INTRODUCTION AND BRIEF DESCRIPTION
This section defines public place as any area accessible to the public and includes motor vehicles visible to the public.
SECTION WORDING
213(2) In this section, "public place" includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view.
EXPLANATION
Section 213(2) of the Criminal Code of Canada defines what is meant by a "public place" in the context of prostitution-related offences. The section states that a public place includes any place to which the public has access by right or by invitation, whether it is a physical location like a park or a building, or a transient location like a motor vehicle. The definition also covers any location that is open to public view, regardless of whether it is an indoor or outdoor space. This definition is important because it shapes the scope of prostitution-related offences and helps law enforcement identify which activities are illegal under Canadian law. For example, the offence of communicating for the purpose of prostitution in a public place is only applicable if the exchange takes place in a location that meets the definition of a public place. This means that law enforcement cannot charge individuals with this offence if the communication takes place in a private residence or other non-public location. The inclusion of motor vehicles within the definition of public places is particularly significant, as it enables law enforcement to target prostitution-related activities that take place in vehicles parked on public streets or other areas accessible to the public. This provision has been used to crack down on street prostitution in many Canadian cities, where sex workers and their clients often engage in transactions in cars parked along busy streets. Overall, Section 213(2) plays an important role in shaping the way prostitution-related offences are enforced in Canada. By defining what constitutes a public place, it allows law enforcement to target specific types of activity and helps ensure that those engaging in prostitution-related offences can be held accountable under Canadian law.
COMMENTARY
Section 213(2) of the Criminal Code of Canada serves to clarify the meaning of public place" in section 213(1), which outlines the offence of being unlawfully in a dwelling-house. The definition of public place" includes any location to which the public has access as of right or by invitation, express or implied, as well as any motor vehicle located in a public place or in any location open to public view. The wording of the section is important because it highlights the fact that certain spaces, such as privately-owned businesses and residential complexes, can still be considered public places if they are open to the public. This means that individuals must be mindful of their conduct when in such spaces, as they may be subject to criminal charges for certain actions. For example, if an individual enters a residential complex that is open to the public (such as a lobby or courtyard) and proceeds to engage in conduct that disturbs the peace or causes damage to property, they may be charged under section 430 of the Criminal Code for mischief. In this case, the fact that the location is technically private property may not be enough to exempt the individual from criminal charges. Similarly, the inclusion of motor vehicles in the definition of public place" is significant in that it recognizes the fact that cars and other vehicles can be used for criminal activity. This clause may be particularly important in situations where individuals are suspected of engaging in drug-related activities from within a motor vehicle. Overall, section 213(2) of the Criminal Code of Canada provides an important clarification of the term public place" that is central to many criminal charges. By encompassing a variety of spaces that are open to the public, including motor vehicles, the section helps to ensure that individuals are aware of the potential consequences of their conduct and can be held accountable for their actions.
STRATEGY
Section 213(2) of the Criminal Code of Canada defines the term "public place" and is an essential provision that applies to several criminal offenses such as prostitution, gambling, and drug offenses. Its interpretation and application require significant strategic considerations and measures to ensure compliance with the law while protecting the rights of individuals or organizations involved. One of the crucial strategic considerations when dealing with this section is the interpretation of what constitutes a public place. As per the section, a public place is any location or property accessible to the public as of right or by invitation, express or implied, or any vehicle located in a public place or open to public view. Therefore, there arises a need to determine whether an area is indeed a public place based on factors such as ownership, access, and purpose. Legal experts and law enforcement officials should be consulted to get clarity on the matter to avoid any wrongful conviction or violation of rights. Another key strategic consideration is the use of implied invitations in relation to public places. Businesses or organizations that operate in public places must be cautious in the way they invite people in, as such invitations may be deemed as implied and give rise to criminal liability. For instance, a public shopping mall provides an implied invitation to the general public to enter and conduct legitimate activities such as shopping. However, such implied invitations do not extend to criminal activities like drug dealing or prostitution. Therefore, retailers and property owners must be vigilant to prevent the creation of an unintended environment that tolerates illicit activities. In addition, clear communication and signage can reduce the risk of ambiguity and improve compliance with the section. Property owners who wish to prohibit activities like smoking or gambling must clearly communicate their intentions to avoid confusion and conflict. Also, clear signage indicating that a specific area or property is privately owned may deter individuals from engaging in illegal activities. Enforcement of this provision also requires strategic considerations. Law enforcement officers should be adequately trained and provided with sufficient resources to interpret the section and respond to suspected violations. In addition, officers must exercise discretion when enforcing this provision to prevent wrongful arrest or infringement of rights. One strategy that could be employed is to collaborate with community organizations to prevent the misuse of public places. Community watch groups and resident associations can work with law enforcement officers to monitor activities in public places and provide information that can lead to the arrest of suspected criminals. This approach promotes community safety and social accountability. In conclusion, strategic considerations when dealing with Section 213(2) of the Criminal Code of Canada are essential to ensure compliance with the law and protect the rights of individuals involved. Effective communication, collaboration, and appropriate law enforcement are key strategies that can be employed to address and prevent criminal activities in public places.