Criminal Code of Canada - section 199(2) - Search without warrant, seizure and arrest

section 199(2)

INTRODUCTION AND BRIEF DESCRIPTION

A peace officer can arrest and seize evidence from anyone found operating or in a common gaming house.

SECTION WORDING

199(2) A peace officer may, whether or not he is acting under a warrant issued pursuant to this section, take into custody any person whom he finds keeping a common gaming house and any person whom he finds therein, and may seize anything that may be evidence that such an offence is being committed and shall bring those persons and things before a justice having jurisdiction, to be dealt with according to law.

EXPLANATION

Section 199(2) of the Criminal Code of Canada provides authority to peace officers to take into custody any person found keeping a common gaming house, and any person found within the premises of such a gaming house. It also authorizes the seizure of anything that may serve as evidence of an offence being committed in relation to gaming. The provision mandates that the individuals and evidence thus seized must also be brought before a justice having jurisdiction over the matter, for appropriate legal measures. The objective of this provision is to prevent the establishment of common gaming houses, which are illegal under Canadian law. A common gaming house refers to a place where one or more individuals engage in any of the following activities for monetary gain: betting, gaming, lotteries, or other like games. The operation of such gaming houses, as well as participating in the same, is deemed a criminal offence under the Criminal Code of Canada. The provision gives powers to a peace officer, irrespective of whether or not they possess a warrant to conduct search or arrest. This enables the individual to exercise powers with immediate effect, thereby ensuring that any illegal activity in connection with common gaming houses is effectively controlled. Moreover, the provision also allows the police to gather evidence that can serve as a basis for subsequent legal proceedings, ensuring that offenders are brought to justice and penalized for illegal activities. Therefore, Section 199(2) plays a crucial role in maintaining law and order in relation to gaming activities that are deemed illegal under Canadian law. Its powers are essential in curbing the setting up of illegal gaming houses, and by extension, the unlawful exploitation of gambling practices.

COMMENTARY

Section 199(2) of the Criminal Code of Canada is a provision that empowers peace officers to take into custody any person who is found keeping a common gaming house and any person found in the premises. The section also authorizes the seizure of anything that may be evidence that such an offence is being committed. The individuals and things seized are then to be brought before a justice having jurisdiction to be dealt with according to law. The section is aimed at curbing the problem of illegal gambling, which is a social menace that is known to contribute to undesirable social and economic outcomes. The law recognizes the need to maintain public order and moral standards in the society, and the prohibition of gambling is one of the ways that this is achieved. However, the existence of illegal gambling premises remains an issue of concern, as it undermines the efforts to protect the public from the negative effects of such activities. The provision is necessary because it empowers peace officers to take swift action to arrest individuals and seize items that may be used as evidence in the prosecution of the offense. This is an important tool in the fight against illegal activities, as it allows for preventative measures that may deter potential criminals from engaging in such behavior. The law allows for the application of reasonable force if required to execute the arrest of any individuals found in the premises. The provision is broad and does not require the peace officer to have a warrant to act, which may be necessary to deal with immediate threats to public safety or to prevent the destruction of evidence. Additionally, the provision is applicable even if the establishment is operating with the consent of the owner, making it difficult for individuals engaging in these activities to justify their actions in court. However, it is important to note that the law does not apply to establishments that are licensed by the government to provide casino services or gambling activities and are operating within the boundaries of the law. The law recognizes that illegal gambling is associated with other criminal activities such as money laundering and corruption, given the nature of the transactions involved. The seizure of items in such premises may be essential in the investigations that target these crimes. This reinforces the necessity of the provision, as it allows the authorities to tackle the root cause of these issues, rather than just the surface-level activities. The implementation of this provision is critical in reducing the negative impact of illegal gambling on the public, and it is therefore important that peace officers ensure that they act in a lawful manner when carrying out their duties. It is also important to note that the law is not aimed at punishing individuals but seeks to curb the vice and prevent its negative effects on the society. In conclusion, section 199(2) of the Criminal Code of Canada is an important tool in the fight against illegal gambling. Its provisions provide the necessary powers to the authorities to arrest individuals and seize items that may be essential in the prosecution of the crime. Illegal gambling is an issue that undermines public safety and moral standards, and the use of the law is an important strategy to deal with the issue. However, it is important that the authorities act lawfully when enforcing the law to avoid infringing individuals' rights, and maintain public trust in the justice system.

STRATEGY

Section 199(2) of the Criminal Code of Canada empowers peace officers to take into custody any person found keeping a common gaming house and any person found inside, and seize any evidence that an offense is being committed. This provision is intended to deter and prevent illegal gambling activities and protect the public from the negative consequences of such activities. However, there are several strategic considerations and potential challenges in enforcing this provision effectively. One strategic consideration is the need for a thorough investigation to establish reasonable grounds to suspect that a common gaming house is being maintained. This may involve undercover surveillance, gathering intelligence, and conducting a raid, which requires a coordinated effort involving multiple agencies and personnel. As such, law enforcement agencies need to ensure that they have the necessary resources, including personnel, equipment, and training, to conduct effective investigations and operations. Another consideration is the risk of corruption and collusion among gaming house operators and their associates, who may use bribery, intimidation, or other means to evade detection and prosecution. To mitigate this risk, it is important to ensure that law enforcement personnel are screened, trained, and supervised to maintain high ethical standards and resist the temptation to engage in illegal activities themselves. Additionally, there may be issues related to the rights of individuals who are seized or arrested under this provision, such as their right to counsel, their right to be free from unreasonable search and seizure, and their right to be presumed innocent until proven guilty. To avoid legal challenges and ensure compliance with the Charter of Rights and Freedoms, law enforcement personnel need to be knowledgeable about these rights and procedures for conducting searches and seizures and obtaining warrants. In terms of strategies that could be employed, law enforcement agencies may consider a combination of proactive and reactive measures. Proactive measures may include targeted enforcement operations, public education campaigns, and collaboration with community stakeholders to raise awareness of the negative consequences of illegal gambling activities. Reactive measures may include responding to tips and complaints from the public, conducting surveillance and investigations, and following up on intelligence leads. Another strategy that could be employed is the use of technology and data analytics to identify patterns and trends in illegal gambling activities and optimize resource allocation. This may involve the use of predictive analytics to anticipate where illegal activities are likely to occur and deploy personnel accordingly, or the use of data mining and predictive modeling to identify and track criminal networks and their activities. In conclusion, Section 199(2) of the Criminal Code of Canada provides law enforcement agencies with a powerful tool to combat illegal gambling activities and protect public safety. However, effective enforcement requires careful planning, coordination, and training, as well as adherence to legal and ethical standards. By employing a range of proactive and reactive strategies, law enforcement agencies can strengthen their efforts to detect, deter, and disrupt illegal gambling activities and ensure that those responsible are brought to justice.