section 202(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines sentencing for repeated offenses of breaching conditions of release by a person accused or convicted of a crime.

SECTION WORDING

202(2) Every one who commits an offence under this section is guilty of an indictable offence and liable (a) for a first offence, to imprisonment for not more than two years; (b) for a second offence, to imprisonment for not more than two years and not less than fourteen days; and (c) for each subsequent offence, to imprisonment for not more than two years and not less than three months.

EXPLANATION

Section 202(2) of the Criminal Code of Canada deals with the offence of resisting or wilfully obstructing a peace officer. This section makes it an indictable offence for anyone who obstructs a peace officer in the course of their duty. The offence includes willful resistance of a peace officer or anyone who willfully impedes or obstructs a peace officer in the execution of their duty. The section aims to ensure that individuals uphold the law and support peace officers in their duty to maintain order and protect the community. Under this section, any person found guilty of the offence is liable to face imprisonment. The duration of the sentence depends on the number of prior offenses committed by the individual. For a first offence, an individual can be imprisoned for not more than two years. For a second offence, an individual can be imprisoned for not more than two years and not less than fourteen days. Each subsequent offence can result in imprisonment for not more than two years and not less than three months. The Criminal Code of Canada provides guidelines for peace officers in their duties to uphold the law. Obstructing their duties is a punishable offence, which can have serious repercussions for individuals who commit such offences. The penalties attached to this offence aim to deter people from committing or repeating such crimes and to promote law and order. In conclusion, section 202(2) of the Criminal Code of Canada is a critical piece of legislation that emphasizes the importance of assisting and supporting peace officers in the execution of their duties.

COMMENTARY

Section 202(2) of the Criminal Code of Canada deals with the offence of unlawfully recording a conversation. It is a serious offence that comes with significant legal consequences. The section outlines the penalties for committing such an offence, with different degrees of punishment depending on whether the offence is a first, second, or subsequent offence. The section starts by outlining that anyone who commits an offence under this section is guilty of an indictable offence. In Canada, an indictable offence is a serious criminal offence that carries a significant penalty if the accused is found guilty. An indictable offence is more severe than a summary offence, which is a lesser criminal offence that carries a less severe penalty. For a first offence, the offender is liable to imprisonment for not more than two years. This punishment is significant and sends a message that the Canadian justice system takes the offence of unlawful recording very seriously. A sentence of up to two years in prison can have a significant impact on an offender's life, their family, and their community. For a second offence, the penalty is more severe than for a first offence. The offender can face imprisonment for not more than two years and not less than fourteen days. The addition of a minimum term of imprisonment shows that the Canadian legal system seeks to deter individuals from committing this offence a second time. The punishment also recognizes the seriousness of the offence, and the need for society to be protected from individuals who repeatedly engage in this type of behaviour. For each subsequent offence, the penalty is the same as for a second offence. This means that there are no escalations in the punishment for multiple subsequent offences. However, the punishment is still significant, with the offender facing imprisonment for not more than two years and not less than three months. This penalty serves to further deter individuals from committing this offence, and to protect society from those who repeatedly engage in it. The offence of unlawfully recording a conversation is a serious offence that is taken very seriously in Canada. The penalties for committing such an offence are significant, and they reflect the seriousness of the offence and the need to protect society from individuals who engage in this type of behaviour. The section provides a deterrent effect for potential offenders and a mechanism for punishing individuals who commit this offence. It also helps to ensure that Canadian society maintains its values of privacy, which are fundamental to a strong democracy. In conclusion, section 202(2) of the Criminal Code of Canada outlines the penalties for anyone who unlawfully records a conversation. The section recognizes the seriousness of the offence, and the need to protect society from individuals who engage in it. Its penalties serve to deter offenders from repeating this behaviour and to protect the privacy rights of Canadian citizens. The section is an essential tool in keeping Canadian society safe, and it should be enforced vigorously to ensure that its purpose is achieved.

STRATEGY

Section 202 of the Criminal Code of Canada deals with the offence of unauthorized use of a computer. This offence is considered very serious by Canadian courts and can lead to severe consequences if convicted. Therefore, it is essential to consider some strategic considerations when dealing with this section of the Criminal Code of Canada. The first strategic consideration is to understand the language of the section. Section 202(2) outlines the maximum punishment for committing an offense under this section. It is divided into three categories - first offence, second offence, and subsequent offence. The punishment for a second offense and each subsequent offense are more severe than for a first offense. Therefore, it is crucial to determine how many previous offenses the accused has committed before proceeding with a case. The second strategic consideration is to consult an experienced criminal defense lawyer. Given the severity of the penalties associated with a conviction under Section 202(2), it is imperative to have an experienced lawyer who can provide sound legal advice and representation. A defense lawyer can explain the law, clarify the accused's legal options, and ensure that their rights are protected throughout the legal process. The third strategic consideration is to conduct a thorough investigation. The prosecution has the burden of proving the accused's guilt beyond a reasonable doubt. Therefore, it is essential to conduct a thorough investigation to gather all the facts and evidence to challenge the prosecution's arguments. Defense counsel may need to engage forensic and technical experts to analyze the electronic data to challenge the evidence presented against the accused. Fourthly, it is necessary to weigh the potential consequences of pleading guilty versus going to trial. If there is substantial evidence against the accused, defense counsel may recommend that the accused plead guilty to reduce the penalty. On the other hand, if there are factual or legal issues that can be challenged, it may be better to proceed to trial. Finally, it is important to consider the impact of a conviction under Section 202(2) on a person's future. A conviction under this section could have severe consequences, such as difficulty in finding employment, obtaining visas, or pursuing certain professions. A criminal defense lawyer can provide guidance and options on how to approach the case to minimize the impact of a conviction. In summary, section 202(2) of the Criminal Code of Canada is a serious offense, and it is essential to consider strategic considerations to handle the case effectively. Employing a criminal defense lawyer, conducting a thorough investigation, and weighing the potential impact of a guilty verdict are some of the potential strategies that can be employed. By working with a knowledgeable criminal defense team, an accused person may be able to navigate the legal process and achieve the best possible outcome in their case.