6.4 Reading the Criminal Code: Key Definitions & Common Offences
Key Takeaways
The Criminal Code is divided into Parts; investigators most often use Part I (definitions, force, defences), Part VI (interception), Parts VIII to XI (offences against persons and property, fraud, mischief) and Part XVI (arrest and informations).
Criminal Code s. 2 defines peace officer to include sheriffs, justices of the peace, police officers, bailiffs and persons employed to execute civil process; a private investigator is neither a peace officer nor a public officer.
Theft is defined in s. 322 and punished in s. 334; theft over $5,000 and theft of $5,000 or less are both hybrid offences.
Fraud over $5,000 under s. 380(1)(a) is indictable with a maximum of 14 years, while fraud of $5,000 or less is hybrid.
Hybrid offences are deemed indictable under Interpretation Act s. 34(1)(a), so a citizen who finds someone committing one may rely on Criminal Code s. 494(1)(a).
Syllabus section 4 asks for "an overview of the Criminal Code, including a breakdown of the different parts and a segment on how to read law." It specifically mentions section 2, the definitions of peace officer and public officer, and the common offences an investigator must recognize before relying on a citizen's arrest. The ministry's study guide names kidnapping (s. 279), theft (s. 322), false pretence (s. 361) and fraud (s. 380). This section gives you the tools to read those provisions accurately.
How the Criminal Code Is Organized
The Criminal Code (R.S.C. 1985, c. C-46) is a federal statute divided into numbered Parts. The Parts most relevant to investigators are:
| Part | Subject | Examples of what it contains |
|---|---|---|
| Part I | General | Definitions (s. 2); parties to offences (ss. 21–22); protection of persons administering the law (ss. 25–27); self-defence and defence of property (ss. 34–35) |
| Part IV | Offences against the administration of law and justice | Obstructing a peace officer (s. 129), personating a peace officer (s. 130), perjury (ss. 131–132), fabricating evidence (s. 137), obstructing justice (s. 139), public mischief (s. 140) |
| Part V | Sexual offences, public morals and disorderly conduct | Voyeurism (s. 162), causing a disturbance (s. 175), trespassing at night (s. 177) |
| Part VI | Invasion of privacy | Interception of private communications (ss. 183–196) |
| Part VIII | Offences against the person | Criminal harassment (s. 264), assault (ss. 265–268), kidnapping and forcible confinement (s. 279) |
| Part IX | Offences against rights of property | Theft (ss. 322–334), robbery (s. 343), breaking and entering (s. 348), possession of property obtained by crime (ss. 354–355) |
| Part X | Fraudulent transactions | False pretence (ss. 361–362), fraud (s. 380), identity theft and fraud (ss. 402.2, 403), intimidation (s. 423) |
| Part XI | Wilful and forbidden acts in respect of certain property | Mischief (s. 430) |
| Part XVI | Compelling appearance of an accused | Arrest without warrant (ss. 494–495), laying an information (s. 504) |
| Part XXVII | Summary convictions | Limitation period and general penalty (ss. 786–787) |
How to Read a Criminal Code Provision
- Find the offence-creating words. Most offences begin "Every one who…" or "Everyone commits an offence who…," followed by the conduct.
- Separate the elements. Mark the conduct (actus reus), the mental element ("knowingly," "wilfully," "fraudulently," "with intent to") and any circumstances ("without lawful excuse," "at night," "without colour of right").
- Check for definitions. Words may be defined in s. 2, at the start of the Part, or inside the section. For example, s. 2 defines "night" as 9 p.m. to 6 a.m.
- Find the punishment. Sometimes it is in the same section and sometimes in a separate one. Theft is defined in s. 322 but punished in s. 334.
- Identify the classification. "Indictable offence and liable to…" alone means indictable only. "Indictable … or … summary conviction" means hybrid. "Punishable on summary conviction" alone means summary only.
- Read the whole section, including exceptions and defences. Section 423(2), for instance, removes ordinary information-gathering from the "besetting or watching" form of intimidation.
- Note the marginal notes and amendment history, and use the current consolidated version. Several investigator-relevant sections were amended in 2026.
Section 2: Peace Officer and Public Officer
These definitions matter because a private investigator is neither, and pretending to be either is the s. 130 offence.
"Peace officer" includes, among others:
- a mayor, warden, reeve, sheriff, deputy sheriff, sheriff's officer and justice of the peace;
- a police officer, police constable, bailiff, constable, or other person employed to preserve and maintain the public peace or to serve or execute civil process;
- certain correctional officers, and customs, excise and immigration officers while carrying out their duties;
- fishery guardians and officers while performing duties, and the pilot in command of a Canadian aircraft in flight; and
- designated members of the Canadian Forces.
"Public officer" includes:
- an officer of customs or excise;
- an officer of the Canadian Forces;
- an officer of the RCMP; and
- any officer while enforcing federal laws relating to revenue, customs, excise, trade or navigation.
Points to remember:
- PSISA s. 2(7)(c) exempts a person acting as a peace officer, using the Criminal Code definition (PSISA s. 2(9)).
- Because "bailiff" and persons employed to execute civil process are peace officers, PSISA s. 9(1)(b) forbids licensed investigators from acting as bailiffs.
- Criminal Code s. 129 (obstructing or resisting a public or peace officer in the execution of duty) appears on the O. Reg. 37/08 disqualification list.
Common Offences Investigators Encounter
| Offence | Section(s) | Key elements | Classification |
|---|---|---|---|
| Theft | s. 322 (definition); s. 334 (punishment) | Fraudulently and without colour of right takes or converts anything, with intent to deprive the owner temporarily or absolutely. Theft is complete when the thing is moved with intent to steal (s. 322(2)). | Over $5,000: hybrid, up to 10 years on indictment. $5,000 or less: hybrid, up to 2 years on indictment. |
| False pretence | s. 361 (definition); s. 362 (offence) | A representation of a present or past fact, known to be false, made with fraudulent intent to induce someone to act on it. Exaggerated sales talk is not a false pretence unless it becomes a fraudulent misrepresentation of fact. | Obtaining property by false pretence: same value bands and penalties as theft |
| Fraud | s. 380 | By deceit, falsehood or other fraudulent means, defrauds any person of property, money, valuable security or any service | Over $5,000: indictable, up to 14 years. $5,000 or less: hybrid. |
| Kidnapping | s. 279(1) | Kidnaps a person with intent to confine or imprison them, to send them out of Canada, or to hold them for ransom or service | Indictable (on the O. Reg. 37/08 list) |
| Forcible confinement | s. 279(2) | Without lawful authority, confines, imprisons or forcibly seizes another person | Hybrid, up to 10 years on indictment |
| Assault | ss. 265–266 | Intentionally applies force without consent, or attempts or threatens force with apparent present ability | Hybrid, up to 5 years on indictment |
| Breaking and entering | s. 348 | Breaks and enters a place with intent to commit, or commits, an indictable offence there | Dwelling-house: indictable, up to life. Other place: hybrid, up to 10 years. |
| Possession of property obtained by crime | ss. 354–355 | Possesses property knowing it was obtained by an indictable offence | Value bands as for theft |
| Mischief | s. 430 | Wilfully destroys or damages property, or interferes with its lawful use, enjoyment or operation | Hybrid; up to 10 years if the property exceeds $5,000 |
| Identity fraud | s. 403 | Fraudulently personates another person to gain advantage, obtain property, cause disadvantage or avoid arrest | Hybrid, up to 10 years |
| Trespassing at night | s. 177 | Without lawful excuse, loiters or prowls at night on another's property near a dwelling-house | Summary only |
| Causing a disturbance | s. 175 | Fighting, screaming, swearing or similar conduct in or near a public place | Summary only |
Why Classification Matters for Arrest
- Citizen's arrest under s. 494(1)(a) applies only to a person found committing an indictable offence. Hybrid offences are treated as indictable for this purpose because the Interpretation Act, s. 34(1)(a), deems them indictable. Theft, fraud, assault and mischief all qualify. Trespassing at night and causing a disturbance are summary-only and do not.
- An owner or authorized agent under s. 494(2) may arrest for any criminal offence, including a summary one, committed on or in relation to the property.
- The value threshold ($5,000) affects the maximum penalty, not the citizen's power to arrest someone found committing theft.
Applying the Code: A Short Worked Example
An investigator watching a warehouse yard sees a worker load a pallet of copper fittings, worth about $1,200 by the inventory sheet, into a personal truck. The worker has no paperwork and drives toward the gate.
- Offence: the conduct fits theft (s. 322). The fittings were taken without colour of right, with apparent intent to deprive the owner, and theft was complete when the pallet was moved.
- Classification: under s. 334(b), theft of $5,000 or less is hybrid, so it is deemed indictable.
- Power: an investigator who personally sees the theft could rely on s. 494(1)(a), or on s. 494(2) as the owner's authorized agent if retained for that property.
- Judgment: the existence of a power does not make an arrest wise. Section 6.2 and Chapter 7 explain why most investigators document, identify and call police instead of intervening physically.
Which of the following persons is a "peace officer" under section 2 of the Criminal Code?
A licensed private investigator conducting surveillance for an insurer
A security guard patrolling a shopping mall
A justice of the peace
A corporate fraud investigator employed by a bank
An investigator watches a person take merchandise worth $300 from a client's store without paying. Why can the citizen's arrest power for indictable offences apply?
Because theft of any value is an indictable-only offence
Because theft of $5,000 or less is hybrid, so it is deemed indictable
Because the investigator's PSISA licence converts summary offences into indictable ones for arrest purposes
Because the power applies to every offence, whether summary or indictable
Under Criminal Code s. 322(2), at what point is a theft complete?
When the person, intending to steal, moves the thing or causes it to be moved at all
Only when the person leaves the owner's property while still carrying the thing
Only when the owner discovers the loss and reports it
When the person later sells or hides the thing
Sections you finish are checked off in the contents.