Criminal Code of Canada - section 447.1(2) - Breach of order

section 447.1(2)

INTRODUCTION AND BRIEF DESCRIPTION

Violating an order made under paragraph (1)(a) is a punishable offence on summary conviction.

SECTION WORDING

447.1(2) Every one who contravenes an order made under paragraph (1)(a) is guilty of an offence punishable on summary conviction.

EXPLANATION

The Criminal Code of Canada is the principal criminal legal text in Canada, setting out the fundamental principles of Canadian criminal law. Section 447.1(2) of the Criminal Code criminalizes the breach of an order made under subsection (1)(a). Subsection (1)(a) of this section provides that a court may make an order prohibiting a person from operating a vessel on Canadian waters. This order may be made if the court is satisfied that the individual poses a danger to the safety of other persons or property. Further, the order may be made either before or after a conviction has been made. If an individual breaches an order made under subsection (1)(a) as per section 447.1(2), they are committing a criminal offense that is punishable upon summary conviction. This means that the individual is guilty of an offense, for which the penalty or punishment is up to two years imprisonment, a fine up to $5,000 or both. The objective of Section 447.1(2) is to maintain public safety by preventing dangerous individuals from operating vessels on public waters. This section offers a formidable "teeth" to legal measures put in place meant to keep people off the waterways, who have demonstrated a proclivity towards recklessness or disregard for safety. It acts as another tool with which to deter such individuals from violating the lawful order and thereby endangering lives and property. In conclusion, Section 447.1(2) of the Criminal Code serves as a statutory framework for ensuring public safety by prohibiting individuals who are deemed dangerous from operating vessels on Canadian waters. The Code is a crucial component of law enforcement, providing clear statutes and consequences for offenders in both ensuring accountability for reckless behavior and maintaining public safety.

COMMENTARY

Section 447.1(2) of the Criminal Code of Canada is an essential provision that outlines the penalties for anyone who contravenes an order made under paragraph (1)(a). This provision exists to ensure that individuals who violate court orders related to animal cruelty offenses are held accountable for their actions. The inclusion of this section in the Criminal Code is significant in that it highlights Canada's commitment to combatting animal cruelty. In recent years, the country has made significant strides towards strengthening animal welfare laws and ensuring that those who engage in animal cruelty are held accountable. In this regard, the provision sends a strong message that the Canadian government takes animal cruelty seriously and is working towards eradicating such acts. The provision, which outlines that the offense is punishable on summary conviction means that the violator will face a less severe punishment than what they would receive if it went before a judge or jury. Summary conviction means that the offender is given a less severe sentence or punishment, with no trial by jury. In other words, those who contravene an order under paragraph (1)(a) may be required to pay a fine or face prison time, but the sentence will be less severe than if the case went before a judge or jury. The section is an essential tool in achieving justice for animals and holding those responsible for animal cruelty accountable. It provides a clear legal framework within which the government can prosecute offenders and ensure that justice is served. The provision helps protect animals from further harm by deterring individuals from engaging in cruel acts towards animals, especially when there is an existing court order prohibiting such acts. As such, it serves as a critical element in ensuring animal welfare in Canada. Furthermore, Section 447.1(2) of the Criminal Code of Canada has become a significant part of Canada's legal system. Judges and prosecutors have come to rely on the provision to protect animals from harm and prevent animal cruelty. The provision has proven to be an essential tool in protecting the well-being of animals and ensuring that offenders are held accountable. In conclusion, Section 447.1(2) of the Criminal Code of Canada is an essential provision that outlines the penalties for offenders who contravene an order made under paragraph (1)(a). Its inclusion in the Criminal Code sends a strong message that Canada is committed to combatting animal cruelty and ensuring that justice is served. The provision serves as a vital tool in achieving justice for animals and deterring individuals from engaging in cruel acts towards animals, especially when there is an existing court order prohibiting such acts. It is an essential part of Canada's legal system and will remain so for many years to come.

STRATEGY

Section 447.1(2) of the Criminal Code of Canada criminalizes the contravention of an order made under paragraph (1)(a). This provision is primarily aimed at protecting public safety by forbidding certain activities that could cause harm to people or property. To effectively deal with this provision, there are several strategic considerations that law enforcement officials, prosecutors, and defense lawyers need to keep in mind. Firstly, it is important to note that the burden of proof lies with the prosecution to establish beyond a reasonable doubt that the accused contravened the order. This means that the prosecution must prove that the accused had knowledge of the order, and that he or she intentionally violated it. Thus one possible strategy for the defense may be to challenge the prosecution's evidence that the accused had knowledge of the order, or to argue that the accused did not intentionally violate it. Secondly, law enforcement agencies must carefully consider the wording of the order before issuing it. The order must be specific, clear and unambiguous to avoid any confusion about what is permitted and what is prohibited. For example, an order that prohibits loud and disruptive behavior" may be too vague and subjective to be enforceable. Instead, a more specific order to refrain from playing music or making noise after 11:00 pm" may be more effective, as it provides a clear standard for enforcement. Thirdly, prosecutors must evaluate the severity of the violation before deciding whether to pursue charges. While every contravention of an order is technically a criminal offense, not all will warrant a criminal prosecution. Prosecutors may choose to use discretion in cases where a minor violation occurred or where the accused has no prior criminal record. In such cases, a warning or a fine may be more appropriate than a criminal conviction. Fourthly, it is also important to consider the impact that a criminal prosecution may have on the accused. A conviction for a contravention of an order made under paragraph (1)(a) may result in a criminal record, which can have serious consequences for a person's future employment, travel and volunteer opportunities. As such, defense lawyers may seek to negotiate a plea bargain or alternative measures that may result in a lesser charge or no criminal record. Finally, it is important for law enforcement agencies, prosecutors, and defense lawyers to work together to ensure that the justice system operates efficiently and effectively. This may involve developing protocols for issuing and enforcing orders, communicating effectively with each other, and sharing information to facilitate swift and fair resolutions. In conclusion, Section 447.1(2) of the Criminal Code of Canada is a provision that can have serious consequences for those who contravene an order made under paragraph (1)(a). To effectively deal with this provision, strategic considerations that must be taken into account include the burden of proof, the wording of the order, the severity of the violation, the potential impact of a prosecution, and the need for collaboration among law enforcement agencies, prosecutors and defense lawyers. By taking these considerations into account, the justice system can ensure that Section 447.1(2) of the Criminal Code of Canada operates effectively to protect public safety.