Criminal Code 
s: 247 
A: convictioh may engage the. prohibition of 109(2). provided the getting or placing of traps. in the 
stances, could bC said to be an offence "in the commission of, which violence a 
pernon 
threatened attempted 
ger the safetyof any persons, places anything on or does anything to nny property 
for or in connection with the transportation of persons or goods by land. water or 
likely to cause death or bodily harm to persons is guilty of an indictable offence and 
imprisonment for life, 
oms.c. 1970. co)/ 
Commentary: The: external circumstances of the offencev "places anything on or 
any property that is used for or in connection with the transportation of persons or goods by land, 
that is likely to cause death or bodily harm to persons" must pc accompgryied by the specific intent toe 
the safety of any person to establish D'S liability. 
Related Provisions: "Property" and.'ibgdily harm" ate defined in s, 2. 
Where death occurs from conduct prohibited by this section, D may bnvcommitted culpable 
222(5)(a) or (b), or criminal negligence, as defined in s. To cause bodily harm in the 
may amount tom offence under s. 269. 
Section 430 defines and punishes several offences of mischief which consist Of various Oilful and i 
acts in respect of certain pvoperty Mischief that causes actual danger to life is punishable,pnder 43001 
249.-261. [Repealed 2018, c. 21, s. 14.) 
262. Impeding attempt to save life— Every person is guilty of an indictable offenq 
and liable: to imprisonment for a term of not more than 10 years or is guilty of an 
punishable on summary comiction who 
(a) prevents or impedes or attempts to prevent or impede any person who is attempting 
to save his own life, or 
(b) without reasonable cause prevents or impedes or attemptsto prevent or impedeany 
person who is attempting to save the life of another person. 
R.S.C 1970, c. pc-34, s. 241; 2019,e 
Commentary: This Commentary is current to May 2019, and does net reflect !€$islativedevelopmentsfrr 
June 21, 2019, including 2019 c.25 amendments. 
section defines the scope 'of eriminal liability for impeding attempts to(SÅ€e •the life:of another person 
applies whefe V is attempting to såve his/her own life. D rrhust actually or attempt to preventc 
impede N in his/her own life saving attempt 
Section 262(b) applies where D'S interference is directed at one who is trying io save thélife bfånjthergn 
(V). D must actually or attempt to prevent or impede the resCue efforts and do so witnout reasonablen 
Neither offence requires proof of any ulterior mental element. 
Related Provisions: The nature of D'S intervention may also attract liability for assault under s. 26 
Where the person whose rescue is impeded by D dies, D'S conduct may amount to culpable homicide unders 
or 
263. (1) Duty to safeguard opening in ice — Every one who makes or 
made an opening in ice that is open to or frequented by the public is under a legal dutyll 
guard it in a manner that is adequate to prevent persons from falling in by accident 
adequate to warn them that the opening exists. 
(2) Excavation on land — Every one who leaves an excavation on land that he owns org 
which he has charge or supervision is under a legal duty to guard it in a manner that g 
adequate to prevent persons from falling in by accident and is adequate to warn them thaw 
excavation exists. 
(3) Offences — Every one who fails to perform a duty imposed by subsection (I) or 
guilty of 
(a) manslaughters if the death o! any person results therefrom; 
484 
Part VIII —Offences Against Person 
(b) an offence under section 269, if bodily barm to any person results therefrom; or 
(c) on offence punishable on summary conviction. 
R.S,Ce C. C-34, 6, 242: 1980-8142-83, C. 125. S. 18 
commentary: The legal duties in connection with openings in ice and excavations on land, 
criminal liability failure 10 perform either duty, 
duty is imposed upon everyone who leaves an excavation on land that s/he owns. has charge, or 
requires proof of the intention to cause the external circumstances of the offence, Knowb 
the or opening would- an clement of proof. 
263(3) committed by failUre to the duty Of either s. 263(1) or (2). It is 
manslaughter if the death of any person and a breach of & 269 (unlawfully causing bodily; harm) if 
bodily harm results. Under s. where neither dcath nor bodily harm results from any failure, D'; 
offence is punishable on summary conviction. 
Case Law 
Liability for Manslaughter 
R, v, Aldergrove Competition Motorcycle Assn. 0983), 5 J 14 (BC, section creates a 
legal duty to guard an, excavation not just in a manner,that is adequate to warn hut also in a. manner that is 
adequate to prevent persons falling in by accident. Where death results from. breach of the duty, D is guilt! of 
manslaughter P need pot prove criminal negligence defined in s, 219. 
Specimen Jury Instructions (WMCJO: 
z'" Uhlawful ACC Manslaughter • 
final 234-A 
Manslaughter by Criminal Negligence 
final 234-B 
Related Provisions: Manslaughter is culpable homicide that is neither murder nor 
homicide is defined in 9.222(5). The offence of s, 269 generally occurs as a result of an act by D. The offences 
of s, 263(3) are statutory forms of .manslaughter ahd unlawfully causing bodily harm 'which occur py omission. 
264. (1) Criminal harassment — No person shall, without lawful authority and knowing 
that another person is harassed or recklessly as to whether the other person is harassed, en- 
gage in conduct referred to in subsection (2) that causes that other person reasonably, in all 
the circumstances, to fear for their safety or the safety of anyone known to them. 
(2) Prohibited conduct — The conductnentioned in subsection (I) consists of 
(a) repeatedly following from place to place the other person or anyone known to them; 
(b) repeatedly communicating with, either directly or indirectly, the other person or an- 
yone known to them; 
(c) besetting or watching the dwelling-house, or place where the other person, or anyone 
known to them, resides, works, carries on business or happens to be; or 
(d) engaging in threatening conduct directed at the other person or any member of their 
family. 
(3) Punishment— Every person Mho 'contravenes this section is guilty of 
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten 
years; or 
(b) an offence punishable on summary conviction. 
(4) Factors to be considered — Where a person is convicted of an offence under this 
section, the court imposing the sentence on the person shall consider as an aggravating factor 
that, at the time the'offence was .committed, the person contravened 
(a) the terms or conditions of an order made pursuant .to section 161 or a recognizance 
entered into pursuant to section 810, 810.1 or 810.2; or 
485