Criminal Code of Canada - section 353(1) - Selling, etc., automobile master key

section 353(1)

INTRODUCTION AND BRIEF DESCRIPTION

It is illegal to sell, advertise, purchase, or possess an automobile master key without proper licensing and can result in up to two years of imprisonment.

SECTION WORDING

353(1) Every one who (a) sells, offers for sale or advertises in a province an automobile master key otherwise than under the authority of a licence issued by the Attorney General of that province, or (b) purchases or has in his possession in a province an automobile master key otherwise than under the authority of a licence issued by the Attorney General of that province is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

EXPLANATION

Section 353(1) of the Criminal Code of Canada is grounded on the premise that motor vehicle theft is a significant problem in Canada, and automobile master keys are a critical tool that can be used to facilitate this criminal activity. The section criminalizes the sale, offer for sale, or advertisement of automobile master keys in any province without a license issued by the Attorney General of that province. Additionally, purchasing or possessing automobile master keys without a license is also a punishable offense under this section. The primary objective of this provision is to regulate the distribution and access to automobile master keys to prevent the theft of motor vehicles. The provision aims to ensure that individuals who hold automobile master keys are authorized to possess and use them lawfully. The requirement of a license issued by the Attorney General for selling, offering for sale, advertising, purchasing, or possessing automobile master keys ensures that only authorized individuals will have access to these keys. The punishment prescribed for a violation of this section shows that this offense is taken seriously by the Canadian legal system. A person found guilty of violating Section 353(1) of the Criminal Code of Canada can face imprisonment for a term not exceeding two years. The use of imprisonment as a primary penalty communicates the gravity of the offense and underscores the importance of regulating the distribution and possession of automobile master keys. In conclusion, Section 353(1) of the Criminal Code of Canada is a critical provision that aims to regulate the distribution, purchase, and possession of automobile master keys. The provision serves as an essential tool in preventing motor vehicle theft in Canada, and its application communicates the legal system's stance against the criminal activity.

COMMENTARY

Section 353(1) of the Criminal Code of Canada pertains to the sale, purchase, possession, or advertisement of automobile master keys in a province without the proper authority from the Attorney General. This section serves to regulate the use of such keys, which are used to open and start a vehicle's ignition without damaging it. The intent behind this law is to curb the use of automobile master keys for theft and other illegal activities. The law makes it punishable for anyone who sells, offers for sale, or advertises an automobile master key in a province without the proper authorization from the Attorney General. Similarly, individuals who purchase or possess such keys without the proper authorization are also liable to face imprisonment for up to two years. This law's implementation is critical to maintaining societal order and keeping the streets safe from individuals with malicious intent. Automobile theft and other illegal activities can cause significant disruptions and cost individuals, insurance companies, and governments significant amounts of money. The law serves as a preventative measure, discouraging individuals from buying, possessing, or advertising automobile master keys without the proper authorization. It is also essential to the overall functioning of the motor vehicle industry's regulatory framework, ensuring that only authorized dealerships and repair centers have the required equipment to work on motor vehicles. In conclusion, section 353(1) of the Criminal Code of Canada serves as an essential piece of legislation that helps prevent automobile theft and other illegal activities related to the use of automobile master keys. The law's penalties act as a deterrent, discouraging individuals from engaging in such illegal activities that have the potential to disrupt societal order. Therefore, it is crucial to recognize the importance of this section of the Criminal Code of Canada and uphold its provisions to maintain law and order.

STRATEGY

Section 353(1) of the Criminal Code of Canada covers the sale, purchase, and possession of automobile master keys without the permission or authorization of the province's Attorney General. The section makes it an indictable offense, and those found guilty may face a jail term not exceeding two years. When dealing with this section, some strategic considerations and strategies may prove useful. First, it is crucial to identify the kind of auto master keys that are considered illegal under the section. Auto master keys refer to keys that can unlock or start multiple cars, regardless of the make or model. The section seeks to regulate the accessibility and use of such keys, as they pose a security risk when they fall into the wrong hands. As such, it is essential to educate the public about the section's provisions and the types of auto master keys that are illegal. Second, it is necessary to have a robust enforcement mechanism in place to ensure compliance with the section's provisions. The enforcement team should consist of law enforcement officers, provincial attorneys, and regulators responsible for issuing licenses for auto master keys' sale and purchase. The team should collaborate to monitor the sale and purchase of auto master keys and investigate instances of illegal possession or sale. By doing so, they can identify and prosecute offenders, thus sending a message that the section's provisions are taken seriously. Third, there should be public campaigns to create awareness of the legal implications of violating the section's provisions. Potential offenders should understand the consequences of dealing in illegal auto master keys, and the public should report any suspicious activities related to the sale, purchase, or possession of such keys. By involving the public in the enforcement process, the authorities can increase their reach and have more eyes on the ground to help identify potential offenders. Fourth, strict penalties should be enforced for violating the provisions of the section. Offenders should face high fines and lengthy jail terms, depending on the severity of the offense. The penalties should be proportionate to the damage caused by the offender's actions, and they should serve as a deterrent to other potential offenders. In conclusion, section 353(1) of the Criminal Code of Canada covers the sale, purchase, and possession of illegal auto master keys. To deal with this section, strategic considerations such as educating the public, having a robust enforcement mechanism in place, conducting public campaigns, and enforcing strict penalties are critical. By adopting these strategies, the authorities can reduce the prevalence of illegal auto master keys and ensure that those found guilty of violating the section's provisions are held accountable.