INTRODUCTION AND BRIEF DESCRIPTION
This section criminalizes the fraudulent taking, possessing, concealing, receiving, appropriating, purchasing, or selling of astray cattle, as well as the fraudulent alteration or counterfeiting of cattle brands or marks.
SECTION WORDING
338(1) Every one who, without the consent of the owner, (a) fraudulently takes, holds, keeps in his possession, conceals, receives, appropriates, purchases or sells cattle that are found astray, or (b) fraudulently, in whole or in part, (i) obliterates, alters or defaces a brand or mark on cattle, or (ii) makes a false or counterfeit brand or mark on cattle, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
EXPLANATION
Section 338(1) of the Criminal Code of Canada deals with the offence of theft or fraud related to cattle. This section makes it a criminal offence to take, hold, keep, conceal, receive, appropriate, purchase or sell cattle that are found astray, without the consent of the owner. It also criminalizes fraudulently obliterating, altering or defacing a brand or mark on cattle, or making a false or counterfeit brand or mark on cattle, in whole or in part. This section is important for the protection of livestock farmers and ranchers, as it provides them with legal recourse when their cattle are stolen or tampered with. It is also important for the preservation of the livestock industry, as it deters individuals from engaging in fraudulent activities that could damage the reputation of the industry. The maximum penalty for this offence is five years imprisonment. However, the severity of the punishment will depend on the specific circumstances of the case. For example, the penalty may be harsher if the stolen cattle were a valuable breed or if the tampering caused significant damage to the animal or the industry. The courts may also take into account factors such as the offender's criminal history and level of remorse when determining an appropriate sentence. Overall, section 338(1) of the Criminal Code of Canada plays an important role in protecting the livelihoods of livestock farmers and ranchers, as well as the integrity of the livestock industry.
COMMENTARY
Section 338(1) of the Criminal Code of Canada deals specifically with the offence of cattle theft, and outlines the restrictions and consequences of such an action. The provision outlines two main aspects of the offence, including taking or receiving stray cattle without the consent of the owner, and fraudulently altering or obliterating cattle markings or brands. The theft of cattle is a particularly concerning issue in rural areas, where the livelihoods of farmers and ranchers depend on the safety and security of their herds. This section of the Criminal Code serves to protect these individuals by punishing those who engage in cattle theft, and by creating a deterrent effect for potential offenders. Under section 338(1)(a), an individual is considered guilty of an indictable offence if they fraudulently take or keep in their possession found astray cattle without the owner's consent. This aspect of the provision is significant because it recognizes the importance of a farmer's property rights when it comes to their livestock. The requirement of consent from the owner shows that the law takes a strong stance against the unauthorized possession of livestock. Additionally, section 338(1)(b) outlines the offence of fraudulently altering or obliterating cattle markings or brands. This is particularly important in maintaining the integrity of the cattle industry, as cattle markings and brands act as a means of traceability. These markings are necessary to ensure that each animal can be identified, and are used to track movement, ownership, and health records. A fraudulent alteration or obliteration of these markings could lead to a lack of transparency in the industry, which could have serious economic impacts for both farmers and consumers. The punishment for the offence outlined in section 338(1) is imprisonment for up to five years. This harsh penalty is intended to discourage individuals from engaging in cattle theft, as well as recognizing the serious nature of the offence. The potential for such a significant prison sentence should serve as a warning to individuals considering this crime as a way to make a quick profit. Overall, section 338(1) of the Criminal Code of Canada outlines the serious consequences of engaging in cattle theft or fraudulently altering or obliterating cattle markings. This provision is important in protecting the rights of farmers and ranchers, as well as in maintaining the integrity of the cattle industry. The harsh punishment outlined is intended to act as a deterrent, and should serve as a warning to those considering criminal activity in the livestock industry.
STRATEGY
Section 338(1) of the Criminal Code of Canada deals with the fraudulent taking, holding, keeping, concealing, receiving, appropriating, purchasing, or selling of cattle that are found astray, as well as the obliterating, altering, or defacing of a brand or mark on cattle, or making a false or counterfeit brand or mark on cattle. Some strategic considerations when dealing with this section of the Criminal Code of Canada are as follows: 1. The first step in dealing with this section of the Criminal Code is to understand the specific elements of the offence. A person must have acted fraudulently, without the consent of the owner, and either taken, held, kept, concealed, received, appropriated, purchased, or sold cattle that are found astray, or obliterating, altering, or defacing a brand or mark on cattle, or making a false or counterfeit brand or mark on cattle. 2. It is important to gather as much evidence as possible to support the case. This could include witness statements, surveillance footage, and forensic evidence. It is also important to establish a paper trail, such as receipts and invoices, to prove the purchase or sale of cattle. 3. The involvement of law enforcement and regulatory authorities, such as the Canadian Food Inspection Agency, can be useful in investigating and prosecuting this offence. These authorities have specialized knowledge and expertise in dealing with cases related to livestock. 4. It is important to conduct a thorough risk assessment before engaging in any business dealing involving cattle. This includes verifying the ownership of the cattle, ensuring that all brands and marks are legitimate, and verifying that the cattle are not listed as lost or stolen. 5. Employing best practices such as using reputable dealers, conducting inspections regularly, and keeping detailed records of all transactions can help to prevent fraudulent activities and provide evidence in the event of a prosecution. Some strategies that could be employed to combat this offence include: 1. Collaborating with law enforcement agencies and regulatory authorities to monitor the movement of livestock and prevent the theft and sale of stolen cattle. 2. Establishing a registration system for livestock to ensure that all animals are accounted for and easily traced back to their owners. 3. Conducting regular inspections of cattle to ensure that all marks and brands are legitimate and that the animals are in good health. 4. Encouraging the use of technology such as microchips and GPS tracking devices to monitor the movement of livestock. 5. Educating the public about the risks of dealing with unscrupulous dealers and the importance of verifying the ownership and provenance of any cattle before engaging in any business transactions. In conclusion, section 338(1) of the Criminal Code of Canada is a serious offence that carries the risk of imprisonment for up to five years. To combat this offence, it is important to understand the specific elements of the offence, gather as much evidence as possible, involve law enforcement and regulatory authorities, conduct regular risk assessments, and employ best practices such as using reputable dealers and keeping detailed records of all transactions. By implementing these strategies, we can help to ensure the integrity of the livestock industry and prevent cattle theft and fraud.