INTRODUCTION AND BRIEF DESCRIPTION
This section describes the penalties for committing an offense under subsection (1) of the Criminal Code of Canada.
SECTION WORDING
108(2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction.
EXPLANATION
Section 108(2) of the Criminal Code of Canada pertains to the offense of impersonation. This section makes it illegal to impersonate someone in order to gain access to any property, obtain a benefit or cause harm or disadvantage to others. Impersonation is a serious offense that is punishable by imprisonment for a term not exceeding five years. There are two types of offenses under Section 108(2): one is an indictable offense, and the other is an offense punishable on summary conviction. The first type of offense under Section 108(2) is an indictable offense which is the most serious type of crime. A person who commits an indictable offense of impersonation can be charged with a criminal offense, and prosecuted through a formal court process. If the person is found guilty, they can face a sentence of up to five years in prison. The second type of offense under Section 108(2) is an offense punishable on summary conviction. This is a less serious offense, but it is still a criminal offense. A person who commits this offense can be prosecuted through a simpler court process, and if found guilty, they can face a sentence of up to six months in jail, or a fine or both. It is important to note that Section 108(2) applies to all types of impersonation, whether it is online or offline, including using someone else's name or identity to commit fraud or to gain access to sensitive or confidential information. This section of the Criminal Code of Canada is meant to deter and punish individuals who engage in impersonation and protect individuals' privacy and security.
COMMENTARY
Section 108(2) of the Criminal Code of Canada makes it clear that any person who commits an offence under subsection (1) will face serious legal consequences. Subsection (1) of this section outlines the different actions that constitute the offence of possessing stolen property. A person who possesses property knowing it to be stolen can be charged with this offence. However, it is important to note that the possession must be intentional. If the accused has no knowledge that the property is stolen, they cannot be charged with this offence. The penalties for committing this offence vary depending on the seriousness of the crime. If the accused is found guilty of an indictable offence, they can face imprisonment for a term not exceeding five years. However, if the offence is deemed less serious, the person may be charged with an offence punishable on summary conviction. The consequences of a summary conviction vary, but typically involve a fine or a short term of imprisonment. One of the key aspects of this section of the Criminal Code of Canada is the fact that it places heavy emphasis on the intention of the accused. In order to be charged with possessing stolen property, the accused must have knowingly and intentionally possessed property that they knew to be stolen. This allows for a more nuanced understanding of the crime and ensures that individuals who are not aware of the criminal origins of the property in their possession are not charged with this offence. However, this section of the Criminal Code of Canada has faced criticism from some who argue that the penalties for committing the offence are not severe enough. In particular, those who advocate for stronger criminal justice measures argue that a five-year maximum sentence is insufficient for a crime that involves the unlawful possession of another person's property. They argue that such offences should be punished more severely in order to deter individuals from engaging in criminal behaviour. At the same time, others argue that the penalties for possessing stolen property are too harsh and disproportionately affect marginalized communities. This is because individuals who are economically disadvantaged may be more likely to engage in such crimes as a means of survival. Punishing them with harsh legal consequences may not address the root cause of the criminal behaviour and may instead perpetuate social inequalities. Overall, section 108(2) of the Criminal Code of Canada serves an important purpose in ensuring that individuals who knowingly possess stolen property face legal consequences for their actions. However, it is important to consider the nuances of each individual case and to ensure that the appropriate penalties are applied. This requires a comprehensive understanding of the factors that motivate individuals to engage in criminal behaviour and the role that poverty and marginalization play in exacerbating criminal behaviour. Only then can we achieve a system of justice that is truly fair and just for all individuals.
STRATEGY
Section 108(2) of the Criminal Code of Canada outlines the potential consequences for individuals who commit an offence under subsection (1), which deals with the obstruction of justice. When dealing with this section, there are several strategic considerations that individuals should keep in mind in order to effectively navigate the legal system and potentially reduce or avoid charges. One of the main strategies that individuals can employ when facing potential charges under Section 108(2) is to seek legal representation as soon as possible. This is important because obstruction of justice charges can be difficult to defend against without knowledgeable legal counsel, as they often hinge on the specific circumstances of the case and the actions taken by the accused. By working closely with a lawyer, individuals can gain a better understanding of their legal options and build a stronger defence that takes into account the nuances of their particular case. Another important consideration when dealing with Section 108(2) is the nature of the offence itself. Obstruction of justice can encompass a wide range of actions, from interfering with a police investigation to tampering with evidence, and the severity of the offence can vary depending on the specific circumstances involved. As such, it is important for individuals to fully understand the nature and scope of the charges they are facing, and to work with their legal counsel to develop a defence strategy that is tailored to their particular situation. In addition to seeking legal representation and understanding the nature of the charges, individuals can also employ a number of other strategies when dealing with Section 108(2). For example, they may choose to cooperate with law enforcement officials and provide any information or evidence that could be helpful in their defence. Alternatively, they may choose to exercise their right to remain silent and avoid saying anything that could potentially incriminate them. Ultimately, the key to effectively dealing with Section 108(2) is to carefully consider the specific circumstances of the case and work closely with legal counsel to develop a defence strategy that takes into account all available legal options. Whether through cooperation with law enforcement officials, careful preparation of the case, or strategic use of legal tactics, individuals can work to reduce or avoid charges under this section of the Criminal Code of Canada.