INTRODUCTION AND BRIEF DESCRIPTION
Falsifying an employment record with intent to deceive is punishable by summary conviction.
SECTION WORDING
398 Every one who, with intent to deceive, falsifies an employment record by any means, including the punching of a time clock, is guilty of an offence punishable on summary conviction.
EXPLANATION
Section 398 of the Criminal Code of Canada criminalizes falsifying employment records with intent to deceive. This includes various means of deception, such as punching a time clock when one is not in fact present at work. The section is meant to discourage employees from committing fraud or misrepresentation in order to gain undeserved benefits or avoid responsibilities. A person who is found guilty of this offence may be subject to summary conviction. This means that they may face a fine and/or a short period of imprisonment, depending on the severity of the offence. The punishment serves as a deterrent to future offenders and reinforces the importance of honesty and integrity in the workplace. This section of the Criminal Code is not limited to any specific industry and applies to all employment records, including time cards, attendance records, and payroll documents. Violations may occur due to pressure from management to inflate performance numbers or hours worked, or individuals seeking to avoid disciplinary action or responsibilities. However, employees should always strive to provide accurate and truthful records and consult with their supervisors or human resources department if they have any concerns or questions about their job responsibilities. Overall, Section 398 of the Criminal Code of Canada serves as an important safeguard against fraudulent and deceptive behaviour in the workplace and emphasizes the critical importance of honesty and integrity in all aspects of employment.
COMMENTARY
Section 398 of the Criminal Code of Canada is a provision that criminalizes the falsification of employment records with the intention to deceive. The provision encompasses a broad range of conduct, including the punching of a time clock, to ensure that those responsible for maintaining employment records engage in honest and trustworthy practices. This section of the Criminal Code highlights the importance of maintaining accurate employment records and the serious ramifications associated with attempting to deceive an employer through falsification. The provision is necessary to protect the integrity of the employment relationship between employers and employees. Employment records, whether they are timesheets, attendance logs, or payroll documents, serve as crucial evidence of an employee's work performance and compensation. The falsification of these records can have significant consequences on the wider workforce, including unfair treatment and wage disparities. The provision's language illuminates the fact that the falsification of employment records is an intentional act, and the offence is one of the few contained within the Criminal Code that explicitly requires a specific intent. This provision emphasizes that intent plays a vital role in the criminal law process, and that dishonest or fraudulent individuals who seek to deceive their employers will face legal consequences. The provision also requires that the Commonwealth prove the accused's dishonest intention beyond a reasonable doubt. This standard of proof is the highest standard in Canadian law and requires a higher degree of certainty than other standards. This standard reflects the seriousness of the alleged crime and serves as a necessary safeguard to protect the rights of the accused. The penalties associated with a breach of this provision include a term of imprisonment of up to six months or a fine of up to $5,000 if the offence is punishable on summary conviction. The penalty reflects the seriousness of the offence and ensures that those who seek to deceive their employers through the falsification of employment records will face legal consequences. The provision also applies to businesses or individuals who otherwise falsify employment records. Therefore, employers and employees alike are equally responsible for the maintenance of accurate employment records. This provision is a deterrence to businesses that may be inclined to falsify their employment records. In conclusion, Section 398 of the Criminal Code of Canada is a crucial provision that seeks to maintain the integrity of the employment relationship. The provision highlights the importance of truthful and honest practices in the workplace and serves as a necessary deterrence to those who might engage in fraudulent practices. The provision emphasizes the role of intent in the criminal law process and demonstrates the high standards of evidence required to succeed in a prosecution. Overall, the importance of accurate employment records cannot be overstated, and this provision provides a legal framework to ensure a fair and just employment relationship for all parties.
STRATEGY
Section 398 of the Criminal Code of Canada is a provision that serves to punish those who falsify employment records with the intent to deceive. This provision is applicable in various employment settings, including workplaces that may use time clocks to record employee attendance or electronic systems to track employee performance. Violating this section may result in a summary conviction, leading to fines or imprisonment. Therefore, dealing with this section requires strategic considerations to avoid criminal liability. One of the strategic considerations when dealing with this section of the Criminal Code is to ensure that the employment records are accurate. By maintaining accurate records, employees would not be tempted to falsify them. This can be achieved by using modern-day applications, such as biometric systems, that eliminate the possibility of falsifying records. Additionally, educating employees on the seriousness of this offence can act as a deterrent, as they would understand the consequences that come with falsifying employment records. Another strategic consideration is to avoid disputes that may occur from employees who feel that their employment records have been falsified. In cases where there are disputes, employers should have a process in place to deal with them in a transparent and fair manner. This includes conducting investigations to determine the truth and acting appropriately if an employee is found guilty of falsifying records. Employers should also have a clear understanding of what constitutes falsifying employment records. For instance, punching a time clock for another employee who is absent is considered an offence under this section and should not be tolerated. Employers should also take note of the intent element in the offence; an employee may not receive a criminal conviction if it can be proved that they did not intend to deceive. In dealing with this section, employers should have strategies in place that foster an ethical workplace culture. This includes promoting transparency, accountability, and trust. Employers may achieve this through regular communication with employees, which can help to create an environment where employees feel valued and understand that their contributions are essential. Conclusion In conclusion, Section 398 of the Criminal Code of Canada is a provision that requires employers to take strategic considerations to avoid criminal liability. This includes maintaining accurate employment records, dealing transparently with disputes, and promoting an ethical workplace culture. By following these strategies, employers can foster a workplace environment that protects the rights of employees, promotes accountability, and avoids criminal liability under this provision.