INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the offences related to concealing, receiving, selling, or keeping wreck without lawful authority and boarding a wrecked vessel against the will of the master, with penalties ranging from imprisonment to summary conviction.

SECTION WORDING

415 Every one who (a) secretes wreck, defaces or obliterates the marks on wreck or uses any means to disguise or conceal the fact that anything is wreck, or in any manner conceals the character of wreck, from a person who is entitled to inquire into the wreck, (b) receives wreck, knowing that it is wreck, from a person other than the owner thereof or a receiver of wreck, and does not within forty-eight hours thereafter inform the receiver of wreck thereof, (c) offers wreck for sale or otherwise deals with it, knowing that it is wreck, and not having a lawful authority to sell or deal with it, (d) keeps wreck in his possession knowing that it is wreck, without lawful authority to keep it, for any time longer than the time reasonably necessary to deliver it to the receiver of wreck, or (e) boards, against the will of the master, a vessel that is wrecked, stranded or in distress unless he is a receiver of wreck or a person acting under orders of a receiver of wreck, is guilty of (f) an indictable offence and is liable to imprisonment for a term not exceeding two years, or (g) an offence punishable on summary conviction.

EXPLANATION

Section 415 of the Criminal Code of Canada criminalizes various offenses relating to wreck, which is defined as materials that have been cast onto land or the seabed from a vessel that has been lost, abandoned, or cast away. The section sets out five distinct offenses that relate to wreck, including secreting, receiving, offering for sale, keeping possession of, and boarding a vessel that is wrecked, stranded, or in distress. The first offense relates to concealing the fact that something is wreck from a person who is entitled to inquire about the wreck. This refers to defacing or obliterating the marks on wreck or using any means to disguise or conceal the character of the wreck. The second offense relates to receiving wreck from a person other than the owner or receiver of wreck and failing to inform the receiver of wreck within 48 hours. The third offense relates to offering wreck for sale or dealing with it without lawful authority to do so. The fourth offense relates to keeping wreck in possession for any time longer than necessary to deliver it to the receiver of wreck without lawful authority to do so. All of these offenses are punishable by up to two years imprisonment or summary conviction. Finally, the fifth offense is the act of boarding a vessel that is wrecked, stranded, or in distress without the consent of the master, unless the person boarding is a receiver of wreck or acting under orders of a receiver. This offense is also punishable by up to two years imprisonment or summary conviction. Overall, section 415 is designed to prevent the exploitation of wreck by individuals who seek to profit from it or conceal it from authorized individuals. By criminalizing these offenses, the section ensures that wreck is dealt with in accordance with the law and not used for personal gain.

COMMENTARY

Section 415 of the Criminal Code of Canada deals with offences related to wrecked or stranded property. This section aims to ensure that individuals who come across such property act responsibly and honestly, and either report the finding to the relevant authorities or ensure that the owner is informed in due time. The penalties for violating this section range from imprisonment to punishment on summary conviction. Subsection (a) of this section criminalizes the action of hiding or disguising the true nature of wrecked property from those who are entitled to know about it. This subsection emphasizes the importance of transparency in matters related to wrecked property, and promotes integrity in the handling of such property. Subsection (b) requires that individuals who find wrecked property and recognize it as such, inform the receiver of wrecks within 48 hours. This subsection is designed to prevent theft or misuse of wrecked property by individuals who may attempt to claim ownership of such property without having any legal rights. Subsection (c) prohibits the sale or purchase of wrecked property without lawful authority. This subsection also prohibits any other dealings with wrecked property, such as transfer or exchange, unless the person in possession of such property has been authorized to do so. Subsection (d) requires that individuals who have wrecked property in their possession, without lawful authority, return it to the receiver of wrecks as soon as possible. The possession of wrecked property for a period that exceeds the reasonable time required to deliver it to the receiver of wrecks is considered an offence. Subsection (e) prohibits individuals from boarding a stranded or wrecked vessel without the consent of the master, unless such an individual is authorized to do so as a receiver of wreck or has been instructed by one. The penalties for violating this section of the Criminal Code are severe. A person who is found guilty of an indictable offence under this section may face up to two years of imprisonment, while those who commit a less serious offence under this section may be punished on summary conviction. Section 415 of the Criminal Code of Canada is a crucial aspect of Canadian law as it aims to prevent the theft or misuse of property that may be stranded or wrecked. It promotes transparency and integrity in the handling of such property, and ensures that individuals act responsibly while dealing with these situations. The harsh penalties associated with violating this section serve as a deterrent to would-be offenders and ensure that the principles of fairness and justice are upheld.

STRATEGY

Section 415 of the Criminal Code of Canada deals with the offence of concealing, receiving, or dealing with wreck. Wreck is defined as any property that has been lost or abandoned at sea or that is cast on shore. The offence of concealing, receiving, or dealing with wreck is a serious offence that is punishable by imprisonment for up to two years. Therefore, it is important to understand some strategic considerations when dealing with this section of the Criminal Code of Canada. One of the key strategic considerations when dealing with this section of the Criminal Code of Canada is to ensure that you have a clear understanding of what constitutes wreck. This is important because if you are in possession of property that is not considered wreck, you cannot be charged with this offence. It is also important to understand the various circumstances in which it is illegal to conceal, receive, or deal with wreck. For example, it is illegal to board a vessel that is wrecked, stranded, or in distress against the will of the master, unless you are a receiver of wreck or a person acting under orders of a receiver of wreck. Another strategic consideration when dealing with this section of the Criminal Code of Canada is to ensure that you have a lawful authority to deal with wreck. If you do not have a lawful authority to deal with wreck, you may be charged with this offence. Therefore, it is important to obtain the necessary licenses and permits before engaging in any activities related to wreck. A third strategic consideration when dealing with this section of the Criminal Code of Canada is to ensure that you comply with the reporting requirements. If you receive wreck, you must inform the receiver of wreck within forty-eight hours of receiving it. Failure to do so is an offence and may result in criminal charges. In order to avoid being charged with an offence under this section of the Criminal Code of Canada, there are several strategies that could be employed. One strategy is to ensure that you have a clear understanding of what constitutes wreck and the circumstances in which it is illegal to conceal, receive, or deal with it. Another strategy is to obtain the necessary licenses and permits before engaging in any activities related to wreck. Additionally, you should always comply with the reporting requirements to avoid criminal charges. Overall, Section 415 of the Criminal Code of Canada is a serious offence that carries heavy penalties. Therefore, it is important to understand the strategic considerations when dealing with this section of the Criminal Code of Canada and employ appropriate strategies to avoid being charged with an offence.