INTRODUCTION AND BRIEF DESCRIPTION
Willful attempts to obstruct, pervert or defeat justice in a judicial proceeding through indemnifying or accepting fees from sureties is punishable by imprisonment under Section 139(1) of the Criminal Code of Canada.
SECTION WORDING
139(1) Every one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding, (a) by indemnifying or agreeing to indemnify a surety, in any way and either in whole or in part, or (b) where he is a surety, by accepting or agreeing to accept a fee or any form of indemnity whether in whole or in part from or in respect of a person who is released or is to be released from custody, is guilty of (c) an indictable offence and is liable to imprisonment for a term not exceeding two years, or (d) an offence punishable on summary conviction.
EXPLANATION
Section 139(1) of the Criminal Code of Canada deals with the offence of attempting to obstruct, pervert or defeat the course of justice in a judicial proceeding. The section specifies two types of conduct that would amount to this offence. The first is when someone attempts to indemnify or agree to indemnify a surety, whether in whole or in part, thereby obstructing the course of justice. A surety is a person who guarantees to the court that the accused will attend all the scheduled court proceedings. By providing indemnity or agreeing to provide indemnity to a surety, an accused person may try to influence the surety to withdraw the guarantee, thereby defeating the course of justice. The second type of conduct covered by the section is when a surety, while acting in that capacity, accepts or agrees to accept a fee or any form of indemnity, either in whole or in part, from a person who is released or is about to be released from custody. This action may also obstruct the course of justice as it may influence the surety to withdraw the guarantee or affect the outcome of the case. Section 139(1) provides that anyone who commits the above-mentioned acts with the intention of obstructing or defeating the course of justice is guilty of an indictable offence and may be imprisoned for a term not exceeding two years or be punished on summary conviction. Thus, this provision is aimed at ensuring that the course of justice in a judicial proceeding is not perverted by the actions of those involved in the proceeding.
COMMENTARY
Section 139(1) of the Criminal Code of Canada is an important provision which aims to protect the integrity of the judicial proceeding by penalizing conduct that obstructs, perverts or defeats the course of justice. To this end, the section criminalizes two types of conduct: indemnifying or agreeing to indemnify a surety, and accepting or agreeing to accept a fee or any form of indemnity as a surety. The first type of conduct captured by section 139(1) is the wilful attempt to obstruct, pervert or defeat the course of justice by indemnifying or agreeing to indemnify a surety. A surety is someone who guarantees that an accused person will attend court as required or will fulfil other conditions, such as not contacting certain individuals or visiting certain places. In exchange for providing this guarantee, the surety may be required to provide a financial assurance, such as a deposit or a promise to pay a certain sum if the accused person fails to comply with the conditions. Section 139(1)(a) prohibits an individual from indemnifying or agreeing to indemnify a surety in any way and either in whole or in part. This means that an individual cannot offer to pay a surety's financial obligation or promise to do so if the accused person fails to comply with the conditions. The reason for this prohibition is that the payment of the financial obligation could be seen as a bribe or an inducement to the surety to allow the accused person to breach the conditions or to fail to attend court as required. This would undermine the purpose of the bail system, which is to ensure that accused persons attend court and do not pose a risk to public safety or the administration of justice. The second type of conduct captured by section 139(1) is the wilful attempt to obstruct, pervert or defeat the course of justice as a surety by accepting or agreeing to accept a fee or any form of indemnity whether in whole or in part from or in respect of a person who is released or is to be released from custody. This means that a surety cannot receive any payment or benefit in exchange for providing the guarantee or for allowing the accused person to breach the conditions or fail to attend court. Section 139(1)(b) also prohibits a surety from agreeing to accept a fee or any form of indemnity whether in whole or in part. This means that a surety cannot promise to receive a payment or benefit in the future in exchange for providing the guarantee. The reason for this prohibition is similar to the one behind section 139(1)(a): it aims to prevent the surety from being influenced by financial gain rather than the requirements of the bail system. Section 139(1) also provides for the penalties for breaching either of these prohibitions. The offence is an indictable offence, which means that it is a more serious offence that can result in imprisonment for a term not exceeding two years. Alternatively, it can be prosecuted as an offence punishable on summary conviction, which means that it is a less serious offence that can result in a fine or imprisonment for a term not exceeding six months. In conclusion, section 139(1) of the Criminal Code of Canada is a necessary provision that seeks to protect the integrity of the bail system and the administration of justice. The section makes it clear that any attempt to obstruct, pervert or defeat the course of justice in a judicial proceeding is a criminal offence, regardless of whether it involves the payment of a surety's financial obligation or the receipt of a payment or benefit as a surety. The penalties for breaching the section reflect the seriousness of the offence and the need to deter such behaviour.
STRATEGY
Section 139(1) of the Criminal Code of Canada is a serious offence that deals with attempts to obstruct, pervert, or defeat the course of justice in a judicial proceeding. This section of the Criminal Code is very broad and can be applied to a wide range of actions. As such, it is important to have a strategic approach when dealing with it. The following are some strategic considerations and strategies that could be employed when dealing with Section 139(1) of the Criminal Code of Canada. 1. Understand the scope of the offence: The first consideration is to understand the scope of the offence. Section 139(1) of the Criminal Code is not limited to actions by defendants or accused persons. It can also include actions by lawyers, witnesses, or any other person who attempts to obstruct or pervert the course of justice. As such, it is important to carefully evaluate the actions of anyone who may be implicated in this offence. 2. Consider whether there is an actual crime: A key element of Section 139(1) of the Criminal Code is the requirement that there be an actual judicial proceeding. If there is no pending legal proceeding, then attempts to obstruct, pervert or defeat the course of justice cannot be charged under this offence. In some cases, this may provide an opportunity to challenge the charges or negotiate a plea deal. 3. Build a strong defence: If facing charges under Section 139(1) of the Criminal Code, it is important to build a strong defence. This may involve reviewing the evidence, identifying any weaknesses in the Crown's case, and developing a strategy for presenting a strong defence in court. 4. Consider the potential consequences: Section 139(1) of the Criminal Code is a serious offence that carries the potential for imprisonment of up to two years if convicted on indictment. As such, it is important to consider the potential consequences of a conviction. This may include the impact on one's personal and professional life, as well as potential immigration consequences. 5. Work with a skilled criminal defence lawyer: Finally, those facing charges under Section 139(1) of the Criminal Code should work with a skilled criminal defence lawyer. A skilled criminal defence lawyer can provide valuable advice and guidance on the best strategies to employ, as well as provide representation in court. In summary, Section 139(1) of the Criminal Code of Canada is a serious offence that requires a strategic approach. Some key considerations include understanding the scope of the offence, evaluating whether there is an actual crime, building a strong defence, considering the potential consequences, and working with a skilled criminal defence lawyer. Ultimately, those facing charges under Section 139(1) of the Criminal Code should take the time to carefully evaluate their situation and develop a strategy that best suits their needs.