C-217 2 41 62-63 Elizabeth II 2013-2014

An Act to amend the Criminal Co de (mischief relating to war memorials)

An Act to amend the Criminal Code (mischief relating to war memorials)

Criminal Code (mischief relating to war memorials) 2014 6 19 9 2014 411320

SUMMARY

This enactment amends the Criminal Code to provide for the offence of committing mischief in relation to a war memorial or cenotaph.

R.S., c. C-46

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

Section 430 of the Criminal Code is amended by adding the following after subsection (4.1):

Mischief relating to war memorials

(4.11) Everyone who commits mischief in relation to property that is a building, structure or part thereof that primarily serves as a monument to honour persons who were killed or died as a consequence of a war, including a war memorial or cenotaph, or an object associated with honouring or remembering those persons that is located in or on the grounds of such a building or structure, or a cemetery is guilty of an indictable offence or an offence punishable on

summary conviction and is liable,

(

a) whether the offence is prosecuted by indictment or punishable on

summary conviction, to the following minimum punishment, namely,

(

i) for a first offence, to a fine of not less than $1,000,

(ii)

for a second offence, to imprisonment for not less than 14 days, and

(iii)

for each subsequent offence, to imprisonment for not less than 30 days;

(

b) if the offence is prosecuted by indictment, to imprisonment for a term not exceeding 10 years; and

(

c) if the offence is punishable on

summary conviction, to imprisonment for a term not exceeding 18 months.