Corruption, Criminal Code and Police Act

When Corrupt losers face Justice

Fabricating evidence

 Every one who, with intent to mislead, fabricates anything with intent that it shall be used as evidence in a judicial proceeding, existing or proposed, by any means other than perjury or incitement to perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Perjury
  •  (1) Subject to subsection (3), every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false.

Witness giving contradictory evidence
  •  (1) Every one who, being a witness in a judicial proceeding, gives evidence with respect to any matter of fact or knowledge and who subsequently, in a judicial proceeding, gives evidence that is contrary to his previous evidence is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years, whether or not the prior or later evidence or either is true, but no person shall be convicted under this section unless the court, judge or provincial court judge, as the case may be, is satisfied beyond a reasonable doubt that the accused, in giving evidence in either of the judicial proceedings, intended to mislead.

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 liable to imprisonment for a term not exceeding 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

Offences relating to affidavits

 Every one who

  • (a) signs a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared before him when the writing was not so sworn or declared or when he knows that he has no authority to administer the oath or declaration,

  • (b) uses or offers for use any writing purporting to be an affidavit or statutory declaration that he knows was not sworn or declared, as the case may be, by the affiant or declarant or before a person authorized in that behalf, or

  • (c) signs as affiant or declarant a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared by him, as the case may be, when the writing was not so sworn or declared,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

 

Compounding indictable offence
  •  (1) Every one who asks for or obtains or agrees to receive or obtain any valuable consideration for himself or any other person by agreeing to compound or conceal an indictable offence is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Obstructing justice
  •  (1) Every one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding,

    • (a) by indemnifying or agreeing to indemnify a surety, in any way and either in whole or in part, or

    • (b) where he is a surety, by accepting or agreeing to accept a fee or any form of indemnity whether in whole or in part from or in respect of a person who is released or is to be released from custody,

    is guilty of

    • (c) an indictable offence and is liable to imprisonment for a term not exceeding two years, or

    • (d) an offence punishable on summary conviction.

Public mischief
  •  (1) Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by

    • (a) making a false statement that accuses some other person of having committed an offence;

    • (b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;

    • (c) reporting that an offence has been committed when it has not been committed; or

    • (d) reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.

  • Punishment

    (2) Every one who commits public mischief

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction

Municipal corruption
  •  (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who directly or indirectly gives, offers or agrees to give or offer to a municipal official or to anyone for the benefit of a municipal official — or, being a municipal official, directly or indirectly demands, accepts or offers or agrees to accept from any person for themselves or another person — a loan, reward, advantage or benefit of any kind as consideration for the official

    • (a) to abstain from voting at a meeting of the municipal council or a committee of the council;

    • (b) to vote in favour of or against a measure, motion or resolution;

    • (c) to aid in procuring or preventing the adoption of a measure, motion or resolution; or

    • (d) to perform or fail to perform an official act.

Misconduct of officers executing process

 Every peace officer or coroner who, being entrusted with the execution of a process, wilfully

  • (a) misconducts himself in the execution of the process, or

  • (b) makes a false return to the process,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

 

THE POLICE ACT AND CORRUPTION

 

SECTION 77 POLICE ACT

SUBSECTION 3

(a) “abuse of authority”, which is oppressive conduct towards a member of the public, including, without limitation,

(i) intentionally or recklessly making an arrest without good and sufficient cause,

(ii) in the performance, or purported performance, of duties, intentionally or recklessly

(A) using unnecessary force on any person, or

(B) detaining or searching any person without good and sufficient cause, or

(iii) when on duty, or off duty but in uniform, using profane, abusive or insulting language to any person including, without limitation, language that tends to demean or show disrespect to the person on the basis of that person’s race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, age or economic and social status;

(b) “accessory to misconduct”, which is knowingly being an accessory to any conduct set out in this subsection, including, without limitation, aiding, abetting, counselling or being an accessory after the fact;

(c) “corrupt practice”, which is

(i) without lawful excuse, failing to make a prompt and true return of, or misappropriating, any money or property received in the performance of duties as a member,

(ii) agreeing or allowing to be under a pecuniary or other obligation to any person in a manner that would likely be seen to affect the member’s ability to properly perform the duties of a member,

(iii) using or attempting to use one’s position as a member for personal gain or other purposes unrelated to the proper performance of duties as a member, or

(iv) using or attempting to use any equipment or facilities of a municipal police department, or any other police force or law enforcement agency, for purposes unrelated to the performance of duties as a member;

(d) “damage to police property”, which is

(i) intentionally or recklessly misusing, losing or damaging

(A) any police property, or

(B) any property that is in police custody or the care of which has been entrusted to the member in the performance of duties as a member, or

(ii) without lawful excuse, failing to report any loss or destruction of, or any damage to, any property referred to in subparagraph (i), however caused;

(e) “damage to property of others”, which is

(i) when on duty, or off duty but in uniform, intentionally or recklessly damaging any property belonging to a member of the public, or

(ii) without lawful excuse, failing to report any such damage, however caused;

(f) “deceit”, which is any of the following:

(i) in the capacity of a member, making or procuring the making of

(A) any oral or written statement, or

(B) any entry in an official document or record,

that, to the member’s knowledge, is false or misleading;

(ii) doing any of the following with an intent to deceive any person:

(A) destroying, mutilating or concealing all or any part of an official record;

(B) altering or erasing, or adding to, any entry in an official record;

(iii) attempting to do any of the things described in subparagraph (i) or (ii);

(g) “discourtesy”, which is failing to behave with courtesy due in the circumstances towards a member of the public in the performance of duties as a member;

(h) “discreditable conduct”, which is, when on or off duty, conducting oneself in a manner that the member knows, or ought to know, would be likely to bring discredit on the municipal police department, including, without limitation, doing any of the following:

(i) acting in a disorderly manner that is prejudicial to the maintenance of discipline in the municipal police department;

(ii) contravening a provision of this Act or a regulation, rule or guideline made under this Act;

(iii) without lawful excuse, failing to report to a peace officer whose duty it is to receive the report, or to a Crown counsel, any information or evidence, either for or against any prisoner or defendant, that is material to an alleged offence under an enactment of British Columbia or Canada;

(i) “improper disclosure of information”, which is intentionally or recklessly

(i) disclosing, or attempting to disclose, information that is acquired by the member in the performance of duties as a member, or

(ii) removing or copying, or attempting to remove or copy, a record of a municipal police department or any other police force or law enforcement agency;

(j) “improper off-duty conduct”, which is, when off duty, asserting or purporting to assert authority as a member, an officer or a member of the Royal Canadian Mounted Police and conducting oneself in a manner that would constitute a disciplinary breach of trust if the member were on duty as a member;

(k) “improper use or care of firearms”, which is failing to use or care for a firearm in accordance with standards or requirements established by law;

(l) “misuse of intoxicants”, which is

(i) owing to the effects of intoxicating liquor or any drug, or any combination of them, being unfit for duty when on duty or reporting for duty, or

(ii) without proper authority, making use of or accepting from any other person intoxicating liquor when on duty or when off duty but in uniform in a public place;

(m) “neglect of duty”, which is neglecting, without good or sufficient cause, to do any of the following:

(i) properly account for money or property received in one’s capacity as a member;

(ii) promptly and diligently do anything that it is one’s duty as a member to do;

(iii) promptly and diligently obey a lawful order of a supervisor.