2ND EDIT. REVISED STATUTES 1906 REMARKS any Act of the Parliament of the United Kingdom having force of law in the province of Ontario, or by any Act of the Parliament of the late province of Upper Canada, or of the province of Canada, still having force of law, or by this Act or any other Act of the Parliament of Canada, and as altered, varied, modified or affected by any such Act shall be the criminal law of the province of Ontario. Added. Sec. 11. To British Columbia. The criminal law of England as it existed on the nineteenth day of November, one thousand eight hundred and fifty eight, in so far as it has not been repealed by any ordinance or Act - still having the force of law of the colony of British Columbia, or the colony of Vancouver Island, passed before the union of the said colonies or of the colony of British Columbia passed since such union, or by this Act or any other Act of the Parliament of Canada, and as altered, varied, modified or affected by any such ordinance or Act, shall be the criminal law of the province of British Columbia. Added. Sec. 12. To Manitoba. The Criminal law of England, as it existed on the fifteenth day of July one thousand eight hundred and seventy, in so far as it is applicable to the province of Manitoba, and in so far as it has not been repealed, as to the Province, by any Act of the Parliament of the United Kingdom, or by this Act or any other Act of the Parliament of Canada, and as altered, varied, modified or affected, as to the Province, by any such Act, shall be the criminal law of the province of Manitoba. Added. EFFECT OF ACT ON REMEDIES. Sec. 534. Sec. 13. Civil Remedy not suspended. Unchanged. Sec. 535. Sec. 14. Distinction between felony and misdemeanor Unchanged. abolished. Sec. 933. Sec. 15. Offences punishable under more than one Act. Where an act or omission constitutes an 2ND EDIT. REVISED STATUTES 1906 REMARKS offence punishable on summary conviction or indictment, under two or more Acts, or both under an Act and at common law, the offender shall, unless the contrary intention appears, be liable to be prosecuted and punished under either or any of such Acts or at common law, but shall not be liable to be punished twice for the same offence. Changed, as here set forth. JUSTIFICATION OR EXCUSE. Sec. 7. Sec. 16. Common law rule in force. Sec. 8. Sec. 9. General Rule. Unchanged. Sec. 17. Children under seven. Sec. 10. Sec. 18. Children between seven and thirteen. No person shall be convicted of an offence by reason of an act or omission of such person, when of the age of seven but under the age of fourteen years, unless he was competent to know the 'nature and consequences of his conduct and to appreciate that it was wrong. Unchanged in the wording of the section but having in the heading or margin the word "thirteen" for "fourteen." A charge of perjury cannot be sustained against a boy under 14, without proof of guilty knowledge by him of wrong doing. (1) Sec. 11. Sec. 19. Insanity. Sec. 12. Sec. 20. Compulsion by threats. Sec. 13. Sec. 21. Compulsion of wife. Sec. 14. Sec. 22. Ignorance of the law. Sec. 23. Execution of sentence. Unchanged. Unchanged. Unchanged. Unchanged. Unchanged. Unchanged. (2) Unchanged. (2) Sec. 15. Ed. 7, c. 8. A warrant affords absolute justification to the officer executing it, if it has been issued by competent authority, and is valid on its face, although the warrant may in fact be bad and although it be set aside by reason of a failure to comply with legal requirements. (3) (1) R. v. Carvery, 11 Can. Cr. Cas., 331 (2) Except that each of these sections is divided into two paragraphs. (3) Sleeth v. Hurlbert, 3 Can. Cr. Cas., 197. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 19. Sec. 27. Sentence or process without jurisdiction. Sec. 20. Sec. 28. Arresting the wrong person. Unchanged. Where a peace officer would be justified by virtue of this section in arresting a person without a warrant, the justification will extend to an arrest in respect of which he held a warrant which was insufficient because of the misnomer of the person intended to be charged. (4) Sec. 21. Sec. 29. Irregular warrant or process. Unchanged. Sec. 22. Sec. 30. Arrest of suspect by peace officer. Unchanged. Sec. 23. Sec. 31. Persons assisting peace officer. Unchanged. Sec. 24. Sec. 32. Arrest of persons found committing certain offences. Unchanged. Sec. 25. Sec. 33. Arrest after commission of certain offences. Sec. 26. Sec. 34. Arrest of person believed to be committing an offence by night. Unchanged. Unchanged. Unchanged. Sec. 35. Arrest by peace officer of person found committing any offence. Sec. 36. Arrest of persons found committing any offence at night; and Arrest by peace officer of any person he finds loitering by night. Sec. 29. Sec. 37. Arrest during flight. Sec. 38. Statutory power of arrest. Sec. 39. Unchanged. Unchanged. Unchanged. Force used in executing warrants, and in making arrests. Unchanged. Sec. 32. Unchanged. Sec. 33. Sec. 41. Peace officer preventing escape. Unchanged. Sec. 34. Sec. 42. Private person preventing escape. Unchanged. Sec. 35. Sec. 43. Preventing escape in other cases. Unchanged. Sec. 36. Sec. 44. Preventing escape or rescue of arrested perSec. 37. Sec. 45.1 Unchanged. Sec. 38. Sec. 46. Preventing breach of the peace. Unchanged. Sec. 39. Sec. 47. Arrest in such case. Unchanged. Sec. 40. Sec. 48. Suppression of riot by magistrate. Unchanged. Sec. 11. Sec. 49. Suppression of riot by persons commanded thereto. Unchanged. Sec. 40. Duty of persons executing warrants, etc. son. Sec. 50. Suppression of riot by persons apprehending serious mischief. Sec. 43. Sec. 51. Protection of persons subject to military law. Unchanged. Unchanged. (4) R. v. Sabeans, 7 Can. Cr. Cas., 498. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 45. Sec. 44. Sec. 52. Using force to prevent the commission of certain offences. Unchanged in effect. Sec. 53. Self defence against unprovoked assault. Unchanged, in effect. Sec. 54. Self defence against provoked assault. Unchanged, in effect. Sec. 47. Sec. 55. Prevention of insulting assault. Unchanged, in effect. Sec. 48. Sec. 56. Defence of moveable property against trespasser; and assault by trespasser. right. Unchanged, in effect. Sec. 49. Sec. 57. Defence of moveable property with claim of Unchanged. Sec. 50. Sec. 58. Defence without claim of right. Unchanged. Sec. 51. Sec. 59. Defence of dwelling house. Sec. 60. Defence of dwelling house at night. Sec. 52. Unchanged. Unchanged. Sec. 53. Sec. 61. Defence of real property. Unchanged, in effect. Sec. 54. Sec. 62. Assertion of right to house or land. Unchanged. Sec. 55. Sec. 63. Correction of child by force. Unchanged. The authority of a school teacher to chastise a pupil is to be regarded as a delegation of parental authority. (5) A school teacher who inflicts upon a pupil unnecessarily severe chastisement is criminally responsible for the excess of force used, although the punishment inflicted occasioned no permanent injury and was inflicted without malice. (6) Sec. 56. Sec. 64. Use of force by master of a ship for maintain ing discipline. Sec. 57. Sec. 65. Surgical operations. Unchanged. Unchanged. Sec. 58. Sec. 66. Excessive force. Unchanged. Sec. 59. Sec. 67. Consent to death. Unchanged. Sec. 60. Sec. 68. Obedience to "de facto" law. Unchanged. PARTIES TO OFFENCES. Sec. 61. Sec. 69. Principals. Unchanged. Sec. 62. Sec. 70. Person counselling an offence afterwards com mitted is a principal. Unchanged. Sec. 63. Sec. 71. Accessory after the fact. Unchanged. Sec. 64. Sec. 72. Attempts. Unchanged. (5) R. v. Robinson, 7 Can. Cr. Cas., 52. (6) R. v. Gaul, 8 Can. Cr. Cas., 178. Sec. 76. Sec. 73. As to information illegally obtained communicated. or Unchanged. TREASON AND OTHER OFFENCES AGAINST THE KING'S AUTHORITY AND PERSON. Sec. 65. Sec. 74. Treason, its definition, and Punishment. Unchanged, in effect. Sec. 66. Sec. 75. Treasonable Conspiracy. Overt act. Sec. 67. Sec. 76. Accessory after the fact to treason. Unchanged. Unchanged. Sec. 68. Sec. 77. Levying War, by subject of a State at peace with His Majesty, and Subjects assisting same. Every subject or citizen of any foreign State or country at peace with His Majesty, who, (a) is or continues in arms against His Ma jesty within Canada; or (b) commits any act of hostility therein; or (c) enters Canada with intent to levy war against His Majesty, or to commit any every subject of His Majesty, who, (c) with intent to aid and assist, joins him- |