Annex O: Offences under Section 130 of the National Defence Act

Criminal Code offences

Section 129 C.c. (Offences Relating to Public or Peace Officer)

129. Every one who

  1. resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,
  2. omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or
  3. resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, is guilty of
    1. an indictable offence and is liable to imprisonment for a term not exceeding two years, or
    2. an offence punishable on summary conviction.

Sample Charge: AN OFFENCE PUNISHABLE UNDER SECTION 130 OF THE NATIONAL DEFENCE ACT, THAT IS TO SAY, WILFULLY OBSTRUCTED A PEACE OFFICER IN THE EXECUTION OF HIS DUTY, CONTRARY TO SUBSECTION 129(A) OF THE CRIMINAL CODE.

Particulars: In that he, on or about [date], at [indicate place of offence], obstructed [rank and name] in the execution of his duty, by interfering with the lawful arrest of [rank and name].

Section 266 C.c. (Assault)

266. Every one who commits an assault is guilty of

  1. an indictable offence and is liable to imprisonment for a term not exceeding five years; or
  2. an offence punishable on summary conviction.

Sample Charge: AN OFFENCE PUNISHABLE UNDER SECTION 130 OF THE NATIONAL DEFENCE ACT, THAT IS TO SAY, ASSAULT, CONTRARY TO SECTION 266 OF THE CRIMINAL CODE.

Particulars: In that he, on or about [date], at [indicate place of offence], did commit an assault on [rank and name].

Section 267 C.c. (Assault with a Weapon or Causing Bodily Harm)

267. Every one who, in committing an assault,

  1. carries, uses or threatens to use a weapon or an imitation thereof, or
  2. causes bodily harm to the complainant, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

Sample Charge: AN OFFENCE PUNISHABLE UNDER SECTION 130 OF THE NATIONAL DEFENCE ACT, THAT IS TO SAY, ASSAULT CAUSING BODILY HARM, CONTRARY TO SUBSECTION 267(1) OF THE CRIMINAL CODE.

Particulars: In that he, on or about [date], at [indicate place of offence], did in committing an assault upon [number, rank and name] cause bodily harm to him.

Sample Charge: AN OFFENCE PUNISHABLE UNDER SECTION 130 OF THE NATIONAL DEFENCE ACT, THAT IS TO SAY, ASSAULT WITH WEAPON, CONTRARY TO SUBSECTION 267(1) OF THE CRIMINAL CODE.

Particulars: In that he, on or about [date], at [indicate place of offence], did in committing an assault upon [number, rank and name] threaten to uses a weapon to wit a bayonet.

Section 270 C.c. (Assaulting a Peace Officer)

270. (1) Every one commits an offence who

  1. assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
  2. assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
  3. assaults a person
    1. who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
    2. with intent to rescue anything taken under lawful process, distress or seizure.

270. (2) Every one who commits an offence under subsection (1) is guilty of

  1. an indictable offence and is liable to imprisonment for a term not exceeding five years; or
  2. an offence punishable on summary conviction.

Sample Charge: AN OFFENCE PUNISHABLE UNDER SECTION 130 OF THE NATIONAL DEFENCE ACT, THAT IS TO SAY, ASSAULT WITH INTENT TO RESIST ARREST, CONTRARY TO SECTION 270 (1) (B) OF THE CRIMINAL CODE.

Particulars: In that he, on or about [date], at [indicate place of offence], did assault [rank and name], with intent to resist the lawful arrest of himself.

Section 335 C.c. (Taking motor vehicle or vessel without consent)

335. (1) Subject to subsection (1.1), every one who, without the consent of the owner, takes a motor vehicle or vessel with intent to drive, use, navigate or operate it or cause it to be driven, used, navigated or operated, or is an occupant of a motor vehicle or vessel knowing that it was taken without the consent of the owner, is guilty of an offence punishable on summary conviction.
335. (1.1) Subsection (1) does not apply to an occupant of a motor vehicle or vessel who, on becoming aware that it was taken without the consent of the owner, attempted to leave the motor vehicle or vessel, to the extent that it was feasible to do so, or actually left the motor vehicle or vessel.
335. (2) For the purposes of subsection (1), "vessel" has the meaning assigned by section 214.

Sample Charge: AN OFFENCE PUNISHABLE UNDER SECTION 130 OF THE NATIONAL DEFENCE ACT, THAT IS TO SAY, TAKING A MOTOR VEHICLE WITHOUT CONSENT, CONTRARY TO SECTION 335 OF THE CRIMINAL CODE.

Particulars: In that he, on or about [date], at [indicate place of offence], did take a motor vehicle to wit [specify vehicle] without the consent of [rank and name], the owner thereof, with the intent to drive it.

Section 430 (Mischief)

430. (1) Every one commits mischief who wilfully

  1. destroys or damages property;
  2. renders property dangerous, useless, inoperative or ineffective;
  3. obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
  4. obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

430. (1.1) Every one commits mischief who wilfully

  1. destroys or alters data;
  2. renders data meaningless, useless or ineffective;
  3. obstructs, interrupts or interferes with the lawful use of data; or
  4. obstructs, interrupts or interferes with any person in the lawful use of data or denies access to data to any person who is entitled to access thereto.

430. (2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.
430. (3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars

  1. is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
  2. is guilty of an offence punishable on summary conviction.

430. (4) Every one who commits mischief in relation to property, other than property described in subsection (3),

  1. is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
  2. is guilty of an offence punishable on summary conviction.

430. (5) Every one who commits mischief in relation to data

  1. is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
  2. is guilty of an offence punishable on summary conviction.

430. (5.1) Every one who wilfully does an act or wilfully omits to do an act that it is his duty to do, if that act or omission is likely to constitute mischief causing actual danger to life, or to constitute mischief in relation to property or data,

  1. is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
  2. is guilty of an offence punishable on summary conviction.

430. (6) No person commits mischief within the meaning of this section by reason only that

  1. he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;
  2. he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or
  3. he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.

430. (7) No person commits mischief within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.
430. (8) In this section, "data" has the same meaning as in section 342.1.

Sample Charge: AN OFFENCE PUNISHABLE UNDER SECTION 130 OF THE NATIONAL DEFENCE ACT, THAT IS TO SAY, MISCHIEF NOT EXCEEDING $5000, CONTRARY TO SUBSECTION 430(4) OF THE CRIMINAL CODE.

Particulars: In that he, on or about [date], at [indicate place of offence], did commit mischief by wilfully destroying without legal justification or excuse and without color of right property, to wit a bicycle of [rank and name] the value of which does not exceed $5000.

Section 437 C.c. (False alarm of fire)

437. Every one who wilfully, without reasonable cause, by outcry, ringing bells, using a fire alarm, telephone or telegraph, or in any other manner, makes or circulates or causes to be made or circulated an alarm of fire is guilty of

  1. an indictable offence and is liable to imprisonment for a term not exceeding two years; or
  2. an offence punishable on summary conviction.

Sample Charge: AN OFFENCE PUNISHABLE UNDER SECTION 130 OF THE NATIONAL DEFENCE ACT, THAT IS TO SAY, FALSE ALARM OF FIRE, CONTRARY TO SECTION 437 OF THE CRIMINAL CODE.

Particulars: In that he, on or about [date], at [indicate place of offence], did wilfully without reasonable cause by using a fire alarm make an alarm of fire at [specify premises where fire purported to be].

Offences under the Controlled Drugs and Substances Act

Section 4(1) CDSA (Possession of Substance)

4. (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.

Sample Charge: AN OFFENCE PUNISHABLE UNDER SECTION 130 OF THE NATIONAL DEFENCE ACT, THAT IS TO SAY, POSSESSION OF A SUBSTANCE CONTRARY TO SECTION 4(1) OF THE CONTROLLED DRUGS AND SUBSTANCES ACT.

Particulars: In that he, on or about [date], at [indicate place of offence], did unlawfully possess a substance included in Schedule II of the Controlled Drugs and Substances Act, to wit Cannabis (marihuana).

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