Report No. 29
Extracts from Canadian Criminal Code, 1955
Sections 99-103
99. In this Part,
(a) "Evidence" means an assertion of fact, opinion, belief or knowledge whether material or not and whether admissible or not;
(b) "Government" means
(i) the Government of Canada,
(ii) the Government of a province, or
(iii) Her Majesty in right of Canada or in right of a province;
(c) "Judicial proceeding" means a proceeding
(i) in or under the authority of a court of justice or before a grand jury,
(ii) before the Senate or House of Commons of Canada or a Committee of the Senate or House of Commons, or before a legislative council, legislative assembly or house of assembly or a committee thereof that is authorized by law to administer an oath, or
(iii) before a court, judge, justice, magistrate or coroner,
(iv) before an arbitrator or umpire, or a person or body of persons authorised by law to make an inquiry and take evidence therein under oath, or
(v) before a tribunal by which a legal right or legal liability may be established, whether or not the proceeding is invalid for want of jurisdiction or for any other reason;
(d) "Office" includes
(i) an office or appointment under the government,
(ii) a civil or military commission, and
(iii) a position or employment in a public department;
(e) "Official" means a person who
(i) holds an office, or
(ii) is appointed to discharge a public duty; and
(f) "Witness" means a person who gives evidence orally under oath or by affidavit in a judicial proceeding, whether or not he is competent to be a witness, and includes a child of tender years who gives evidence but does not give it under oath, because, in the opinion of the person presiding, the child does not understand the nature of an oath.
100. (1) Bribery of Judicial Officers, etc.-Every one who
(a) being the holder of a judicial office, or being a member of the Parliament of Canada or of a legislature, corruptly
(i) accepts or obtains,
(ii) agrees to accept, or
(iii) attempts to obtain, any money, valuable consideration, office, place or employment for himself or another person in respect of anything done or omitted or to be done or omitted by him in his official capacity; or
(b) gives or offers corruptly to a person who holds a judicial office, or is a member of the Parliament of Canada or of a legislature, any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by him in his official capacity for himself or another person,
is guilty of an indictable offence and is liable to imprisonment for fourteen years.
(2) Consent of Attorney General-No proceedings against a person who holds a judicial office shall be instituted under this section without the consent in writing of the Attorney-General of Canada.
101. Every one who
(a) Bribery of Officers-being a justice, police commissioner, peace officer, public officer, or officer of a juvenile court, or being employed in the administration of criminal law, corruptly
(i) accepts or obtains,
(ii) agrees to accept, or
(iii) attempts to obtain, for himself or any other person any money, valuable consideration, office, place or employment with intent,
(iv) to interfere with the administration of justice, or
(v) to procure or facilitate the commission of an offence, or
(vi) to protect from detection or punishment a person who has committed or who intends to commit an offence; or
(b)Idem-gives or offers, corruptly, to a persOn mentioned in paragraph (a) any money, valuable consideration, office, place or employment with intent that the person should do anything mentioned in sub-paragraph (iv), (v) or (vi) of paragraph (a), is guilty of an indictable offence and is liable to imprisonment for fourteen years.
102. (1) Frauds upon the Government-Every one commits an offence who
(a) Offer or gift to influence official-directly or indirectly
(i) gives, offers, or agrees to give or offer to an official or to any member of his family or to any one for the benefit of an official, or
(ii)being an official, demands, accepts or offers or agrees to accept from any person for himself or another person, a loan, reward, advantage or benefit of any kind as consideration for co-operation, assistance, exercise of influence or an act or omission in connection with
(iii) the transaction of business with or any matter of business relating to the government, or
(iv) a claim against Her Majesty or any benefit that Her Majesty is authorised or is entitled to bestow, whether or not, in fact, the official is able to cooperate, render assistance, exercise influence or do or omit to do what is proposed, as the case may be;
(b) Giving reward or commission to official without consent-having dealings of any kind, with the government, pays a commission or reward to or confers an advantage or benefit of any kind upon an employee or official of the government with which he deals, or to any member of his family, or to any one for the benefit of the employee or official, with respect to those dealings, unless he has the consent in writing of the head of the branch of government with which he deals, the proof of which lies upon him;
(c) Acceptance of Commission or Gift without consent-being an official or employee of the government, demands, accepts or offers or agrees to accept from a person, who has dealings with the government a commission, reward, advantage or benefit of any kind directly or indirectly, by himself or through a member of his family or through any one for his benefit, unless he has the consent in writing of the head of the branch of government that employs him or of which he is an official, the proof of which lies upon him;
(d) Compensation for procuring settlement of claim, etc.-having or pretending to have influence with the government or with a minister of the government or an official, demands, accepts or offers or agrees to accept for himself or another person a reward, advantage or benefit of any kind as consideration for co-operation, assistance, exercise of influence or an act or omission in connection with
(i) anything mentioned in sub-paragraph (iii) or (iv) of paragraph (a),
(ii) the appointment of any person, including himself, to an office; or
(e) Offer of reward for appointment-offers, gives or agrees to offer or give to a minister of the government or an official a reward, advantage or benefit of any kind as consideration for co-operation, assistance, exercise of influence or an act or omission in connection with
(i) anything mentioned in sub-paragraph (iii) or (iv) of paragraph (a), or
(ii) the appointment of any person, including himself, to an office; or
(f) Reward for withdrawal of tender-having made a tender to obtain a contract with the government
(i)gives, offers or agrees to give to another person who has made a tender, or to a member of his family, or to another person for the benefit of that person, a reward, advantage or benefit of any kind as consideration for the withdrawal of the tender of that person, or
(ii) demands, accepts or agrees to accept from another person who has made a tender a reward, advantage or benefit of any kind as consideration for the withdrawal of his tender.
(2) Contractor subscribing to election fund. - Every one commits an offence who, in order to obtain or retain a contract with the government or as a term of any such contract, whether express or implied, directly or indirectly subscribes, gives, or agrees to subscribe or give, to any person any valuable consideration
(a) for the purpose of promoting the election of a candidate or a class or party of candidates to the Parliament of Canada or legislature, or
(b) with intent to influence or affect in any way the result of an election conducted for the purpose of electing persons to serve in the Parliament of Canada or a legislature.
(3) Punishment.-Every one who commits an offence under this section is guilty of an indictable offence and is liable to imprisonment for five years.
103. Breach of Trust by Public Officer-Every official who, in connection with the duties of his office, commits fraud or a breach of trust is guilty of an indictable offence and is liable to imprisonment for five years, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person.
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