INTRODUCTION AND BRIEF DESCRIPTION
Attempting to obstruct, pervert or defeat justice can result in up to 10 years in prison.
SECTION WORDING
139(2) Every one who wilfully attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
EXPLANATION
Section 139(2) of the Criminal Code of Canada pertains to the offence of obstructing, perverting or defeating the course of justice. According to this section, any individual who willfully attempts to impede or frustrate the administration of justice is guilty of an indictable offence and can be punished with a maximum imprisonment term of ten years. This section can be applied in various situations such as when a person intentionally conceals or destroys evidence that is relevant to a criminal investigation or trial. Similarly, a person who provides misleading information to law enforcement authorities or anyone who is trying to investigate an alleged criminal offence, or otherwise attempts to interfere with a criminal investigation or proceedings can also be charged under this section. In short, this section is quite broad and can be applied in different circumstances if a person intentionally obstructs or tries to derail the process of justice. This includes any attempt to mislead or tamper with evidence, intimidate witnesses or hamper the investigation in any way, shape or form. The section reflects the importance of upholding the administration of justice and ensuring that the legal process is not influenced or subverted by any individual or group, regardless of their status or position.
COMMENTARY
Section 139(2) of the Criminal Code of Canada is a provision that highlights the seriousness of obstructing, perverting, or defeating the course of justice. The provision outlines an indictable offence and the potential punishment for individuals who wilfully attempt to do so, which can lead to imprisonment for a term not exceeding ten years. The inclusion of this provision is an attempt to prevent people from interfering with the justice system and the administration of justice. The purpose of section 139(2) is to ensure that individuals who engage in activities that would obstruct justice are held accountable for their actions. The section of the code is critical in maintaining the integrity of the justice system and upholding the rule of law. Some of the activities that can be classified as obstructing justice include tampering with or destroying evidence, intimidating witnesses or judges, or providing false testimony. A key aspect of section 139(2) is the requirement of wilful intent. This means that individuals charged under this provision must have acted knowingly and deliberately to obstruct justice. This requirement is important to prevent individuals from being prosecuted unfairly for actions that they may not have been aware would obstruct justice. The punishment for individuals found guilty under this section of the criminal code can be severe. The maximum sentence of imprisonment for a term not exceeding ten years highlights how seriously the Canadian legal system takes the act of obstructing justice. Additionally, those found guilty may also face fines, probation, or community service orders. It is important to note that individuals who are charged under section 139(2) may be facing other criminal charges as well. For example, a person who attempts to pervert the course of justice by tampering with evidence may also be charged with obstructing justice. In such cases, the accused may face multiple charges, which can further increase the severity of the potential penalty. The inclusion of section 139(2) in the Criminal Code of Canada sends a strong message to individuals who may attempt to obstruct justice. By highlighting the potential severity of the punishment for these actions, the legal system aims to deter people from engaging in such activities. It also ensures that those who do engage in obstructing justice are held accountable for their actions. In conclusion, section 139(2) of the Criminal Code of Canada is critical in upholding the integrity of the justice system in Canada. The provision is a deterrent for individuals who may engage in actions that would obstruct justice, and it increases the potential punishment for those found guilty. Educating the public on the laws surrounding obstruction of justice and the consequences of not adhering to them is crucial to maintain the rule of law and ensure that justice is served.
STRATEGY
Section 139(2) of the Criminal Code of Canada is a powerful legal instrument that holds offenders accountable for attempting to obstruct justice in a manner that is not explicitly covered by subsection (1). This means that prosecutors can initiate criminal proceedings against anyone who actively tries to interfere with the judicial process or impede the administration of justice. In this context, strategic considerations must be taken into account to ensure that the offenders can be held accountable while protecting the integrity of the judicial system. One of the primary strategies employed by prosecutors while dealing with Section 139(2) of the Criminal Code of Canada is to carefully examine the elements of the offence. This involves analyzing the behaviour of the offender to determine if it constitutes an attempt to obstruct, pervert, or defeat the course of justice. To establish an offence under this section, prosecutors must prove that the offender acted willfully, with intent to undermine the judicial system or interfere with the administration of justice. This is a high standard of proof that demands a thorough understanding of the facts and legal principles involved. Another strategic consideration when dealing with Section 139(2) of the Criminal Code of Canada is the need to balance the competing interests of justice and fairness. Justice demands that offenders who seek to undermine the judicial system must be held accountable for their actions. However, fairness dictates that the accused must have an opportunity to defend themselves against the charges they face. Prosecutors must ensure that the evidence they present is admissible and that the accused is afforded due process through a fair and impartial trial. In some cases, strategic considerations may also include the need to balance the public interest against the rights of the accused. For example, in cases involving high-profile individuals or serious offences, prosecutors may face pressure to secure a conviction at any cost. However, the pursuit of justice cannot be achieved at the expense of the accused's right to a fair trial. Prosecutors must maintain their objectivity and focus on presenting the strongest possible case while adhering to the legal and ethical standards that govern their conduct. Lastly, prosecutors may employ various strategies to secure a conviction under Section 139(2) of the Criminal Code of Canada. One such strategy is to carefully choose the charges they lay, depending on the facts available. For example, if the offender's conduct falls within the ambit of Section 129, which deals with obstructing a police officer, the prosecution may consider laying charges under this section instead of Section 139(2). Similarly, prosecutors may use available evidence, such as witness testimony or electronic data, to establish a strong case against the accused. In conclusion, Section 139(2) of the Criminal Code of Canada is a powerful legal tool that allows prosecutors to hold offenders accountable for attempting to obstruct, pervert, or defeat the course of justice. While dealing with this section, prosecutors must consider various strategic considerations, such as the elements of the offence, the balance between justice and fairness, and the public interest vs. the rights of the accused. By employing these strategies, prosecutors can ensure that offenders are held accountable for their actions while upholding the integrity of the judicial system.