arm or destructive or dangerous thing with intent to use the same to injure the person of, or to alarm, Her Majesty; or (b.) wilfully and with intent to alarm or to injure Her Majesty, or to break the public peace: (i.) points, aims or presents at or near Her Majesty any firearm, loaded or not, or any other kind of arm; (ii) discharges at or near Her Majesty any loaded arm; (iii) discharges any explosive material near Her Majesty; (iv) strikes, or strikes at, Her Majesty in any manner whatever; (v.) throws anything at or upon Her Majesty; or (c.) attempts to do any of the things specified in paragraph (b) of this section. 72. Every one is guilty of an indictable offence and liable to imprisonment for life who, for any traitorous or mutinous purpose, endeavours to seduce any person serving in Her Majesty's forces by sea or land from his duty and allegiance to Her Majesty, or to incite or stir up any such person to commit any traitorous or mutinous practice. 73. Every one is guilty of an indictable offence who, not being an enlisted soldier in Her Majesty's service, or a seaman in Her Majesty's naval service (a.) by words or with money, or by any other means whatsoever, directly or indirectly persuades or procures, or goes about or endeavours to persuade, prevail on or procure, any such seaman or soldier to desert from or leave Her Majesty's military or naval service; or (b.) conceals, receives or assists any deserter from Her Majesty's military or naval service, knowing him to be such deserter. 2. The offender may be prosecuted by indictment, or summarily before two justices of the peace. In the former case he is liable to fine and imprisonment in the discretion of the court, and in the latter to a penalty not exceeding two hun dred dred dollars, and not less than eighty dollars and costs, and in default of payment to imprisonment for any term not exceeding six months. R.S.C., c. 169, ss. 1 and 4. warrant for 74. Every one who resists the execution of any warrant Resisting authorizing the breaking open of any building to search for execution of any deserter from Her Majesty's military or naval service is arrest of deguilty of an offence and liable, on summary conviction serters. before two justices of the peace, to a penalty of eighty dollars. R.S.C., c. 169, s. 7. tiamen or 75. Every one is guilty of an offence and liable, on sum- Enticing milimary conviction, to six months' imprisonment with or with- members of out hard labour, who the North (a) persuades any man who has been enlisted to serve in police force to any corps of militia, or who is a member of or has engaged desert. to serve in the North-west mounted police force, to desert, or attempts to procure or persuade any such man to desert; or (b.) knowing that any such man is about to desert, aids or assists him in deserting; or (c.) knowing any such man is a deserter, conceals such man or aids or assists in his rescue. R.S.C., c. 41, s. 109; 52 V., c. 25, s. 4. 76. In the two following sections, unless the context Interpretaotherwise requires (a.) Any reference to a place belonging to Her Majesty includes a place belonging to any department of the Government of the United Kingdom, or of the Government of Canada, or of any province, whether the place is or is not actually vested in Her Majesty ; (b.) Expressions referring to communications include any communication, whether in whole or in part, and whether the document, sketch, plan, model or information itself or the substance or effect thereof only be communicated; (c.) The expression "document" includes part of a document; (d.) The expression "model" includes design, pattern and specimen ; (e.) The expression "sketch" includes any photograph or other mode of expression of any place or thing; (f.) The expression "office under Her Majesty," includes any office or employment in or under any department of the Government of the United Kingdom, or of the Government of Canada or of any province. 53 V., c. 10, s. 5. tion. communica 77. Every one is guilty of an indictable offence and liable Unlawfully obtaining and to imprisonment for one year, or to a fine not exceeding one hundred dollars, or to both imprisonment and fine, who- ting official in(a.) for the purpose of wrongfully obtaining information formation. |