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“In Canada, the main difference in law between treason and high treason depends on whether the nation is at war. In nations without a common law legal system, the distinction between high and petty treason did not exist.” -Wikipedia

Treason and other Offences against the Queen’s Authority and Person

  • 46. (1) Every one commits high treason who, in Canada,
    • (a) kills or attempts to kill Her Majesty, or does her any bodily harm tending to death or destruction, maims or wounds her, or imprisons or restrains her;
    • (b) levies war against Canada or does any act preparatory thereto; or
    • (c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are.

  • Treason

    (2) Every one commits treason who, in Canada,

    • (a) uses force or violence for the purpose of overthrowing the government of Canada or a province;
    • (b) without lawful authority, communicates or makes available to an agent of a state other than Canada, military or scientific information or any sketch, plan, model, article, note or document of a military or scientific character that he knows or ought to know may be used by that state for a purpose prejudicial to the safety or defence of Canada;
    • (c) conspires with any person to commit high treason or to do anything mentioned in paragraph (a);
    • (d) forms an intention to do anything that is high treason or that is mentioned in paragraph (a) and manifests that intention by an overt act; or
    • (e) conspires with any person to do anything mentioned in paragraph (b) or forms an intention to do anything mentioned in paragraph (b) and manifests that intention by an overt act.

  • Canadian citizen

    (3) Notwithstanding subsection (1) or (2), a Canadian citizen or a person who owes allegiance to Her Majesty in right of Canada,

    • (a) commits high treason if, while in or out of Canada, he does anything mentioned in subsection (1); or
    • (b) commits treason if, while in or out of Canada, he does anything mentioned in subsection (2).

  • Overt act

    (4) Where it is treason to conspire with any person, the act of conspiring is an overt act of treason.

  • R.S., c. C-34, s. 46;
  • 1974-75-76, c. 105, s. 2.

Punishment for high treason
  • 47. (1) Every one who commits high treason is guilty of an indictable offence and shall be sentenced to imprisonment for life.

  • Punishment for treason

    (2) Every one who commits treason is guilty of an indictable offence and liable

    • (a) to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(a), (c) or (d);
    • (b) to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while a state of war exists between Canada and another country; or
    • (c) to be sentenced to imprisonment for a term not exceeding fourteen years if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while no state of war exists between Canada and another country.