section 118

INTRODUCTION AND BRIEF DESCRIPTION

The definition of official in this Part includes individuals who hold an office or are responsible for public duties.

SECTION WORDING

118 In this Part, "official" means a person who (a) holds an office, or (b) is appointed or elected to discharge a public duty;

EXPLANATION

Section 118 of the Criminal Code of Canada defines the term "official" in the context of Part IV, which deals with offences against public order. The definition of "official" is crucial in this context because the offences outlined in Part IV specifically target individuals who abuse their position of power or authority for personal gain or to undermine the public interest. The definition of "official" is broad and encompasses two categories of people. The first category is individuals who hold an office, which implies a formal position within a government department or agency. Common examples include police officers, elected officials, and judges. These individuals are entrusted with significant power and responsibility, and as such, their conduct is held to a higher ethical and legal standard than other members of society. The second category of individuals who fall under the definition of "official" are those who are appointed or elected to discharge a public duty. This category includes individuals who may not hold a formal office but are still expected to act in the public interest. Examples of such individuals are municipal bylaw officers or school board trustees. This category is designed to capture individuals who may not have the same level of formal power as those in the first category but still occupy positions of public trust. Overall, Section 118 ensures that the Criminal Code of Canada provides comprehensive coverage for all those who occupy positions of public trust or authority. By defining "official," the Code makes it clear that certain types of conduct by these individuals are subject to enhanced scrutiny and punishment. This approach is critical to maintaining the integrity of public institutions and ensuring that those who occupy positions of power act in the public interest.

COMMENTARY

Section 118 of the Criminal Code of Canada defines the term official" in the context of Part IV of the Code, which pertains to offences against public order. The definition of official" includes a person who holds an office, or who is appointed or elected to discharge a public duty. The inclusion of this definition in the Code is significant because it establishes the criteria for determining who is considered an official" for the purposes of Part IV offences. This is important because many of the offences in this part of the Code are specifically directed at officials and their abuse of power or authority. The Code defines a number of offences that are specific to officials, such as bribery, influencing or attempting to influence a public official, breach of trust, and conspiracy to commit these offences. These offences are designed to prevent corruption and misconduct by officials in the performance of their duties. In addition, the fact that the definition of official" includes not only those who hold office, but also those appointed or elected to discharge public duty, highlights the broad scope of the offences in Part IV. This means that individuals who hold positions of authority or responsibility - whether they are elected officials, appointed officials, or other individuals appointed to perform a public duty - are subject to the provisions of this part of the Code. The definition of official" is also significant because it reflects the importance that Canadian law places on ensuring the integrity of public institutions and the public trust in those institutions. The criminal law serves as a critical institution in protecting against corruption and abuse of power by those in positions of authority. While the definition of official" is a key component of the Criminal Code, it is not without controversy. Some critics have argued that the definition is too broad and can be used to criminalize behaviour that should not be considered criminal. Others argue that the definition should be expanded to include a wider range of individuals who have the potential to abuse their position of authority, such as private contractors who work closely with government officials. Despite these criticisms, the overall importance of establishing a clear definition of official" cannot be overstated. This definition helps to ensure that those in positions of authority are aware of their responsibilities and the consequences of their actions, while also providing a mechanism for holding officials accountable for their misconduct. In conclusion, Section 118 of the Criminal Code of Canada defines the term official" in the context of Part IV of the Code. This definition is key to ensuring that those who hold positions of authority are subject to the provisions of the Code, and serves to protect against corruption and abuse of power by those in positions of authority. While the definition has its critics, its overarching aim is to safeguard the public trust in public institutions and ensure the integrity of those institutions.

STRATEGY

Section 118 of the Criminal Code of Canada provides that an official" is a person who holds an office or is appointed or elected to discharge a public duty. This section is central to several offences, including bribery, corruption, and breach of trust by a public officer. When dealing with this section of the Criminal Code, there are several strategic considerations that must be taken into account. Some strategies that can be employed in dealing with this section of the Criminal Code include: 1. Understanding who qualifies as an official" The first and perhaps most significant consideration when dealing with this section of the Criminal Code is understanding who qualifies as an official". The section defines an official as either a person who holds an office or is appointed or elected to discharge a public duty. It is, therefore, essential to determine whether the person in question fits into one of these categories before investigating whether they have committed an offence under this section. 2. Conducting a thorough investigation In cases where an offence under section 118 of the Criminal Code is suspected, conducting a thorough investigation is essential. This includes gathering evidence, interviewing witnesses, and analyzing financial records. By doing so, investigators can build a comprehensive case against the individual in question. 3. Assessing the level of culpability When dealing with section 118 of the Criminal Code, it is vital to assess the level of culpability of the individual in question. For example, is the official guilty of neglecting his or her duties or actively engaging in corrupt activities? This decision is crucial in determining the severity of the offence and the corresponding level of punishment. 4. Considering the public perception In cases involving public officials, it is essential to consider the public perception of the situation. This can have a considerable impact on the outcome of the case. A case involving allegations of corruption or bribery, for instance, can have a damaging effect on public trust and confidence in government institutions. As such, prosecutors must be mindful of how the public will perceive the case. 5. Seeking legal representation Officials charged with offences under section 118 of the Criminal Code should seek legal representation immediately. A competent lawyer can provide legal advice and representation throughout the legal process, which can help to mitigate the potential consequences of a conviction. In conclusion, dealing with section 118 of the Criminal Code of Canada requires careful consideration of several strategic factors. Establishing who qualifies as an official", conducting thorough investigations, assessing the level of culpability, considering public perception, and seeking legal representation are all crucial elements of dealing with this section. By taking these factors into account, prosecutors can build a robust case against individuals suspected of committing offences under this section.