INTRODUCTION AND BRIEF DESCRIPTION
This section clarifies that terms such as every one, person, and owner in the Criminal Code also include Her Majesty and organizations.
SECTION WORDING
2. In this Act, "every one", "person" and "owner", and similar expressions, include Her Majesty and an organization;
EXPLANATION
Section 2 of the Criminal Code of Canada states that whenever the terms "every one," "person," "owner," or similar phrases are used in the criminal code, they are inclusive of Her Majesty and organizations. This section is significant in maintaining equity and fairness in criminal law. It ensures that no one is excluded from the criminal code, regardless of their status or identity. The inclusion of organizations in this section is particularly noteworthy as it means that companies, corporations, unions, and other entities can be held accountable for criminal offenses they commit. Organizations can be charged and held responsible for the actions of their employees, so long as it can be proven that the organization was negligent in its supervision of their behaviour. This holds organizations to a high standard of accountability for their actions and promotes responsible conduct. The inclusion of Her Majesty in the definition of "every one" also means that the Crown itself can be subjected to criminal penalties for wrongdoing. No one is above the law, and this ensures that everyone, including the government, is held accountable for criminal offenses. In summary, Section 2 of the Criminal Code of Canada is an essential component of Canadian criminal law that ensures fairness and equality for all. It makes sure that no one is excluded from criminal law, regardless of their identity, status, or affiliation. This section also promotes accountability, responsibility, and ethical conduct among organizations and the government.
COMMENTARY
Section 2 of the Criminal Code of Canada is an essential provision that has significant implications on the interpretation of the Act. The provision defines certain terms used throughout the Act, such as "person," "owner," and "every one." It stipulates that these terms include not only individuals but also entities like organizations and Her Majesty. The inclusion of Her Majesty and organizations in the definition of "person" is critical because it expands the scope of the Act and clarifies that criminal liability applies not only to individuals but also to corporate bodies. The provision ensures that all entities, regardless of their nature or scope, are subject to the same criminal laws and penalties as individuals. It sets out a clear framework of accountability for all parties and reinforces the importance of the rule of law in Canadian society. Furthermore, this provision makes it clear that the government and its agencies are not above the law, and it ensures that Her Majesty can be prosecuted for any criminal offenses that she or her representatives might commit. Additionally, the inclusion of organizations in the definition of "person" means that corporations, businesses, and other groups can be held accountable for any criminal activity they engage in. This provision is critical in holding powerful institutions accountable for their actions and maintaining the public's trust in the justice system. In recent years, this provision has become particularly relevant in cases involving corporations that have engaged in criminal activities. For example, in 2015, the Canadian oil and gas company, SNC-Lavalin Group, was charged with bribery and fraud in relation to its operations in Libya. The charges led to a high-profile scandal involving the company's interactions with government officials, including the Prime Minister's Office. The inclusion of organizations in Section 2 of the Criminal Code meant that SNC-Lavalin could be held accountable for its actions and that the individuals responsible for the criminal activity could be punished. Section 2 of the Criminal Code of Canada reflects Canada's commitment to upholding the rule of law and ensuring that all parties, regardless of their status or position, are subject to the same criminal laws. The provision ensures that individuals, organizations, and government entities are accountable for any criminal activity they engage in. It has significant implications for the interpretation and enforcement of the Criminal Code and plays a crucial role in maintaining public trust in the justice system.
STRATEGY
Section 2 of the Criminal Code of Canada is a crucial piece of legislation that extends the definition of "every one," "person," and "owner" to include Her Majesty and organizations. This broad definition has wide-ranging implications for how businesses and other entities must conduct themselves in order to avoid prosecution under the Code. In this article, we will explore some of the strategic considerations that must be borne in mind when dealing with this provision. First and foremost, it is important to recognize that the inclusion of organizations in the definition of "every one" means that these entities can be held criminally liable for the actions of their directors, officers, employees, or agents. This principle of corporate criminal liability is a significant departure from traditional common law concepts, which hold only individuals accountable for their criminal acts. Because of this, organizations must be vigilant in ensuring that they have robust systems in place for detecting and preventing criminal activity within their ranks. One strategy that can be employed to minimize the risk of exposure to criminal liability is the implementation of a compliance program. This program should include policies and procedures designed to ensure that all employees are aware of their legal obligations under the Criminal Code, as well as training on how to identify and report potential criminal activity. By establishing a culture of compliance within the organization, businesses can significantly reduce the likelihood of criminal acts taking place. Another important strategy is to conduct regular risk assessments to identify areas of potential vulnerability. This process should involve a careful analysis of the various activities and transactions in which the organization is engaged, as well as an assessment of the likelihood and severity of criminal activity occurring in each area. Once identified, measures can be put in place to mitigate these risks and prevent criminal activity from occurring. Finally, it is important to recognize that criminal prosecutions can be highly damaging to an organization's reputation and bottom line. As such, businesses must be proactive in addressing any potential issues before they become the subject of criminal investigation. This might involve conducting internal investigations, cooperating fully with law enforcement authorities, and taking remedial action where appropriate. In conclusion, Section 2 of the Criminal Code of Canada is a critical piece of legislation that extends the definition of "every one," "person," and "owner" to include Her Majesty and organizations. By recognizing the broad implications of this provision and taking a proactive approach to managing criminal risk, businesses can minimize the risk of criminal liability and protect their reputation and bottom line.
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