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42-43 ELIZABETH II

CHAPTER 12

An Act to amend the Criminal Code and the Coastal Fisheries Protection Act (force)

[Assented to 12th May, 1994]

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

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

CRIMINAL CODE

1. Subsections 25(3) and (4) of the Criminal Code are replaced by the following:

When not protected

(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.

When protected

(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

    (a) the peace officer is proceeding lawfully to arrest, with or without warrant, the person to be arrested;

    (b) the offence for which the person is to be arrested is one for which that person may be arrested without warrant;

    (c) the person to be arrested takes flight to avoid arrest;

    (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

    (e) the flight cannot be prevented by reasonable means in a less violent manner.

Power in case of escape from penitentiary

(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

    (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

    (b) the escape cannot be prevented by reasonable means in a less violent manner.

R.S., c. C-33; R.S., c. 31 (1st Supp.), c. 39 (2nd Supp.); 1990, c. 44; 1992, c. 1

COASTAL FISHERIES PROTECTION ACT

2. The Coastal Fisheries Protection Act is amended by adding the following after section 8:

Disabling force

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

    (a) the protection officer is proceeding lawfully to arrest the master or other person in command of the vessel;

    (b) that master or other person takes flight to avoid arrest; and

    (c) the protection officer believes on reasonable grounds that the force is necessary for the purpose of arresting that master or other person.

Regulations

(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).

COMING INTO FORCE

Coming into force

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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