Don't Scare the Queen: A Law Canadians Never Knew Existed
- Sara Santos-Vigneault
- Aug 10
- 6 min read
Written by: Sara Santos-Vigneault
Date: August 10, 2026
For more than a century, Canada's Criminal Code contained an unusual offence that few Canadians knew existed. Former section 49 made it an indictable offence, punishable by up to 14 years' imprisonment, to wilfully do an act intended to alarm the Sovereign, break the public peace, or cause bodily harm to the Sovereign while in her presence. [1]
Despite remaining part of Canadian law for well over 100 years, there is no reported case in which anyone was prosecuted under the provision.
It was repealed in December 2018 as part of Parliament's effort to modernize Canada's criminal laws by removing obsolete offences. [3]
A Crime Dating Back to Canada's Early Criminal Code
Canada's first comprehensive Criminal Code, enacted in 1892, contained a broader predecessor to section 49, then titled "Assaults on the Queen." At the time, a conviction could also result in corporal punishment — the accused could be sentenced to be whipped. [4]
Much of the original Code drew heavily from English criminal law, reflecting Canada's constitutional relationship with the British Crown. At the time, the Sovereign was viewed not merely as a ceremonial figure, but as the legal embodiment of the state. Protecting the monarch was therefore considered part of protecting the stability and authority of the government itself.
The provision was not a piece of abstract legislative housekeeping. Its specific prohibited acts closely paralleled a series of real assaults and assassination attempts against Queen Victoria in Britain during the nineteenth century — among them Robert Pate's 1850 attack, in which he struck the Queen with a cane. [4] That pattern of European attacks on reigning monarchs heightened concerns about royal safety generally, making special legal protections appear both reasonable and necessary at the time Canada's Code was drafted.
The 1892 Code itself was introduced in the House of Commons as Bill 7 on March 8, 1892, by Sir John Thompson, then Minister of Justice and Attorney General of Canada, who later became Prime Minister. [7] The actual drafting was handled by his Justice Department officials — Deputy Minister Robert Sedgewick and his predecessor George Burbidge, by then a judge of the Exchequer Court — drawing on four sources Thompson identified to Parliament: the 1880 English Draft Code prepared by Sir James Fitzjames Stephen, Stephen's 1887 Digest of the Criminal Law, Burbidge's own 1889 Digest of Canadian Criminal Law, and existing Canadian statute law. [7] [8]
Passage through Parliament was notably swift and largely uncontroversial for a bill of its size, moving from second reading to final approval in roughly two months, and it received Royal Assent on July 9, 1892, coming into force on July 1, 1893. [8] The only significant opposition came from Supreme Court Justice Henri-Elzéar Taschereau, who objected to the broader concept of codifying the criminal law at all, rather than to this provision specifically. [8] "Assaults on the Queen" itself was placed within a cluster of offences against the Crown's authority and person — alongside treason and inciting mutiny — rather than singled out for debate on its own. There is no indication in the historical record that the provision attracted particular scrutiny or controversy at the time.
The offence was later renamed "Assaults upon the King" following Edward VII's accession in 1901, and took the form most Canadians would recognize — centred on "alarm" rather than physical assault alone — following the 1954 revision of the Code. [4]
What Did Former Section 49 Prohibit?
In its final form, former section 49 of the Criminal Code read:
"Every one who wilfully, in the presence of Her Majesty, (a) does an act with intent to alarm Her Majesty or to break the public peace, or (b) does an act that is intended or is likely to cause bodily harm to Her Majesty, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years." [1]
The offence therefore covered two distinct types of conduct: acts done with the specific intent to alarm the Sovereign or to break the public peace in her presence, and acts intended or likely to cause her bodily harm. The first branch required proof of a genuine, deliberate intent — it was not enough that an act happened to frighten or concern the monarch by accident. The second branch was somewhat broader, since it could also be met by conduct that was merely "likely" to cause harm, without full proof of intent. [4]
Conviction carried a maximum sentence of 14 years' imprisonment, reflecting the seriousness with which Parliament historically viewed offences against the Crown.
Was Anyone Ever Charged?
Although members of the Royal Family have visited Canada countless times since Confederation, no reported Canadian decision indicates that anyone was ever charged or convicted under former section 49.
Likewise, there are no well-documented reports of police threatening to lay this specific charge during royal tours or public demonstrations. When security incidents did occur, authorities instead relied on more practical Criminal Code offences such as assault, uttering threats, weapons offences, causing a disturbance, or breach of the peace. The absence of reported prosecutions suggests the offence existed primarily as a safeguard rather than as a provision regularly used by law enforcement.
Why Was the Law Never Used?
By the latter half of the twentieth century, former section 49 had become largely unnecessary. Modern criminal offences already prohibited conduct that could endanger or intimidate the Sovereign, including:
Assault and assault with a weapon;
Uttering threats;
Criminal harassment;
Weapons offences;
Public order offences; and
Terrorism-related offences where applicable.
Unlike section 49, these provisions applied equally regardless of who the intended victim was. They were also generally easier to prosecute because they did not require proof that the accused specifically intended to alarm the Sovereign, or that the accused was aware of being in her presence.
As Canada's criminal law evolved, the special offence protecting the Sovereign became increasingly redundant.
Parliament Removes an Obsolete Offence
Section 49 was repealed by Bill C-51, an Act to amend the Criminal Code and the Department of Justice Act, which received Royal Assent on December 13, 2018. [3] The bill removed a number of Code provisions Parliament considered outdated, unconstitutional, or unnecessary.
The Library of Parliament's legislative summary identified section 49 among the provisions repealed because the conduct it addressed was already adequately covered elsewhere in the Code, making the specific offence redundant. [3] The repeal was part of a broader effort to modernize the Code and eliminate provisions that had become superfluous over time.
Importantly, repealing section 49 did not reduce legal protections for the Sovereign or members of the Royal Family. Conduct involving threats, violence, harassment, or attacks remains fully criminal under numerous other provisions of the Criminal Code.
A Window Into Canada's Legal History
Although former section 49 appears never to have been enforced, it offers a fascinating glimpse into the evolution of Canadian criminal law.
The provision reflected an era when offences against the Crown were viewed differently from offences against ordinary citizens, and when special legal protections for the monarch were considered an important safeguard for the state itself.
Today, Canadian criminal law generally favours offences that protect all individuals equally, regardless of their office or status. The repeal of section 49 illustrates how the Criminal Code has gradually shifted away from highly specialized historical offences toward broader provisions that address harmful conduct in a more consistent and practical manner.
Former section 49 therefore remains less notable for how it was used than for the fact that, despite existing for more than a century and carrying a maximum penalty of 14 years' imprisonment, it appears never to have been used at all.
References
[1] Criminal Code, R.S.C. 1985, c. C-46 (archived), former s. 49. https://laws-lois.justice.gc.ca/eng/acts/c-46/section-49-20030101.html
[2] The Criminal Code, 1892, S.C. 1892, c. 29.
[3] Library of Parliament, Legislative Summary of Bill C-51: An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act, Publication No. 42-1-C51-E.
[4] Lisa Silver, "Episode 44 of the Ideablawg Podcasts on the Criminal Code of Canada: Section 49 – Alarming The Queen," Ideablawg (March 19, 2016). https://www.ideablawg.ca/blog/2016/3/19/ondj7suz56fh1ddq1ybatdmvzss112
[7] Public Prosecution Service of Canada, Federal Prosecution Service Deskbook, Chapter 1: Sources of the Criminal Law in Canada. https://www.ppsc-sppc.gc.ca/eng/pub/fpsd-sfpg/fps-sfp/fpd/ch01.html
[8] Alan W. Mewett, "The Canadian Criminal Code, 1892-1992," 1993 CanLIIDocs 166. https://www.canlii.org/en/commentary/doc/1993CanLIIDocs166
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