Report No. 29
Extracts from Canadian Criminal Code
Section 2(36) and sections 360-363.
2. (36) "Public stores" includes any movable property that is under the care, supervision, administration or control of a public department or of any person in the service of a public department:
360. (1) Applying or removing marks without authority.-Every one who,
(a) without lawful authority, the proof of which lies upon him, applies a distinguishing mark to any thing, or
(b) with intent to conceal the property of Her Majesty in public stores, removes, destroys or obliterates, in whole or in part, a distinguishing mark, is guilty of an indictable offence and is liable to imprisonment for two years.
(2) Unlawful transactions in public stores.-Every one who, without lawful authority, the proof of which lies upon him, receives, possesses, keeps, sells or delivers public stores that he knows bear a distinguishing mark is guilty of
(a) an indictable offence and is liable to imprisonment for two years, or
(b) an offence punishable on summary conviction.
(3) "Distinguishing mark".-For the purposes of this section, "distinguishing mark" means a distinguishing mark that is appropriated for use on public stores pursuant to section 359.
361.(1) Selling defective stores to Her Majesty.-Every one who knowingly sells or delivers defective stores to Her Majesty or commits fraud in connection with the sale, lease or delivery of stores to Her Majesty or the manufacture of stores for Her Majesty is guilty of an indictable offence and is liable to imprisonment for fourteen years.
(2) Offences by officers and employees of corporations.-Every one who being a director, officer, agent or employee of a corporation that commits, by fraud, an offence under sub-section (1),
(a) knowingly takes part in the fraud, or
(b) knows or has reason to suspect that the fraud is being committed or has been or is about to be committed and does not inform the responsible government or a department thereof, of Her Majesty, is guilty of an indictable offence and is liable to imprisonment for fourteen years.
362. Unlawful use of military uniforms or certificates.-Every one who without lawful authority, the proof of which lies upon him,
(a) wears a uniform of the Canadian Forces or any other naval, army or air force or a uniform, that is so similar to the uniform of any of those forces that it is likely to be mistaken therefor,
(b) wears a distinctive mark relating to wounds received or service performed in war, or a military medal, ribbon, badge, chevron or any decoration or order that is awarded for war services, or any imitation thereof or any mark or device or thing that is likely to be mistaken for any such mark, medal, ribbon, badge, chevron decoration or order,
(c) has in his possession a certificate of discharge, certificate of release, statement of service or identity card from the Canadian Forces or any other naval, army or air force that has not been issued to and does not belong to him, or
(d) has in his possession a commission or warrant or a certificate of discharge, certificate of release, statement of service or identity card issued to an officer or person in or who has been in the Canadian Forces or any other naval, army or air force, that contains any alteration that is not verified by the initials of the officer thereto lawfully authorised, is guilty of an offence punishable on summary conviction.
363. (1) Military stores.-Every one who buys, receives or detains from a member of the Canadian Forces or a deserter or absentee without leave from those forces any military stores that are owned by Her Majesty or for which the member, deserter or absentee without leave is accountable to Her Majesty is guilty of
(a) an indictable offence and is liable to imprisonment for five years, or
(b) an offence punishable on summary conviction.
(2) Exception.-No person shall be convicted of an offence under this section where he establishes that he did not know and had no reason to suspect that the military stores in respect of which the offence was committed were owned by Her Majesty or were military stores for which the member, deserter or absentee without leave was accountable to Her Majesty.
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