CHAPTER XIII.

DISOBEDIENCE TO LAWFUL ORDERS.

1 ARTICLE 153.

DISOBEDIENCE TO A STATUTE.

[EVERY one commits a misdemeanor who wilfully disobeys any statute by doing any act which it forbids or by

1 S. D. Art. 124.

2 [R. v. Wright, 1 Burr. 543; R. v. Harris, 4 T. R. 205; 5th Report, C. L. C. 43; 2 Hawk. P. C. 289. Draft Code, s. 114.] R. S. C. c. 173, s. 25. The wilful disobedience of an Order in Council authorized by statute (R. v. Harris, 4 T. R. 202) or of an order made by Commissioners under a statute, the matter of which concerns the public in general (R. v. Walker, L. R. 10 Q. B. 355) is an indictable misdemeanor at common law.

A wilful disobedience of a statute is punishable by indictment.

(a.) If the statute specify no other mode of proceeding (2 Hawk. c. 25, s. 4; R. v. Davis, Sayer 133: R. v. Sainsbury, 4 T. R. 451; R. v. Price, 11 A. & E. 727.)

(b.) Although another mode of proceeding is specified,

(1.) If the offence were indictable at common law (R.v. Robinson, 2 Burr. 799; R.v. Wigg, 2 Ld. Raymond, 1163; R. v. Balme, Cowp. 648; R. v. Carlisle, 3 B & Ald. 161; 2 Hale, 191); or

(2.) If such other mode of proceeding is prescribed by a subsequent statute (R. v. Boyall, 2 Burr. 832), or in a substantive clause of the same statute (2 Hale, 171; R. v. Wright, 1 Burr. 543; R. v. Jones, 2 Str. 1146; R. v. Harris, 4 T. R. 205; R. v. Buchanan, 8 Q. B. 883; R. v. Mason, 17 U. C. C. P. 534; R. v. Bennett, 21 U. C. C. P. 235) :

But if such other mode of proceeding is contained in the clause that prohibits the act such mode must be pursued and no other (R. v. Robinson, 2 Burr. 805; R. v. Buck, 2 Str. 679) and such other mode may, in the cases (b.) (1.) and (2.) be pursued by the prosecutor at his option.]

There are in the statutes of Canada a number of special provisions as to wilful violations thereof, or of regulations made thereunder. As for instance, wilful violations by certain officers and servants of the Crown of regulations made under The Public Works Act (R. S. C. c. 36, ss. 27, 28); or under the Act respecting the Department of Railways and Canals (R. S. C. c. 37, ss. 17, 18); or under The Government Railways Act; or by officers and servants of railway companies of regulations made under The Railway Act (51 Vict. (D). c. 29, 88. 294, 296) or C. S. C. c. 66, ss. 158, 159. In the cases mentioned the punishment is to be more or less severe as the act or default causes or does not cause injury to any person or property, or exposes or not any person or property to the risk of injury.

As to the person having the custody of assessment rolls, voters' lists, &c., not furnishing same to revising officer, see The Electoral Franchise Act (R. S. C. c. 5, s. 40). See also R.S. C. c. 35, s. 104 (wilful violations of regulations made under The Post Office Act; R. S. C. c. 67, s. 20 (wilful violations of The Chinese Immigration Act); and R. S. C. c. 68, s. 11 (of quarantine regulations).

[omitting to do any act which it requires to be done, and which concerns the public or any part of the public, unless it appears from the statute that it was the intention of the Legislature to provide some other penalty for such disobedience.

2

1 ARTICLE 154.

DISOBEDIENCE TO LAWFUL ORDERS OF COURT, &C.

Every one commits a misdemeanor who disobeys any order, warrant, or command duly made, issued, or given by any court, officer, or person acting in any public capacity and duly authorized in that behalf, unless any other penalty or mode of proceeding is expressly prescribed in respect of such disobedience.

Illustrations.

(1.) A refuses to assist a constable in the execution of his duty when lawfully called upon by the constable to do so. A commits a misde

meanor.

(2.) A refuses to pay money for the support of his bastard child which he has been ordered to pay by the Quarter Sessions. A commits a misdemeanor.]

1 S. D. Art. 125.

2 [5th Report, C. L. C. 43; Jones' Case, 2 Moody 171; R. v. Dale, Dear. 37. Draft Code, s. 115.] Any wilful neglect or disobedience of a rule of court or order of a judge made under any of the following Acts respecting the liberty of the subject is by such Acts declared to be a misdemeanor, that is to say :-R. S. N. S. 3 Ser. c. 153, s. 9; 19 Vict. (N.B.) c. 42, s. 5; and 20 Vict. (P.E.I.) c. 10, s. 5.

3 [R. v. Sherlock, L. R. 1. C. C. R. 20.

* R. v. Ferrall, 2 Den. 51. In this case Pollock, C.B., asked how it would be if the man could not pay? and whether a refusal to pay a fine is indictable? The answer would seem to be that it is. Imprisonment on such an indictment would only be a roundabout way of doing what is commonly done in cases of fine, viz., inflicting an alternative term of imprisonment. Whether a man is sentenced to be fined £100 and to be imprisoned in default of payment, or to be imprisoned because he has not obeyed the order of the Court to pay a fine of £100, is rather a matter of form than anything else.] For special statutory provisions as to refusing to assist certain peace officers see 27 Vict. (N.B.) c. 8, s. 2; R. S. C. c. 50, s. 98 (in respect of unlawful sales of spirituous liquors in the North-West Territories); R. S. C. c. 53. s. 41 (the same in Keewatin). See also R. S. C. c. 34, s. 91 (neglecting to aid officers of Inland Revenue) and R. S. C. c. 32, s. 214 (refusing to stop vessel or conveyance when required to do so by any officer of the customs).

CHAPTER XIV.

BRIBERY AND CORRUPTION-SALE OF OFFICES.

1

ARTICLE 155.

JUDICIAL CORRUPTION.

2 [EVERY one who gives or offers to any person holding any judicial office, and every person holding any judicial office who accepts, any bribe, commits a misdemeanor.

Every gift or payment made in respect of, or in relation to, any business having been, being, or about to be transacted before any such person in his office is a bribe, whether it is given in order to influence the judicial officer in something to be done, or to reward him for something already done, and whether the thing done or to be done is itself proper or improper.

4

3 ARTICLE 156.

CORRUPTION OF PUBLIC OFFICERS.

Every one commits a misdemeanor who by any means endeavors to force, persuade, or induce any public officer, not being a judicial officer, to do or omit to do any act which the offender knows to be a violation of such officer's official duty.]

1 S. D. Art. 126.

2 [3 Inst. 144-8; 1 Hawk. P. C. 414-15; 5th Report, C. L. C. p. 20-1. See, too, Spedding's Life of Bacon, vii. 209-78. The crime is so rare that the definition is very imperfect and more or less conjectural. See 3 Hist. Cr. Law, 250-5; Draft Code, s. 111.]

3 S. D. Art. 127.

[5th Report, C. L. C. art. 3, 35, p. 47. Many authorities are cited, and in particular the chapters of the 3rd Inst. and Hawkins referred to in the last note; also R. v. Vaughan, Burr. 2494, see especially 2501.] As to bribery of a member of a Provincial Legislature see R. v. Bunting, 7 0. R. 524.

ARTICLE 157.

CORRUPTION IN RESPECT TO CONTRACTS WITH THE GOVERNMENT.

1

Every one is guilty of a misdemeanor and liable to a fine not exceeding one thousand dollars and not less than one hundred dollars, and to imprisonment for a term not exceeding one year and not less than one month, and in default of payment of such fine, to imprisonment for a further term not exceeding six months, who makes any offer, proposal, gift, loan, promise, agreement, compensation or consideration, directly or indirectly, to any officer or person in the employment of the Government of Canada, or of any Province of Canada, with intent to secure the influence of such officer or person to promote either the obtaining or the execution of any contract with such government, or the payment of the consideration moneys therefor.

Every one in the employment of such government is guilty of a misdemeanor and liable to the same punishment who accepts, or agrees to accept, any such offer, proposal, gift, loan, promise, agreement, compensation or consideration.

Every one is guilty of a misdemeanor and liable to the same punishment who, in the case of tenders being called for by or on behalf of the Government of Canada, or of any Province of Canada, for any contract, directly or indirectly, by himself or by the agency of any other person on his behalf, with intent to obtain such contract, either for himself or for any other person, proposes or makes any gift, loan, offer, promise or agreement, or offers or gives any consideration or compensation whatsoever, to any person tendering for such contract, or to any officer or person in the employment of such government.

1 R. S. C. c. 173, ss. 20, 21. The prosecution for any offence defined in Articles 157, 158, must be commenced within two years after the commission of the offence. (s. 24.)

Every one in the employment of the said government is guilty of a misdemeanor and liable to the same punishment who accepts or agrees to accept any such gift, loan, offer, promise, agreement, consideration or compensation whatsoever.

ARTICLE 158.

CORRUPTION IN RESPECT TO BUSINESS WITH THE GOVERN

1

MENT.

Every one is guilty of a misdemeanor, and liable to a fine not exceeding two thousand dollars, and shall be incapable, for the term of five years, of holding any public office, who, being a public officer or paid employee of the Government of Canada, or of any Province of Canada, receives, directly or indirectly, any promise, offer, gift, loan, compensation or consideration whatsoever, either in money or otherwise, from any person whomsoever, for fraudulently assisting or favoring any individual in the transaction of any business whatsoever connected with such government, or for doing so contrary to the duties of his special position as an officer or employee of the government.

Every one who makes any such offer is guilty of a misdemeanor and liable to the same punishment.

ARTICLE 159.

OTHER CONSEQUENCES OF CONVICTION FOR ANY SUCH OFFENCE.

2 Every person convicted of any offence under the provisions of the two Articles next preceding shall be incapable of contracting with or holding any contract under any of the said governments.

1 R. S. C. c. 173, s. 22.

2 R. S. C. c. 173, s. 23.