Criminal Code of Canada - section 284

section 284

INTRODUCTION AND BRIEF DESCRIPTION

Consent of parent/guardian/person in lawful possession, care, or charge of young person is a defence against offences related to taking, enticing away, concealing, detaining, receiving, or harbouring of that young person.

SECTION WORDING

284 No one shall be found guilty of an offence under sections 281 to 283 if he establishes that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was done with the consent of the parent, guardian or other person having the lawful possession, care or charge of that young person.

EXPLANATION

Section 284 of the Criminal Code of Canada outlines a defence available to individuals who have been charged with an offence under sections 281 to 283. These sections criminalize the acts of taking, enticing away, concealing, detaining, receiving, or harbouring a young person without the consent of their parent, guardian, or other lawful custodian. Section 284 provides a defence for individuals who have committed one of the above-mentioned acts but did so with the consent of the young person's lawful custodian. This means that if a young person's parent, guardian, or other custodian gives permission for someone to take, conceal, or detain the young person, then the individual who carries out these acts will not be found guilty of an offence. It is important to note that this defence only applies if the individual can establish that they had the consent of the lawful custodian. Without this consent, the individual may still be found guilty of an offence and face significant consequences, including imprisonment. Overall, Section 284 of the Criminal Code of Canada serves to protect individuals who may have been acting in good faith and with the permission of a young person's custodian. However, it is important to remember that the best interests and welfare of the young person must always be the top priority in any situation.

COMMENTARY

Section 284 of the Criminal Code of Canada is a provision that allows individuals caught up in certain offences under sections 281 to 283 to avoid punishment if they prove that they acted with the consent of the legal guardians of the young person in question. This particular section of the criminal code essentially creates a defence for individuals who are charged with an offence related to the taking, enticing away, concealing, detaining, receiving or harboring of any young person. The provision stipulates that if such individuals can prove that they acted with the consent of the parent, guardian or other person having lawful possession, care or charge of the young person, then they cannot be found guilty of the offence. The establishment of this provision in the criminal code indicates that lawmakers recognize the importance of parental consent in the upbringing and care of minors. By allowing for the defence of consent, the Canadian legal system attempts to balance the rights of the young person with the rights of parents and guardians to make decisions regarding their children. It is also worth noting that the provision only applies to specific offences under sections 281 to 283, which deal primarily with child abduction and trafficking. In cases of abuse or neglect, the consent of the legal guardian is not a defence, and the perpetrator can be found guilty regardless of parental consent. Overall, section 284 of the Criminal Code of Canada is an important provision that recognizes the importance of parental consent in the care and upbringing of minors. It provides a framework for balancing the rights of the child with the rights of the parents and guardians, and ensures that individuals who act with the consent of the legal guardians will not be punished. However, it is important to note that in situations where abuse or neglect are involved, this defence is not applicable, and these crimes will be prosecuted fully.

STRATEGY

Section 284 of the Criminal Code of Canada provides a defence to individuals who are charged with offences related to taking, enticing away, concealing, detaining, receiving or harbouring of a young person under sections 281 to 283 of the Code. The defence is available if the accused can establish that the act was done with the consent of the parent, guardian or other person having lawful possession, care or charge of the young person. When dealing with this section of the Code, there are several strategic considerations that should be taken into account. One of the first considerations is to determine whether the defence is available based on the facts of the case. It is important to note that the defence is only available if the accused can establish that the act was done with the consent of the parent, guardian or other person having lawful possession, care or charge of the young person. Therefore, it is crucial to gather evidence to support this defence, such as witness statements or other documents that prove consent was given. Another consideration is to determine the strength of the evidence against the accused. If the prosecution has strong evidence that the accused committed the offence, it may be more difficult to rely on the defence of consent. In this case, a strategic decision may be made to negotiate a plea bargain or consider other defences that may be available. A third consideration is to determine whether a trial or plea bargain would be the most effective strategy. A trial may be necessary if the accused believes that the prosecution's evidence is weak or if the accused is confident in their ability to prove the defence of consent. However, a plea bargain may be a more effective strategy if the accused is concerned about the potential consequences of a trial or if the prosecution has strong evidence against them. Finally, it is important to consider the potential consequences of a conviction for the offence. A conviction for an offence under sections 281 to 283 can carry severe penalties, including imprisonment. Therefore, it may be in the accused's best interests to seek the advice of a criminal defence lawyer to determine the best strategy for their situation. In terms of strategies that could be employed when dealing with this section of the Criminal Code, one approach could be to gather evidence to support the defence of consent. This could involve obtaining witness statements from individuals who can attest to the fact that consent was given. It could also involve gathering documentation such as letters or emails that show the parent, guardian or other person having lawful possession, care or charge of the young person gave their consent. Another strategy could be to negotiate a plea bargain with the prosecution. This could involve agreeing to plead guilty to a lesser offence in exchange for a reduced sentence or other benefits. It could also involve agreeing to provide information to the police or testify in court against other individuals in exchange for a reduced sentence. A third strategy could be to challenge the admissibility of evidence against the accused. This could involve arguing that the evidence was obtained illegally or that it is not relevant to the case. It could also involve arguing that the evidence is unreliable or that it was improperly obtained. Overall, when dealing with Section 284 of the Criminal Code of Canada, it is important to consider the strength of the evidence against the accused, the potential consequences of a conviction, and the available strategies that could be employed to defend against the charge. Seeking the advice of a criminal defence lawyer can be an important step in determining the best approach in each individual case.