INTRODUCTION AND BRIEF DESCRIPTION
Making a false document at the request of a government agency is not forgery if done in good faith.
SECTION WORDING
366(5) No person commits forgery by reason only that the person, in good faith, makes a false document at the request of a police force, the Canadian Forces or a department or agency of the federal government or of a provincial government.
EXPLANATION
Section 366(5) of the Criminal Code of Canada essentially provides an exception to the act of forgery in certain circumstances. It states that a person who in good faith creates a false document at the request of a police force, the Canadian Forces, or a department or agency of the federal or provincial government does not commit forgery. The purpose of this exception is to allow these institutions to conduct their work effectively without being impeded by the technicalities of the law. For instance, a police officer may need to create a fake identification card to go undercover and investigate criminal activity. Similarly, government agencies may need to create false documents in order to gather intelligence information or conduct other important work. However, it is important to note that this exception only applies if the person creating the document does so in good faith. In other words, if a person knowingly creates a false document and presents it as genuine, they could still be charged with forgery. Overall, Section 366(5) of the Criminal Code of Canada strikes a balance between the need for law enforcement and government agencies to conduct their work effectively, and the need to maintain the integrity of the justice system by criminalizing deliberate acts of forgery.
COMMENTARY
Section 366(5) of the Criminal Code of Canada provides an exemption from forgery charges for individuals who create forged documents in good faith at the request of certain entities. These entities include the police force, the Canadian Forces, and departments or agencies of both federal and provincial governments. The intention behind this section is to prevent people who act in good faith while assisting law enforcement or other government entities from being punished for their actions. The provision recognizes that there may be situations where forged documents are necessary for the proper functioning of government agencies. For example, law enforcement entities may require false identification documents to carry out undercover operations or to protect the identity of informants. Similarly, the Canadian Forces or other government agencies may need false documents to carry out their duties or to protect national security. By providing an exemption for those who create such documents in good faith, the section aims to ensure that people who assist the government in these ways are not unfairly penalized. However, it is important to note that the exemption only applies to cases where the document is forged in good faith" at the request of one of the entities listed. This means that the person creating the document must have a reasonable belief that they are acting in the interests of the government agency or law enforcement entity. If they act with malicious intent or for personal gain, they can be charged with forgery and will not be protected under this provision. It is also worth noting that the exemption does not apply to other criminal offenses that may be related to the creation or use of forged documents. For example, if the forged document is used to commit a fraud or other criminal act, the person responsible can be charged with those offenses, even if they were acting in good faith at the request of a government agency. In summary, section 366(5) of the Criminal Code of Canada recognizes that there may be situations where government entities require forged documents for legitimate purposes. By providing an exemption for individuals who create such documents in good faith, the section aims to ensure that those who assist the government in these ways are not unfairly punished. However, it is important to remember that the exemption only applies in certain circumstances, and those who act with malicious intent or commit other criminal offenses related to the forged document can still be charged and punished accordingly.
STRATEGY
Section 366(5) of the Criminal Code of Canada provides protection from prosecution for individuals who, in good faith, make a false document at the request of a police force, the Canadian Forces or a department or agency of the federal or provincial government. This section is intended to provide protection to individuals who cooperate with law enforcement agencies or government agencies by creating false documents that are necessary for the investigation or prosecution of criminal or other activities. There are various strategic considerations when dealing with this section of the Criminal Code of Canada. One of the first considerations is the need for clear and concise communication between the law enforcement agency and the individual who will be creating the false document. It is important that the individual understands the purpose of the document and the context within which it will be used. The individual should also be made aware of the potential risks and consequences associated with the creation of the false document. Another important consideration is the need to document the entire process of creating the false document. This includes documenting the initial request, any instructions provided to the individual, the actual creation of the document, and any subsequent use of the document by the law enforcement agency or government agency. This documentation can be useful in establishing the good faith of the individual in case of any future legal proceedings. One strategy that can be employed when dealing with this section of the Criminal Code of Canada is to enter into a formal agreement between the individual and the law enforcement agency or government agency. This agreement can specify the terms and conditions under which the false document will be created, including the purpose of the document, the timeframe for its creation, and any compensation that will be provided to the individual for their services. By formalizing the agreement, it can provide additional protection to the individual and help to ensure that all parties are clear on the expectations and obligations associated with the creation of the false document. Another strategy that can be used is to provide training to law enforcement agencies and government agencies on the proper use of this section of the Criminal Code of Canada. This can include providing guidance on when it is appropriate to request the creation of a false document and what steps need to be taken to ensure that the process is carried out in a legal and ethical manner. By providing this training, it can help to reduce the risk of errors or misuse of this section of the Criminal Code of Canada and help to ensure that all parties involved are acting in good faith. In conclusion, section 366(5) of the Criminal Code of Canada provides protection for individuals who create false documents in good faith at the request of law enforcement agencies or government agencies. To ensure that this section is used appropriately and effectively, it is important to follow clear and transparent processes and to document the entire process of creating the false document. By employing these strategies, law enforcement agencies and individuals can work together to prevent fraudulent activities and protect the public interest.