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Bill C-365

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1st Session, 36th Parliament,
46-47 Elizabeth II, 1997-98

The House of Commons of Canada

BILL C-365

An Act to amend the Criminal Code (desecration of the flag)

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; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42; 1996, cc. 7, 8, 16, 19, 31, 34; 1997, cc. 9, 16, 17, 18, 23, 30

      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:

Desecrating Canadian flag

56.1 (1) Every one who, without lawful excuse, wilfully burns, defaces, defiles, mutilates, tramples upon or otherwise desecrates the national flag of Canada is guilty of an offence punishable on summary conviction and liable to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both.

Exception

(2) No person contravenes subsection (1) where the person disposes of the national flag of Canada because the flag has become worn, soiled or damaged.