Did you know...?

The Criminal Code of Canada contains, not surprisingly, most of the criminal offences in the land.  While I am not a legal historian, I do know that many sections of the Code have their roots in the criminal law of England.  Some offences have been around for centuries, without much modification.

In the part of the Code dealing with offences against public order, we find a number of interesting offences and definitions.  The Code sets out that ignorance of the law is not an defence, so I thought I would bring a few offences to your attention in order to make you aware of them and hopefully help you avoid committing them.

Unlawful assembly is defined roughly as three or more people who, with intent to carry out a common purpose, assemble in such a manner to cause persons in the neighborhood to fear that the persons assembled will disturb the peace tumultuously.

Riot is defined in the Code as an unlawful assembly that has begun to disturb the peace tumultuously.

A mayor or sheriff who receives notice that...twelve or more persons are unlawfully and riotously assembled together shall go to that place and, after approaching as near as is safe, if the person is satisfied that a riot is in progress, shall command silence and thereupon make or cause to be made in a loud voice a proclamation in the following words or to the like effect:

Her Majesty the Queen charges and commands all persons being assembled immediately to disperse and peacably depart to their habitations or to their lawful business on the pain of being guilty of an offence for which, upon conviction, they may be sentenced to imprisonment for life.  GOD SAVE THE QUEEN.

No, this is not a scene from a Monty Python skit; it is the criminal law of Canada!  Yes, you could be imprisoned for life.  If you even oppose, hinder or assault a person about to make such a proclamation, you can be imprisoned for life.  Keep in mind that killing someone while driving impaired has a maximum sentence of fourteen years.  Opposing a proclamation is a serious offence indeed!  Now why didnt someone read out the proclamation in Quebec City at the recent summit? 

It is an offence to challenge someone to a duel.   I assume that duelling means with guns or swords.  How long do you think it has been since someone was convicted of that offence? So, when your brain goes on vacation and the urge hits you to challenge someone to a fight, make it a fight with fists, knives, pipes, chains or something else!

It is an offence to do an act with intent to alarm Her Majesty while in the presence of Her Majesty.  Up to fourteen years in prison awaits you upon conviction.  (For comparison, the maximum for assault with a weapon or assault causing bodily harm is ten years.)  So, dont heckle or flip the bird at the Queen.  She may get alarmed, and you may go to jail. 

Maybe the Criminal Code needs some updating?