Criminal Code of Canada - section 170 - Parent or Guardian Procuring Sexual Activity

section 170

INTRODUCTION AND BRIEF DESCRIPTION

This section makes it a crime for parents or guardians to procure individuals under the age of 18 for sexual activity with another person, with different punishments depending on the age of the individual procured.

SECTION WORDING

170 Every parent or guardian of a person under the age of eighteen years who procures the person for the purpose of engaging in any sexual activity prohibited by this Act with a person other than the parent or guardian is guilty of an indictable offence and liable (a) to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year if the person procured is under the age of 16 years; or (b) to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months if the person procured is 16 years of age or more but under the age of 18 years.

EXPLANATION

Section 170 of the Criminal Code of Canada deals with the offence of procuring a person under the age of 18 for sexual activity with someone other than the parent or guardian. This offence is committed by parents or guardians who encourage or facilitate sexual activity that is prohibited by the Criminal Code with a third party. The section provides for different levels of punishment depending on the age of the person procured. If the person is under the age of 16 years, the parent or guardian is liable to imprisonment for up to 10 years with a minimum sentence of one year. If the person is between the ages of 16 and 18 years, the maximum punishment is five years imprisonment with a minimum sentence of six months. This section is an important aspect of Canada's child protection legislation as it recognizes the importance of protecting minors from sexual exploitation. Parents and guardians who are supposed to be protectors and caregivers of children are not above the law and can be held accountable for their actions if they engage in criminal activity. The section also aims to deter parents and guardians from engaging in such behaviour by providing strict punishments. The law seeks to prevent the physical and psychological harm caused by sexual exploitation of minors and to send a strong message that such acts are unacceptable and will not be tolerated in society.

COMMENTARY

Section 170 of the Criminal Code of Canada outlines the offence of procuring a person under the age of 18 for the purpose of engaging in sexual activity prohibited by the Act. This provision recognizes the vulnerability of minors and seeks to protect them from exploitation and abuse. The offence carries serious consequences for the perpetrator, including imprisonment for up to 10 years if the person procured is under 16 years of age, and imprisonment for up to five years if they are between 16 and 18 years of age. The minimum punishment for both scenarios includes a term of imprisonment, which underscores the seriousness of the offence. It is important to note that the offence applies not only to parents but also to guardians, which means that any person who has been entrusted with the care and well-being of a minor can be held criminally responsible if they exploit that trust and engage in sexual activity prohibited by the Act with the minor's consent. Section 170 is aligned with Canada's commitment to protecting the rights of children and ensuring their welfare. It recognizes that children are inherently vulnerable and that they require special protection from those who might seek to exploit or harm them. The provision also underscores Canada's commitment to prevent and discourage child sexual exploitation in all forms. The section operates in tandem with other provisions of the Criminal Code that seek to safeguard children's rights and welfare. These include provisions that criminalize adult sexual interference with children under the age of 16 years, making and distribution of child pornography and sexual assault. Further, section 170 of the Criminal Code of Canada acknowledges that children have the right to a safe and nurturing environment, one free from exploitation and abuse. The provision, therefore, seeks to ensure that adults who are responsible for the care and well-being of minors fulfill their obligation and do not engage in behaviour that prejudices the safety of children in their care. Finally, it is important to recognize that the offence outlined in section 170 is likely to be underreported since it often occurs in private and involves individuals who have a close relationship with the victim. As such, it is up to law enforcement agencies and other stakeholders to remain vigilant and heighten efforts to identify and prevent such offences from happening. In conclusion, section 170 of the Criminal Code of Canada is an integral part of Canada's efforts to protect children and safeguard their welfare. The provision recognizes the vulnerability of minors and imposes serious consequences on those who choose to exploit that vulnerability. That said, it is incumbent on all Canadians to remain vigilant and actively work to stamp out child sexual exploitation in all forms.

STRATEGY

When dealing with section 170 of the Criminal Code of Canada, there are various strategic considerations that may arise. Some of these strategies may include proactive measures to prevent the offense from occurring, effective investigation techniques, and the use of available legal defenses. One key strategy that can be employed is prevention. Organizations that work with children and youth can take steps to educate parents and guardians about their responsibilities under the law and ensure that children are informed about their rights and have access to safe spaces where they can report any concerns or suspicions of abuse. This can involve working with law enforcement, child welfare agencies, and community organizations to raise awareness and provide resources to families. Another strategy involves effective investigation techniques. Law enforcement and child welfare agencies should be trained to quickly and efficiently investigate allegations of parental or guardian sexual exploitation. This may involve the use of specialized interviews and forensic tools to gather evidence that can be used to build a strong case against the accused. Finally, legal defenses may also need to be considered. A defense may argue that the parent or guardian did not knowingly engage in the prohibited activity or that they did so under duress or coercion. Other defenses may include the lack of intent to commit the offense or the use of entrapment. It is important to note that each case may be different and may require different strategies. It is also important to work with legal counsel throughout the process to ensure the best possible outcome for all parties involved.