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42-43 ELIZABETH II
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CHAPTER 12
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An Act to amend the Criminal Code and the
Coastal Fisheries Protection Act (force)
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[Assented to 12th May, 1994]
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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| R.S., c. C-46;
R.S., cc. 2, 11,
27, 31, 47, 51,
52 (1st
Supp.), cc. 1,
24, 27, 35
(2nd Supp.),
cc. 10, 19, 30,
34 (3rd
Supp.), cc. 1,
23, 29, 30, 31,
32, 40, 42, 50
(4th Supp.);
1989, c. 2;
1990, cc. 15,
16, 17, 44;
1991, cc. 1, 4,
28, 40, 43;
1992, cc. 1,
11, 20, 21, 22,
27, 38, 41, 47,
51; 1993, cc.
7, 25, 28, 34,
37, 40, 45, 46
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1. Subsections 25(3) and (4) of the
Criminal Code are replaced by the
following:
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| When not
protected
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(3) Subject to subsections (4) and (5), a
person is not justified for the purposes of
subsection (1) in using force that is intended or
is likely to cause death or grievous bodily
harm unless the person believes on reasonable
grounds that it is necessary for the
self-preservation of the person or the
preservation of any one under that person's
protection from death or grievous bodily
harm.
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| When
protected
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(4) A peace officer, and every person
lawfully assisting the peace officer, is justified
in using force that is intended or is likely to
cause death or grievous bodily harm to a
person to be arrested, if
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(a) the peace officer is proceeding lawfully
to arrest, with or without warrant, the
person to be arrested;
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(b) the offence for which the person is to be
arrested is one for which that person may be
arrested without warrant;
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(c) the person to be arrested takes flight to
avoid arrest;
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(d) the peace officer or other person using
the force believes on reasonable grounds
that the force is necessary for the purpose of
protecting the peace officer, the person
lawfully assisting the peace officer or any
other person from imminent or future death
or grievous bodily harm; and
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(e) the flight cannot be prevented by
reasonable means in a less violent manner.
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| Power in case
of escape
from
penitentiary
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(5) A peace officer is justified in using force
that is intended or is likely to cause death or
grievous bodily harm against an inmate who
is escaping from a penitentiary within the
meaning of subsection 2(1) of the Corrections
and Conditional Release Act, if
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(a) the peace officer believes on reasonable
grounds that any of the inmates of the
penitentiary poses a threat of death or
grievous bodily harm to the peace officer or
any other person; and
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(b) the escape cannot be prevented by
reasonable means in a less violent manner.
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| R.S., c. C-33;
R.S., c. 31 (1st
Supp.), c. 39
(2nd Supp.);
1990, c. 44;
1992, c. 1
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2. The Coastal Fisheries Protection Act is
amended by adding the following after
section 8:
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| Disabling
force
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8.1 (1) A protection officer is justified in
using, in accordance with the procedures
established and to the extent permitted by the
regulations, force that is intended or is likely
to disable a foreign fishing vessel, if
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(a) the protection officer is proceeding
lawfully to arrest the master or other person
in command of the vessel;
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(b) that master or other person takes flight
to avoid arrest; and
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(c) the protection officer believes on
reasonable grounds that the force is
necessary for the purpose of arresting that
master or other person.
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| Regulations
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(2) The Governor in Council may make
regulations establishing the procedures in
accordance with which, and the extent to
which, a protection officer is permitted to use
the force referred to in subsection (1).
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| Coming into
force
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3. This Act or any provision thereof shall
come into force on a day or days to be fixed
by order of the Governor in Council.
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