Treason and High Treason in Canada: Sections 46 and 47

Treason is the most serious offence against the state in the Criminal Code. The Code distinguishes high treason, which carries a mandatory life sentence, from treason, which covers a wider range of acts and carries up to life imprisonment. Treason prosecutions are extremely rare in Canada: the best-known historical case is the 1885 trial of Louis Riel for high treason. Today, most cases involving attacks on the state, espionage or foreign interference are charged under terrorism, security of information or foreign interference laws instead.

What the law says

High treason (s. 46(1)) is committed by anyone who, in Canada:

• kills or attempts to kill the Sovereign, or causes them bodily harm tending to death or destruction, maims, wounds, imprisons or restrains them;
• levies war against Canada or does any act preparatory to it; or
• assists an enemy at war with Canada, or any armed forces against which Canadian Forces are engaged in hostilities, whether or not a state of war exists.

Treason (s. 46(2)) is committed by anyone who, in Canada:

• uses force or violence to overthrow the government of Canada or of a province;
• without lawful authority, gives a foreign state’s agent military or scientific information, plans or documents that they know or ought to know may be used against the safety or defence of Canada;
• conspires with anyone to commit high treason or to overthrow a government by force;
• forms an intention to commit high treason or to overthrow a government by force and shows it by an overt act; or
• conspires or forms and shows an intention to pass such information.

A Canadian citizen, or a person who owes allegiance to the Crown in right of Canada, commits high treason or treason by doing any of these things in or outside Canada (s. 46(3)).

Penalties

• High treason: indictable; mandatory life imprisonment (s. 47(1)), treated as a minimum punishment. As with first-degree murder, parole eligibility is set at 25 years (s. 745).
• Treason by force, conspiracy to commit high treason or an overt act: up to life imprisonment (s. 47(2)(a)).
• Passing military or scientific information: up to life if committed while Canada is at war with another country, otherwise up to 14 years (s. 47(2)(b) and (c)).

No one can be convicted of high treason or treason on the evidence of only one witness unless that evidence is corroborated in a material particular by evidence implicating the accused (s. 47(3)).

Related laws

• Sedition (ss. 59-61): advocating the use of force to change the government.
• Terrorism offences (Part II.1), such as participating in the activities of a terrorist group.
• The Security of Information Act, which covers espionage and leaking classified information, and the foreign interference offences added to it in 2024.

If you are charged

• Do not discuss the charge with police or anyone else before getting legal advice. You have the right to stay silent and to speak to a lawyer without delay (your rights if arrested).
• Follow every release condition (no contact, curfew, address). A breach is a new offence (how bail works).
• Attend every court date. Failing to appear is also an offence.
• Get the disclosure: the Crown must give you the evidence it has. A lawyer can review it, negotiate with the Crown (withdrawal, diversion, a lesser charge) or prepare for trial.
• If you cannot afford a lawyer, legal aid and duty counsel at the courthouse can help.

Criminal record and record suspension

A conviction creates a criminal record, unless the court grants a discharge, which is not a conviction (an absolute discharge is removed from the RCMP system after one year, a conditional discharge after three years). A person who was convicted can apply to the Parole Board of Canada for a record suspension (formerly a pardon). For an indictable offence the waiting period is 10 years, counted from the end of the whole sentence, including probation and payment of fines (Criminal Records Act, s. 4). A person sentenced to life imprisonment, however, remains under that sentence for life, even on parole. More from the Parole Board.

Frequently asked questions

What is the punishment for treason in Canada?

High treason carries a mandatory life sentence. Treason carries up to life imprisonment, except passing military or scientific information in peacetime, which carries up to 14 years. Canada abolished the death penalty in 1976.

Has anyone been charged with treason in Canada recently?

Treason charges are extremely rare. Modern cases involving espionage, foreign interference or attacks on the state are usually prosecuted under the Security of Information Act, the foreign interference laws or the terrorism provisions of the Criminal Code.

Can a Canadian commit treason abroad?

Yes. A Canadian citizen, or someone who owes allegiance to the Crown in right of Canada, commits high treason or treason by doing any of the listed acts while in or outside Canada (s. 46(3)).

Related offences

• Sedition in Canada
• Offences Against Public Order
• Participating in Terrorist Group Activity
• Facilitating Terrorist Activity

Sources

• Criminal Code, s. 46
• Criminal Code, s. 47

General legal information, current to the Criminal Code as in force on September 30, 2026. It is not legal advice: every case turns on its facts. Speak to a lawyer about your situation.