Criminal Code of Canada - section 348(3) - Definition of place

section 348(3)

INTRODUCTION AND BRIEF DESCRIPTION

Place" under this section includes dwelling-houses, buildings, vehicles, trailers, enclosures for fur-bearing animals, and other structures.

SECTION WORDING

348(3) For the purposes of this section and section 351, "place" means (a) a dwelling-house; (b) a building or structure or any part thereof, other than a dwelling-house; (c) a railway vehicle, a vessel, an aircraft or a trailer; or (d) a pen or an enclosure in which fur-bearing animals are kept in captivity for breeding or commercial purposes.

EXPLANATION

Section 348(3) of the Criminal Code of Canada defines the term "place" in the context of section 348 and section 351. Section 348 deals with breaking and entering a place with the intention of committing an indictable offence, while section 351 deals with being unlawfully in a dwelling-house, building, or other place with the intent to commit an indictable offence. The definition of "place" in section 348(3) is broad and encompasses a range of physical structures. It includes dwelling-houses, which are houses or buildings that are used as a person's private residence. It also includes buildings, structures, or any part thereof, other than a dwelling-house, which means any type of commercial or industrial building or structure. This may include stores, businesses, warehouses, factories, and other similar spaces. Furthermore, "place" also refers to railway vehicles, vessels, aircraft, or trailers, which are mobile structures that can be used for transportation or storage. In addition, it includes pens or enclosures in which fur-bearing animals are kept in captivity for breeding or commercial purposes. The definition of "place" is crucial in understanding the scope of offences that can be charged under section 348 and 351. For example, if an individual breaks into a warehouse with the intent to steal property, they can be charged with breaking and entering a place under section 348. Similarly, if someone is caught unlawfully in a trailer or aircraft with the intent to commit an offence, they can be charged under section 351. In summary, the definition of "place" under section 348(3) of the Criminal Code of Canada is an essential element in the prosecution of offences related to breaking and entering or being unlawfully in certain physical structures.

COMMENTARY

Section 348(3) of the Criminal Code of Canada defines the meaning of place" for the purposes of section 348 and section 351. Section 348 deals with breaking and entering, while section 351 deals with mischief in relation to property. The definition of place" is crucial in determining the applicability of these sections as it determines the scope of the potential offences. Under section 348(3), place" includes a dwelling-house, a building or structure (other than a dwelling-house), a railway vehicle, a vessel, an aircraft, a trailer, and a pen or enclosure where fur-bearing animals are kept in captivity for breeding or commercial purposes. This definition is intentionally broad as it is meant to cover a wide range of possible locations in which the aforementioned offences could be committed. A dwelling-house is specifically included in the definition of place" as it occupies a special status under Canadian law. A person's dwelling-house is viewed as an individual's most private and personal space and is afforded a high level of protection under both the Criminal Code and the Canadian Charter of Rights and Freedoms. Section 349 of the Criminal Code specifically addresses the offences related to breaking and entering and committing indictable offences in a dwelling-house. The inclusion of railway vehicles, vessels, and aircraft in the definition of place" recognizes the unique challenges associated with securing transportation. These modes of transportation are often subject to multiple jurisdictions and require specialized security measures to prevent unauthorized access and criminal activity. Trailer, structure, or enclosure where fur-bearing animals are kept in captivity for breeding or commercial purposes are also included in the definition of place". The inclusion of this category is a recognition of the economic value of these animals, and the need to protect the property rights of their owners. It is noteworthy that the definition of place" in section 348(3) does not include public places such as streets, parks, and public buildings. Promoting order and safety in public spaces is primarily the responsibility of law enforcement authorities and local governments. Further, incidents involving the commission of offences in public spaces are generally covered under other provisions of the Criminal Code. In conclusion, section 348(3) of the Criminal Code of Canada is an important provision that defines the meaning of place" for the purposes of section 348 and 351 of the Criminal Code. The carefully crafted definition seeks to balance the protection of the rights of individuals with the need to prevent and prosecute criminal activity. The wide array of potential locations covered by this definition ensures that the sections 348 and 351 are applicable in various environments and contexts.

STRATEGY

Section 348(3) of the Criminal Code of Canada defines "place" for the purposes of section 348 and section 351. These sections deal with breaking and entering, or being unlawfully in a dwelling house or other place with intent to commit an indictable offence. While this may seem like a straightforward provision, there are some strategic considerations when dealing with this section of the Criminal Code. One significant consideration is the scope of the definition of "place." The definition includes not only dwelling-houses but also buildings or structures (other than dwelling houses), railway vehicles, vessels, aircraft, trailers, and enclosures in which fur-bearing animals are kept in captivity for breeding or commercial purposes. This broad definition means that a person can be charged with breaking and entering or being unlawfully in a wide range of places. A second consideration is the intent requirement. The sections require that the accused must have entered or been in the place with the intent to commit an indictable offence. This means that the accused must have had a specific intention to commit a particular offence. Without this intent, there can be no conviction under these sections. Given these considerations, strategies could be employed to defend against charges under this section. One approach could be to challenge the definition of "place." The defence could argue that the place in question does not fall within the definition in section 348(3) and therefore the accused could not have committed the offence. Another strategy could be to challenge the element of intent. The defence could argue that the accused did not have the intent to commit an indictable offence. This argument could be based on evidence that shows that the accused did not have a specific intention to commit a particular offence when they entered or were in the place in question. A third strategy could be to attack the Crown's evidence. The Crown would need to prove beyond a reasonable doubt that the accused entered or was in the place with the intent to commit an indictable offence. The defence could challenge the sufficiency of the evidence by arguing that the Crown has not met this burden of proof. In conclusion, section 348(3) of the Criminal Code of Canada has some strategic considerations when dealing with breaking and entering or being unlawfully in a place with intent to commit an indictable offence. Strategies could be employed to defend against charges under this section, including challenging the definition of "place," the element of intent, and the Crown's evidence. A skilled lawyer can use these strategies to achieve the best possible outcome for their client.