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Bill C-429

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1st Session, 37th Parliament,
49-50-51 Elizabeth II, 2001-2002

House of Commons of Canada

BILL C-

An Act to amend the Criminal Code (destruction of national flag)

R.S.,c. C-46

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Criminal Code is amended by adding the following after section 56:

Offence

56.1 (1) Every one who, without lawful excuse, willfully damages or destroys in any manner, burns, defaces, defiles, mutilates, tramples upon or otherwise desecrates the national flag is guilty of an offence and liable on summary conviction

    (a) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both; or

    (b) for a second or subsequent offence, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding three years or to both.

Exception

(2) No person is guilty of an offence under subsection (1) if the person disposes of a national flag described in subsection (3) because the National flag has become worn, soiled or damaged.

Definition of ``national flag''

(3) In the present section, ``national flag'' means the national flag of Canada, the official flag of a province or territory in Canada or the national flag of another country.