INTRODUCTION AND BRIEF DESCRIPTION
Possession or use of forgery tools is a criminal offence punishable by imprisonment.
SECTION WORDING
368.1 Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, or is guilty of an offence punishable on summary conviction, who, without lawful authority or excuse, makes, repairs, buys, sells, exports from Canada, imports into Canada or possesses any instrument, device, apparatus, material or thing that they know has been used or know is adapted or intended for use by any person to commit forgery.
EXPLANATION
Section 368.1 of the Criminal Code of Canada addresses those who knowingly possess or deal with any object that is intended to be used for forgery. The section makes it clear that it is a criminal offence to make, repair, buy, sell, export, import, or possess any object, instrument, device, material, or thing that one knows is adapted or intended to be used for forgery without lawful authority or excuse. The punishment for this offence can range from imprisonment for up to 14 years for an indictable offence, or a summary conviction with a punitive sentence. This section is stringent and emphasizes the gravity of forgery and its related offences. Forgery is a heinous crime that can have significant consequences for the victim, who can lose their financial assets or suffer irreparable harm to their reputation. This section seeks to deter those who might otherwise engage in activities related to forgery or use counterfeit items for illegal activities. It is also an essential tool for law enforcement agencies in cracking down on forgery as it targets those who possess the materials to facilitate such acts. In conclusion, Section 368.1 of the Criminal Code of Canada is a vital tool for maintaining law and order, preventing forgery, and bringing those caught engaging in forgery-related activities to justice. The section serves as a warning to those who might contemplate engaging in acts related to forgery, intending to limit the impact of related crimes on society.
COMMENTARY
Section 368.1 of the Criminal Code of Canada is an important tool in preventing and punishing forgery, a type of white-collar crime that can cause significant damage to individuals and society as a whole. Forgery involves creating or altering documents with the intent to deceive, often for financial gain or to conceal criminal activity. The section makes several actions related to forgery illegal, including making, repairing, buying, selling, exporting, importing, or possessing any instrument, device, apparatus, material, or thing that is known to have been used or is adapted or intended for use in committing forgery. This makes it difficult for individuals to obtain the tools necessary to carry out forgery, and for those caught with such tools to claim ignorance or innocence. The maximum penalty for violating Section 368.1 is 14 years in prison, highlighting the seriousness of the offence. However, the section also provides for summary conviction, allowing for lesser penalties in less serious cases. This flexibility in punishment allows for appropriate consequences for a diverse range of circumstances related to forgery. One of the key elements of Section 368.1 is the requirement for intent. Individuals who possess instruments or tools that could be used for forgery but have no intention to engage in such activities are not guilty under this section. This protects individuals who may legitimately need certain tools, such as artists or document examiners, from being unfairly criminalized. However, proving intent can be a challenging task for law enforcement officials. In some cases, individuals may claim to be innocent of any wrongdoing, arguing that they did not know the instrument or device they possessed could be used for forgery. This uncertainty can result in difficulties in prosecuting some cases, which could result in acquittal or lesser penalties. Nevertheless, Section 368.1 remains a crucial tool in the fight against forgery. When enforced effectively, its provisions can help to stop forgery in its tracks, preventing financial losses and protecting individuals and organizations from harm. As technology continues to make it easier for individuals to commit forgery, it is likely that this section of the Criminal Code will become even more important in the years to come. To sum up, Section 368.1 of the Criminal Code of Canada is a necessary legal framework that serves as a deterrent to anyone who may attempt to engage in forgery. Its flexibility in judgment, which involves taking into account both the intent and the circumstances of the offense, ensures that the appropriate punishment is awarded. Its provisions also ensure that innocent individuals are not inadvertently criminalized, while at the same time, making it difficult for anyone trying to contravene its provisions. This provision is necessary in protecting the integrity and honesty of financial institutions and the public sphere.
STRATEGY
Section 368.1 of the Criminal Code of Canada criminalizes the possession, use, sale, export, and import of items that can be used for forgery without lawful authority or excuse. It is important for individuals or organizations who may encounter this section to consider strategic approaches in avoiding committing an offense. One strategic consideration when dealing with this section of the Criminal Code is to be aware of what constitutes an instrument, device, apparatus, material, or thing that can be used for forgery. This can be a broad category that could include items such as printers, laminators, or even pens and markers, depending on the context and intent of use. Businesses or individuals should conduct risk assessments to identify any potential vulnerabilities in their operations that could result in inadvertently possessing or using these items, and take appropriate measures to mitigate those risks. Another strategic approach is to establish clear policies and procedures regarding the handling of potentially sensitive or fraudulent documents. This could include tracking the use of certain materials or equipment, implementing verification procedures for important documents, and monitoring for any unusual or suspicious activity. For businesses, this could involve conducting background checks on employees who have access to sensitive documents or supplying them with specialized training on document verification. In addition, organizations or individuals should be proactive in securing their premises to prevent unauthorized access to equipment or materials that could be used for forgery. This could involve implementing secure access controls, installing surveillance equipment, or using third-party security services. If an offense has been committed, there are a few strategies that could be employed to minimize the potential consequences. One strategy could be to demonstrate that the possession or use of the item was accidental or unintentional, and that the individual or organization had taken reasonable steps to prevent such an incident from occurring. Another strategy could be to cooperate with law enforcement during an investigation and potentially offer to provide assistance in identifying other potential offenders. In conclusion, section 368.1 of the Criminal Code of Canada can carry significant penalties and should be taken seriously by individuals and organizations. By being aware of what constitutes an offense under this section, establishing clear policies and procedures for handling sensitive documents, and securing premises and equipment, organizations can minimize the risk of committing an offense. In the event that an offense has been committed, demonstrating mitigating factors and cooperating with law enforcement could potentially reduce the severity of consequences.