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Against Authority Criminal Code, s. 52

Sabotage

Sabotage is any prohibited act that could harm the safety, security or defence of Canada.

Last reviewed: July 2026 Section: Criminal Code, s. 52 Procedure: A prosecution requires the Attorney General's consent
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Plain-Language Summary

Sabotage: What It Means Under Canadian Law

Sabotage means damaging property, or putting it out of action, to harm Canada’s safety, security, or defence. That can mean vehicles, aircraft, or machines. The purpose behind the damage is what counts. The same rule applies to foreign forces lawfully in Canada. The longest sentence is 10 years in prison.

Sabotage is defined in s.52 of the Criminal CodeA federal act codifying most criminal offences in Canada as any prohibited act intended to deliberately damage, destroy, or obstruct for political or military advantage. This includes actions that harm Canada's safety, security, or defence or threaten the country's naval, army, or air forces. The word comes from the French word saboteur, meaning "bungle, botch, or wreck." Examples of prohibited acts include impairing the efficiency of machinery or causing property to be lost, damaged or destroyed. The maximum penalty upon conviction for sabotageA destructive act that may harm Canada's safety, security, defence, or essential systems. as an indictable offenceA criminal activity is 10 years in prison. Less severe sentences may be given if the charge is prosecuted as a summary conviction.

What Is Sabotage?

According to s.52 (1) of the Criminal Code, sabotage is any prohibited act that could harm the safety, security or defence of Canada. It also is any act that threatens the country's naval, army or air forces, or any country's military that is lawfully operating in Canada. The word comes from the French word saboteur and refers to the action of deliberately destroying, damaging or obstructing something for political or military advantage.

What Is a Prohibited Act?

According to s.52 (2) of the Code, a prohibited act that is essential for any charge of sabotage refers to an act or an omission that:

  • impairs the efficiency or impedes the working of any vessel, vehicle, aircraft, machinery, or another type of apparatus, or:
  • causes property to be lost, damaged or destroyed.

What the Crown Must Prove

To win a conviction, the Crown prosecutor must prove that your actions constituted a prohibited act that was prejudicial to the safety of Canada or national military units legally operating within our borders.

Section 52 (3) of the Code sets out examples of what cannot be considered a prohibited act when it comes to the charge of sabotage. They include:

  • if you stop working as a result of the failure to reach an agreement with your employer on any matter related to your position;
  • if you stop working for your own protection or for that of fellow workers.

Section 52 (4) 4 notes that it is not a prohibited act to be near a dwelling-house or other place if you are there only for the purpose of obtaining or communicating information.

What Is The Penalty for Sabotage?

If your charge of sabotage is treated as an indictable offenceA more serious type of Canadian criminal offence. the maximum penalty upon conviction is 10 years in prison. Less severe sentences are given if the charge is prosecuted as a summary convictionUsed for lesser offences.

How a prosecution starts

A prosecution for sabotage under s. 52 requires the consent of the Attorney General. The same consent rule also applies to the newer sabotage offences in ss. 52.1 and 52.2.

Protest, dissent, and work stoppages

The sabotage section is not meant to capture lawful advocacy, protest, dissent, work stoppage, or labour activity unless the specific intent required by the section is present.

Related newer sabotage offences

Parliament added two newer, separate sabotage offences in 2024: s. 52.1 (sabotage of essential infrastructure) and s. 52.2 (making or possessing a device to commit sabotage). Each is its own offence with its own penalty clause. This page focuses on the core sabotage offence in s. 52.

What the Crown Must Prove

To get a conviction, the Crown must prove every part of the offence beyond a reasonable doubt.

Section

1

Prohibited act

The accused did an act or omission that either (a) impaired the efficiency of, or impeded the working of, a vessel, vehicle, aircraft, machinery, apparatus, or other thing; or (b) caused property (regardless of who owned it) to be lost, damaged, or destroyed.

2

Specific intent to endanger

The accused did the prohibited act with the intent to endanger (a) the safety, security or defence of Canada, or (b) the safety or security of the naval, army or air forces of a foreign state lawfully present in Canada.

Proof rule

Act not a protected labour stoppage

The Crown must be able to show the act was not merely a work stoppage arising from an unresolved employment dispute or lawful collective action by workers/employees — these are excluded from 'prohibited act' by the saving clause.

Proof rule

Act not mere information-gathering

The saving clause also excludes merely attending at, near, or approaching a dwelling-house or place for the sole purpose of obtaining or communicating information.

Proof rule

Not protected advocacy, protest or dissent

A person does not commit the offence if they do a prohibited act while participating in advocacy, protest or dissent, provided they do not intend to cause the harms described in 52(1)(a)-(b). The Crown's intent element (above) is what distinguishes protected protest from sabotage.

A proof rule (a presumption) is a rule about evidence. It does not mean the person is automatically guilty. It means the court may treat one fact as evidence of another fact unless there is evidence pointing the other way.

Possible Penalties

These are maximum sentences. Actual sentences depend on the facts, criminal history, and any mitigating or aggravating circumstances.

Sabotage — doing a prohibited act with intent to endanger the safety, security or defence of Canada, or of allied forces in Canada — s. 52

Hybrid
Maximum penalty (by indictment)
10 years
How it proceeds
Crown may proceed by indictment or summary conviction

No mandatory minimum applies. On summary conviction, the general s. 787(1) default applies: a fine of up to $5,000, imprisonment for up to two years less a day, or both.

What these words mean
Indictable
The more serious way to prosecute an offence. It can carry higher maximum penalties.
Summary conviction
The less serious, usually faster way to prosecute an offence, with lower maximum penalties.
Hybrid
An offence the Crown can prosecute either way — by indictment or by summary conviction.
Summary only
Summary-only offences are prosecuted by summary conviction. The Criminal Code sets the maximum penalty in the specific offence section.
Crown election
The Crown prosecutor’s choice of which way to proceed on a hybrid offence.

Possible Defences and Legal Issues

This page covers more than one section. Possible defences and legal issues are set out by section below.

Sabotage — s.52

Section 52 includes built-in exceptions. The section says a person does not do a “prohibited act” only because they stop work over an unresolved employment dispute, or because they take part in a combination of workers for their own reasonable protection, or only because they approach a place “for the purpose only of obtaining or communicating information”. The section also says that, for greater certainty, a person does not commit the offence if they take part in “advocacy, protest or dissent” but do not intend to endanger the safety, security, or defence of Canada, or the safety or security of allied forces lawfully present in Canada. These exceptions are limited and depend on the facts, including intent.

Sabotage of Essential Infrastructure — s.52.1

Section 52.1 (sabotage of essential infrastructure) contains the same kind of built-in exceptions as section 52. A person does not commit the offence “by reason only that” they stop work over an unresolved employment dispute or take part in a lawful combination of workers for their own protection, or approach a place “for the purpose only of obtaining or communicating information”. The section also says, for greater certainty, that a person does not commit the offence if they interfere with access to essential infrastructure while participating in “advocacy, protest or dissent” but do not intend to cause any of the harms the section lists. These exceptions are limited and depend on the facts, including intent.

Making or Possessing a Device for Sabotage — s.52.2

Section 52.2 does not list a special defence and does not include the exceptions found in sections 52 and 52.1 for work stoppages, information-gathering, or advocacy, protest, or dissent — those exceptions apply only to offences under sections 52 and 52.1, not to section 52.2. The Crown still has to prove the parts of the offence, including that a device was made, possessed, sold, or distributed with the intent or knowledge the section describes.

Possible issues may still depend on the facts, the evidence, and whether the Crown can prove each part of the offence. This is general legal information, not legal advice.

Common Legal Terms

Terms marked with a dotted underline in the article above are defined here and available in the full site glossary.

Indictable offence
Glossary entry →

An indictable offence is generally a more serious type of Canadian criminal offence. Some indictable matters have higher maximum penalties and may involve different court procedures, including election about the mode of trial in some cases.

Summary conviction
Glossary entry →

Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.

Legal sources

The official statute section(s) this page is based on. Always confirm against the official source before relying on it.

Government References

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General legal information only. Not legal advice. We do our best to keep this page accurate and up to date, but criminal law can change and every case depends on its facts. Check the review date and consult the Criminal Code or a criminal defence lawyer before relying on this information.

About this page

Criminal Code Help explains selected Criminal Code offences and related legal concepts in plain language. The goal is to help readers understand the general meaning of the law without having to read the full statutory text.

This page is a simplified summary. It does not include every exception, definition, court interpretation, evidentiary issue, Charter issue, sentencing factor, or procedural rule that may apply in a real case.

Legal information, not legal advice

This page is general legal information only. It is not legal advice and should not be relied on as advice about any specific charge, investigation, court file, or personal situation.

Possible defences and legal issues depend on the facts, the evidence, the exact charge, current Canadian law, and the province or territory where the case is being handled. If you are facing a criminal charge or researching a real legal problem, speak with a criminal defence lawyer in your province or territory.