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268. (1) Every one commits an
aggravated assault who wounds, maims, disfigures or endangers the life of the
complainant.
(2) Every one who commits an aggravated
assault is guilty of an indictable offence and liable to imprisonment for a
term not exceeding fourteen years.
(3) For greater certainty, in this section,
“wounds” or “maims” includes to excise, infibulate or
mutilate, in whole or in part, the labia majora,
labia minora or clitoris of a person, except where
(a) a surgical procedure is performed, by a
person duly qualified by provincial law to practise
medicine, for the benefit of the physical health of the person or for the
purpose of that person having normal reproductive functions or normal sexual
appearance or function; or
(b) the person is
at least eighteen years of age and there is no resulting bodily harm.
(4) For the purposes of this section and
section 265, no consent to the excision, infibulation
or mutilation, in whole or in part, of the labia majora,
labia minora or clitoris of a person is valid, except
in the cases described in paragraphs (3)(a) and (b).
R.S., 1985, c. C-46,
s. 268; 1997, c. 16, s. 5.
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