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Criminal Code

Version of section 338 from 2019-09-19 to 2023-03-20:

Marginal note:Fraudulently taking cattle or defacing brand

  •  (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, without the consent of the owner,

    • (a) fraudulently takes, holds, keeps in his possession, conceals, receives, appropriates, purchases or sells cattle that are found astray, or

    • (b) fraudulently, in whole or in part,

      • (i) obliterates, alters or defaces a brand or mark on cattle, or

      • (ii) makes a false or counterfeit brand or mark on cattle.

  • Marginal note:Punishment for theft of cattle

    (2) Every person who commits theft of cattle is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Evidence of property in cattle

    (3) In any proceedings under this Act, evidence that cattle are marked with a brand or mark that is recorded or registered in accordance with any Act is, in the absence of any evidence to the contrary, proof that the cattle are owned by the registered owner of that brand or mark.

  • Marginal note:Presumption from possession

    (4) Where an accused is charged with an offence under subsection (1) or (2), the burden of proving that the cattle came lawfully into the possession of the accused or his employee or into the possession of another person on behalf of the accused is on the accused, if the accused is not the registered owner of the brand or mark with which the cattle are marked, unless it appears that possession of the cattle by an employee of the accused or by another person on behalf of the accused was without the knowledge and authority, sanction or approval of the accused.

  • R.S., 1985, c. C-46, s. 338
  • 2019, c. 25, s. 123
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