INTRODUCTION AND BRIEF DESCRIPTION
Section 370 prohibits knowingly falsifying and presenting official government documents as authentic.
SECTION WORDING
370 Every one who knowingly (a) prints any proclamation, order, regulation or appointment, or notice thereof, and causes it falsely to purport to have been printed by the Queen’s Printer for Canada or the Queen’s Printer for a province, or (b) tenders in evidence a copy of any proclamation, order, regulation or appointment that falsely purports to have been printed by the Queen’s Printer for Canada or the Queen’s Printer for a province, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
EXPLANATION
Section 370 of the Criminal Code of Canada deals with offences related to printing and production of false documents. It states that anyone who knowingly prints any proclamation, order, regulation or appointment and falsely claims it to be printed by the Queen's Printer for Canada or a province is guilty of an indictable offence. Additionally, a person who tenders in evidence a copy of a document that falsely purports to have been printed by the Queen's Printer for Canada or a province is also guilty of an indictable offense. The Queen's Printer is the official printer for the Canadian government and all official documents must be printed by them. The purpose of this section is to prevent the forgery or fraud of official documents and to maintain the integrity of the document production process. By falsifying a document and claiming it to have been printed by the Queen's Printer, an individual can mislead others and commit criminal acts. The punishment for this offence is imprisonment for a term not exceeding five years. This strong penalty reflects the severity of the crime and the importance of maintaining the authenticity of official documents. It is critical for the public to have trust in government documents, and as such, this section serves as an important deterrent against those who may attempt to forge government documents for personal gain or other malicious purposes.
COMMENTARY
Section 370 of the Criminal Code of Canada is a provision that deals with the offence of printing and tendering false proclamations, orders, regulations or appointments. Essentially, this section makes it a crime to knowingly print or tender any false document that purports to have been printed by the Queen's Printer for Canada or the Queen's Printer for a province. The purpose of this provision is to protect the integrity of official government documents and to prevent fraud and deception. It is designed to ensure that any document purporting to be an official government document is in fact what it claims to be, and that the public can have confidence in the authenticity of these documents. The offence under Section 370 is considered an indictable offence, which means that it is one of the most serious crimes under Canadian law. If convicted, the offender may face imprisonment for up to five years. The law makes it clear that this is a serious crime that will not be tolerated, and it is important for individuals to be aware of the potential consequences of violating this provision. One of the key aspects of this section is the requirement for knowledge. In order to be guilty of this offence, the person must know that the document they are printing or tendering is false, and they must intend to deceive others by presenting it as genuine. This makes it all the more important for individuals involved in the printing and production of official government documents to ensure that they are always acting with the utmost honesty and integrity. While some may question the severity of the punishment for this offence, it is important to remember that official government documents are a vital part of our democracy and our legal system. These documents are used to inform the public of important laws, regulations, and appointments, and any attempt to undermine their authenticity can have serious consequences. Overall, Section 370 of the Criminal Code of Canada is an important provision that helps to protect the integrity of official government documents. It sends a clear message that the production and presentation of false documents will not be tolerated, and that anyone who engages in such behaviour may face serious consequences. As such, it is important for individuals in positions of responsibility to take this provision seriously and to ensure that they are always acting with honesty and integrity.
STRATEGY
Section 370 of the Criminal Code of Canada can have significant legal consequences for individuals or organizations that breach it. Therefore, any person or entity dealing with the printing and publication of any proclamation, order, regulation, or appointment must carefully consider some strategic considerations to avoid violating this section and facing prosecution. Below are some strategic considerations and strategies that could be employed in this regard. Strategic Considerations: 1. Understanding the scope of Section 370: It is crucial to have a clear understanding of what constitutes a breach of Section 370. The criminal act is committed when anyone publishes or tenders in evidence any document which falsely purports to have been printed by the Queen's printer. It means that printing materials without the permission of the Queen's printer or intentionally falsifying them to appear as if the Queen's printer produced them is illegal. 2. Knowledge of the law: Knowledge and understanding of Section 370 is necessary to avoid committing an offense in this regard. Ignorance of the law is not a legitimate defense, and it is essential to ensure that anyone dealing with printing publicly available documents understands the law's requirements clearly. 3. Compliance with Government Regulations: Persons or entities dealing with printing documents of government agencies must ensure that they follow all the regulations prescribed by these agencies. In doing so, they can avoid contravening Section 370 and any other legislation that may apply. Strategies: 1. Ensuring authenticity: One strategy to avoid Section 370 violations is to ensure that printed materials are authentic and that they have not been falsely purporting to have been printed by the Queen's printer. Only printing documents with the authorisation of the appropriate institution can help prevent any legal action being taken in this regard. 2. Seeking legal guidance: Consulting with legal professionals who are well-versed in the provisions of the criminal code is an effective way of avoiding any contraventions. Legal professionals can provide guidance and advice on how to navigate these regulations and what is and isn't legal. 3. Proper record-keeping: Maintaining proper records of the printing process, including permission letters from the government agencies and supplier invoices, can serve as evidence of compliance with Section 370. These records will help to support a legal defense in the event of a prosecution arising from a violation of the section. 4. Use of reputable print service providers: Using the services of reputable print providers ensures that proper procedures and processes are followed in the publication of printed materials. Such service providers often have established, reliable and experienced workflows that ensure compliance in all materials they produce. In conclusion, compliance with Section 370 of the Criminal Code of Canada is essential for avoiding any legal repercussions. It is pertinent that individuals or organizations that deal with printing of publicly available documents have a clear understanding of the scope of Section 370 and take the necessary steps and precautions to avoid breaching this section. This includes staying up to date with the latest legislation, being aware of legal compliance requirements, taking active measures such as seeking legal advice and establishing clear and accurate records. By employing these strategies, compliance with Section 370 can be assured, and legal action can be avoided.