INTRODUCTION AND BRIEF DESCRIPTION
It is illegal to use or attempt to use counterfeit money, or to export it out of Canada, punishable by up to 14 years imprisonment.
SECTION WORDING
452 Every one who, without lawful justification or excuse, the proof of which lies on him, (a) utters or offers to utter counterfeit money or uses counterfeit money as if it were genuine, or (b) exports, sends or takes counterfeit money out of Canada, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
EXPLANATION
Section 452 of the Criminal Code of Canada criminalizes the act of counterfeiting money. It applies to any individual who, without lawful justification or excuse, offers or uses counterfeit money as if it were legitimate, or exports, sends or takes counterfeit money out of Canada. The section is an indictable offense, which means that it is a serious crime that carries a maximum sentence of up to fourteen years in prison upon conviction. This harsh punishment is in line with the gravity of the offense, which undermines the integrity of Canada's financial system and can have serious economic consequences. It is important to note that the burden of proof lies on the accused to demonstrate that they had a lawful justification or excuse for their actions. This means it is not enough for an accused to deny the charges; they must provide evidence to show that they did not knowingly or intentionally engage in counterfeiting. The section serves as a deterrent to individuals who may be considering counterfeiting money, as well as a means of holding those who engage in these illegal activities accountable. The protection of Canada's financial system is crucial to maintaining the country's economic stability and prosperity, and Section 452 ensures that those who attempt to undermine it are punished accordingly.
COMMENTARY
Counterfeiting money is a serious criminal offence that can have dire consequences. It jeopardizes an economy and undermines the confidence of the general public in the monetary system. Section 452 of the Criminal Code of Canada deals with counterfeiting by criminalizing the uttering or offering to utter counterfeit money or using counterfeit money as if it were genuine, or exporting, sending, or taking counterfeit money out of Canada. The first part of subsection (a) covers the uttering or offering to utter counterfeit money or using counterfeit money as if it were genuine. The term "utter" means to offer, tender, or give in payment. Thus, this section targets individuals who create and pass off counterfeit currency as real money. The section aims to prevent people from passing off fake money and ensures that only legitimate currency is circulated in the economy. The second part of subsection (a) targets individuals who knowingly use counterfeit money as if it were genuine. This includes persons who purchase goods and services using counterfeit currency with the intention of defrauding the seller. Such conduct harms the public and the economy as it reduces the value of legitimate currency. Subsection (b) targets individuals who export, send, or take counterfeit money out of Canada. This section was included as a response to the growing trend of transnational criminal activity. It helps to prevent the spread of counterfeit currency globally, particularly in countries where the currency is not as easily recognizable as it is in Canada. The section aims to protect the integrity of the Canadian currency by ensuring that counterfeit money does not enter the world economy. The offence of counterfeiting carries a maximum penalty of fourteen years imprisonment. This is a significant penalty, reflecting the seriousness with which the Canadian government views this type of criminal activity. Additionally, individuals convicted of counterfeiting may also have other consequences, such as fines and restitution for the losses caused by their actions. Conviction of counterfeiting can have far-reaching consequences, even beyond the penalties imposed by the Criminal Code. It can lead to social stigma, employment issues, and problems with accessing credit or loans in the future. For this reason, it is crucial that the proof of lawful justification or excuse lies with the defendant. Individuals who have been accused of counterfeiting must provide evidence that their actions were lawful or justified. In conclusion, Section 452 of the Criminal Code of Canada is an important provision that seeks to protect the economy and public confidence in the monetary system. The section criminalizes the uttering or offering to utter counterfeit money or using counterfeit money as if it were genuine, or exporting, sending, or taking counterfeit money out of Canada. The maximum penalty for such crimes is fourteen years in prison, which emphasizes the severity of the offence. This provision serves as a reminder that counterfeiting money will not be tolerated by society and those who engage in such activities will face the full extent of the law.
STRATEGY
Counterfeit money is a serious issue that has deleterious effects on the economy and the society at large. As such, section 452 of the Criminal Code of Canada has been put in place to deal with individuals who knowingly offer or use counterfeit money in exchange for goods or services or try to take it out of the country. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that must be taken into account. These considerations include: 1. Proof of guilt lies on the accused: It is important to note that the proof of guilt lies with the accused. As such, the prosecution must prove beyond a reasonable doubt that the accused knew the money was counterfeit and still attempted to use it as legal tender. The prosecution must also demonstrate that the accused was aware of the legal consequences of their actions. A good defence lawyer can argue against the evidence provided by the prosecutor and reduce the impact of the charges. 2. Seriousness of the offence: Being convicted under section 452 is a very severe offence, and it carries a prison sentence of up to fourteen years. This is a very long time to be incarcerated. As such, it is imperative to treat this charge as a matter of the highest priority and ensure that you get the best legal representation possible. 3. The need for an experienced lawyer: An experienced criminal defence lawyer is essential when dealing with a charge under section 452 of the Criminal Code of Canada. Such a lawyer has the required knowledge and experience to defend the accused and ensure that their rights are protected. The accused should provide the lawyer with all the necessary information and evidence to enable them to provide the best possible defence. 4. Preparing a defence case: Preparing a defence case is crucial in dealing with criminal charges. A good defence lawyer can explore all the possible defences and evaluate the case's strengths and weaknesses. They can come prepared and understand the facts and evidence they will be working with in trial. They also have the capacity to identify and evaluate any potential errors or irregularities in the handling of the case. 5. Settlement option: In some instances, the case can be settled out of court through a plea bargain, which can get the charges reduced or eliminated in exchange for a guilty plea. This option can be feasible if the prosecution has a strong case against the accused, and the consequences of conviction are too severe to take a risk in trial. The defence lawyer can work with the prosecution to negotiate a settlement that is fair to the accused and will not jeopardize their future. In conclusion, being charged with an offence under section 452 of the Criminal Code of Canada can have devastating consequences for the accused. It is, therefore, crucial to consult with a knowledgeable and experienced criminal defence lawyer to ensure that the accused's rights are safeguarded and that the best possible outcome is obtained. The defence lawyer can explore all possible strategies and defences that can lead to a favourable outcome, and they can work with the accused through every step of the legal process.