INTRODUCTION AND BRIEF DESCRIPTION
The section outlines the criminal offence of unlawfully taking, keeping, altering, or refusing to deliver up lumber or equipment found in water bodies or coastal areas without the owners consent.
SECTION WORDING
339(1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who, without the consent of the owner, (a) fraudulently takes, holds, keeps in his possession, conceals, receives, appropriates, purchases or sells, (b) removes, alters, obliterates or defaces a mark or number on, or (c) refuses to deliver up to the owner or to the person in charge thereof on behalf of the owner or to a person authorized by the owner to receive it, any lumber or lumbering equipment that is found adrift, cast ashore or lying on or embedded in the bed or bottom, or on the bank or beach, of a river, stream or lake in Canada, or in the harbours or any of the coastal waters of Canada.
EXPLANATION
Section 339(1) of the Criminal Code of Canada criminalizes the fraudulent possession, sale, purchase, appropriation, concealment, reception, or keeping of lumber or lumbering equipment without the owner's consent. This section also prohibits the alteration, removal, obliteration, or defacing of marks or numbers on lumber or lumbering equipment without the owner's permission. Finally, the section makes it a criminal offense to refuse to deliver up lumber or lumbering equipment to the owner or authorized person found adrift, cast ashore, or embedded in the bed or bottom, or on the bank or beach, of a river, stream, or lake, including the harbours or coastal waters of Canada. The purpose of this section is to protect the property rights of lumber and lumbering equipment owners in Canada. Lumbering is an essential industry in Canada, and the loss or damage of lumbering equipment can result in significant financial loss to the owners. Therefore, this section establishes criminal liability for those who commit any form of fraudulent activity against lumbering equipment owners. This section also seeks to prevent the alteration, removal, obliteration, or defacement of marks or numbers on lumber or lumbering equipment, as these marks and numbers are essential to the identification of ownership. Failure to deliver up lumber or lumbering equipment to the owner or authorized person is also criminalized, as it is the right of the owner to regain possession of their property. Overall, section 339(1) of the Criminal Code of Canada plays a crucial role in protecting the property rights of lumber and lumbering equipment owners in Canada, and those found guilty of violating this section can be subjected to imprisonment for up to five years.
COMMENTARY
Section 339(1) of the Criminal Code of Canada criminalizes the unauthorized possession, removal, alteration, or disposal of lumber or lumbering equipment. The section is aimed at protecting the property rights of lumber owners and preventing the theft or misappropriation of their assets. It applies to any person who, without the consent of the owner, fraudulently takes, holds, keeps in his possession, conceals, receives, appropriates, purchases, or sells lumber or lumbering equipment, removes, alters, obliterates or defaces a mark or number on them, or refuses to deliver them to the owner or authorized person. One of the main objectives of this section is to deter theft and misappropriation of lumber and lumbering equipment. The unauthorized possession or sale of these items can cause significant financial losses to the owners and disrupt their operations. It can also lead to increased prices of lumber products for consumers, affecting the economy at large. Therefore, the punishment for this offense is severe, with a maximum imprisonment term of five years. Moreover, the section recognizes the importance of a robust system for identifying and tracking lumber and lumbering equipment. The marks or numbers on these items are used to distinguish them from others and enable their owners to track them throughout their lifecycle. Therefore, any removal, alteration, or defacement of these marks can result in challenges for the owners and lead to extra costs for re-marking, renumbering, or tracking the items. This section acknowledges the importance of protecting these marks and the integrity of the tracking system. The section also highlights the obligation of individuals who come across adrift, cast ashore, or abandoned lumber or lumbering equipment. Such items could be stranded due to natural disasters, accidents, or negligence, and their owners may not be immediately identifiable. In such cases, the person who finds these items has a duty to report them to the authorities or deliver them to the owner or authorized person. Failure to do so can constitute an offense under this section. This shows that the section aims to promote a responsible approach to handling lost or abandoned property and prevents individuals from profiting from it. It is also worth mentioning that this section applies to Canada's rivers, streams, lakes, harbors, and coastal waters, recognizing the importance of protecting the country's natural resources. The lumber industry relies heavily on these water bodies for transportation, and any criminal activity in these areas can significantly disrupt the industry and negatively impact the environment. Therefore, the section aims to prevent any illegal or unauthorized activities in these areas and preserve their integrity. In conclusion, Section 339(1) of the Criminal Code of Canada plays a crucial role in protecting the property rights of lumber owners and promoting responsible handling of lost or abandoned property. It recognizes the importance of a robust marking and tracking system for lumber and lumbering equipment and prevents unauthorized possession, removal, or disposal of these items. While some may see this section as specific to a particular industry or property type, it reflects broader societal values such as property rights, responsible handling of lost property, and environmental protection.
STRATEGY
Section 339(1) of the Criminal Code of Canada deals with the illegal possession of lumber or lumbering equipment without the owner's consent. This section is intended to prevent theft and conversion of lumber or logging equipment that may be lost or abandoned in or near water bodies. When dealing with this section of the Criminal Code of Canada, one of the strategic considerations is ensuring that there is sufficient evidence to prove that the accused person has committed the offence. The prosecution will have to prove beyond a reasonable doubt that the accused person possessed, concealed, received, appropriated, purchased or sold, removed, altered, obliterates or defaced a mark or number on any lumber or lumbering equipment found adrift, cast ashore, or lying on or embedded in the bed or bottom, or on the bank or beach, of a river, stream, or lake in Canada, or in the harbours or any of the coastal waters of Canada without the owner's consent. Therefore, before filing charges, the prosecution may have to conduct thorough investigations to gather enough evidence to prove the case beyond reasonable doubt. Another strategic consideration is prioritizing cases based on the value of the stolen property and the evidence available. The prosecution may choose to prioritize cases where the value of the stolen property is substantial or where they have compelling evidence such as video footage, fingerprints, or confessions. Also, the Crown may consider the impact of the offence on the community or economy. For instance, if the theft involves a significant quantity of lumber or equipment that is essential to the local forestry industry, the prosecution may prioritize the case to prevent further economic harm. When preparing for trial, the prosecution may consider charging the accused person with related offences to strengthen the case. For instance, if the accused person stole lumber or equipment using a boat, they may be charged with related maritime offences, such as operating a vessel without appropriate documentation or without a valid licence. The prosecution may also use related offences to enhance the sentence if the accused person is convicted. One strategy that could be employed when prosecuting offenders under section 339(1) is plea bargaining. The prosecution may offer a plea deal where they reduce the charges and sentence in exchange for a guilty plea. Plea bargaining can be used to secure a conviction if the evidence is weak or if the accused person agrees to plead guilty to the offence and cooperate with the prosecution. In conclusion, section 339(1) of the Criminal Code of Canada is a vital tool in preventing theft and conversion of lumber or logging equipment. When dealing with offenders under this section, the prosecution must ensure there is sufficient evidence to prove the case beyond reasonable doubt. Other strategic considerations include prioritizing cases and charging related offences. Plea bargaining is also a useful strategy that the prosecution can employ to secure a conviction.