INTRODUCTION AND BRIEF DESCRIPTION
This section states that any peace officer or coroner who intentionally behaves wrongly or provides false information while executing a process can be imprisoned for up to two years.
SECTION WORDING
128 Every peace officer or coroner who, being entrusted with the execution of a process, wilfully (a) misconducts himself in the execution of the process, or (b) makes a false return to the process, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
EXPLANATION
Section 128 of the Criminal Code of Canada lays out specific criminal offences that apply to peace officers or coroners who are entrusted with the execution of a process. These individuals are expected to carry out their responsibilities with the utmost professionalism, impartiality, and integrity. However, when a peace officer or coroner knowingly and willingly engages in misconduct or deception while executing a process, Section 128 allows for criminal charges to be brought against them. The first part of Section 128(a) deals with the willful misconduct of a peace officer or coroner while executing a process. This can include any unethical or improper behavior that violates their obligations and duties as a public official. For example, if a peace officer were to use excessive force or engage in corrupt practices while making an arrest, they would be guilty of misconduct under this section. Similarly, if a coroner were to tamper with evidence or manipulate a crime scene, they would also be charged under this provision. The second part of Section 128(b) deals with false returns, which are essentially reports or documents submitted by a peace officer or coroner that contain false or misleading information. For instance, if a peace officer were to submit a report claiming that they recovered a stolen item, when they had not, this would constitute a false return under this section. Similarly, if a coroner were to manipulate autopsy reports or falsify information related to a cause of death, they could also be charged. Overall, Section 128 serves to uphold the standards and expectations placed on peace officers and coroners to act with honesty, impartiality, and fairness in the execution of their duties. The penalties for such offences includes up to 2 years of imprisonment, providing a strong deterrent for those who may be tempted to abuse their positions of authority.
COMMENTARY
Section 128 of the Criminal Code of Canada is a crucial provision that provides for the legal sanctions against peace officers and coroners who wilfully misconduct themselves or make a false return to the process in the execution of a process. This section is set out to ensure the accountability and responsibility of peace officers and coroners entrusted with enforcing the law. The provision serves as an important safeguard against the misuse of power by those in authority and guarantees the protection of citizens against any potential abuse of process by law enforcement officials. The first subsection of this provision, Section 128(a), makes it an offence for a peace officer or a coroner to wilfully misconduct themselves during the execution of a process. Misconducting oneself in this context refers to any act or omission by a peace officer or a coroner that exceeds the scope of their lawful duties or violates the rights of the accused person. For instance, if a peace officer arrests someone without any reasonable grounds or employs excessive force during an arrest, they have failed to comply with their legal duties and are guilty of misconduct under this section. Similarly, if a coroner deliberately fails to conduct a proper investigation of a death or tamper with evidence, they have violated their legal obligation and are guilty of misconduct under this provision. The second subsection of Section 128, Section 128(b), makes it an offence for peace officers and coroners to make false returns to the process. A return in this context refers to the legal document that acknowledges the service of a process, which may be a warrant, summons, or any other legal order. Making a false return means providing incorrect or false information in the legal document. False returns can occur in various ways, such as failing to serve the process, claiming to have served the document when they had not, or providing any other false information. False returns can lead to the wrongful arrest of an individual or a failure to bring a criminal to justice. As such, making a false return to the process undermines the integrity of the justice system and is a punishable offence under Section 128(b). The penalties under Section 128 are significant and reflect the gravity of the offences. Peace officers or coroners who are found guilty under this section may face imprisonment for up to two years. The sanction provided under this provision is intended to act as a significant deterrent against the abuse of power by those in positions of authority and to reiterate the importance of upholding the law, maintaining integrity, and ensuring accountability in the law enforcement profession. In conclusion, Section 128 of the Criminal Code of Canada serves a crucial role in ensuring the accountability and integrity of peace officers and coroners in the execution of their duties. The provision acts as a deterrent against law enforcement officials who may be inclined towards the misuse of power or abuse their position to violate the rights of others. Through Section 128, Canadian citizens can have confidence in the justice system, knowing that there will be consequences for those who breach the law, regardless of their status or position.
STRATEGY
Section 128 of the Criminal Code of Canada is a critical component of the criminal justice system as it outlines the responsibilities of peace officers and coroners who are entrusted with the execution of a process. The section criminalizes wilful misconduct in the execution of a process, including making a false return to the process. Given the gravity of the offence, it is important to consider strategic points when dealing with this section of the Criminal Code of Canada. One of the strategic considerations when dealing with Section 128 of the Criminal Code of Canada is to ensure that all peace officers and coroners are trained adequately on the execution of a process. The training should focus on the importance of executing the process diligently and within the confines of the law to avoid falling foul of Section 128. The training should also emphasise the need to maintain accurate records and make truthful returns to the process. By training peace officers and coroners to follow best practices when executing a process, the likelihood of wilful misconduct is minimized. Another strategic consideration when dealing with Section 128 is to ensure that effective monitoring mechanisms are in place to detect wilful misconduct by peace officers and coroners. One way of ensuring that there is effective monitoring is to adopt a system of supervision that ensures that executions of processes are routinely reviewed for compliance with the law. Supervision could take various forms, including managerial review, spot-checks, and third-party auditors. Any incidents of wilful misconduct should be immediately reported to the relevant authorities to ensure that legal action is taken. A third strategic consideration when dealing with Section 128 is to ensure that there are robust disciplinary procedures in place to deal with peace officers and coroners who violate the section. The procedure should provide for sufficient investigations to determine whether a peace officer or coroner breached the law wilfully. The process should include disciplinary measures that range from verbal warnings to dismissal from service. A transparent disciplinary procedure enhances the confidence of the public in the justice system as it illustrates the willingness of law enforcement to enforce the law even against its own members. Some strategies that could be employed when dealing with Section 128 include investing in technology to improve the accuracy of records, investing in training officers to ensure that they observe best practices, and investing in investigations to ensure that wilful misconduct is detected early. Technological advancements such as digital record-keeping systems can provide an efficient workflow management system, ensuring that the execution of a process follows all relevant procedures. This system could improve transparency in every process step and reduce the likelihood of wilful misconduct. In addition, training and support for police officers on process execution, including making accurate return to the process, are also essential. In conclusion, Section 128 of the Criminal Code of Canada outlines critically important responsibilities of peace officers and coroners who are entrusted with the execution of a process. Strategic considerations when dealing with this section of the Criminal Code include investing in training for peace officers, having clear monitoring mechanisms in place, having robust disciplinary procedures, investing in technology, and investing in investigations to ensure that wilful misconduct is detected early. By investing in these strategies, the justice system is likely to be more efficient and effective in dispensing justice to all Canadians.