INTRODUCTION AND BRIEF DESCRIPTION
Violation of an order made under subsection (3) results in an indictable offence or an offence punishable on summary conviction.
SECTION WORDING
462.33(11) Any person on whom an order made under subsection (3) is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of an indictable offence or an offence punishable on summary conviction.
EXPLANATION
Section 462.33(11) of the Criminal Code of Canada is a provision that prohibits any person who has received an order under subsection (3) from acting in contravention of or failing to comply with the order. This section applies to the forfeiture orders made under Part XII.2 of the Criminal Code of Canada. Forfeiture orders are judicial orders that require the seizure and confiscation of assets used in connection with criminal activities. The forfeiture of assets can occur at any stage of a criminal proceeding, including after a conviction, and is intended to prevent the use of the assets in furtherance of criminal activities. Failure to comply with forfeiture orders can result in serious consequences, whether the individual is charged with an indictable offence or an offence punishable on summary conviction. Individuals who violate the order can be subject to fines, imprisonment, or both. In addition, failure to comply can result in contempt of court charges, which can lead to additional sanctions, including fines and imprisonment. It is important to note that forfeiture orders are often complex and require the assistance of legal counsel. If you or someone you know has been served with a forfeiture order, it is crucial to seek legal advice as soon as possible. Failure to comply with the order can have severe consequences and can lead to serious legal issues down the line. Overall, section 462.33(11) of the Criminal Code of Canada serves as a critical provision in ensuring that individuals comply with forfeiture orders and prevent the use of assets in furtherance of criminal activities.
COMMENTARY
Section 462.33(11) of the Criminal Code of Canada is a provision that deals with the consequences of failing to comply with an order made under subsection (3) of the same section. This provision states that any person who fails to comply with an order made under subsection (3) while the order is still in force is guilty of an indictable offence or an offence punishable on summary conviction. Before delving into the provisions of section 462.33(11), it is important to first understand what subsection (3) of the same section entails. Subsection (3) allows a judge or justice to make an order that prohibits a person from doing any of the following things: - Engaging in an activity that is related to a criminal organization or is for the benefit of such an organization - Possessing a weapon - Possessing anything that could be used to facilitate the commission of an offence - Associating with any member of a criminal organization - Communicating with any member of a criminal organization - Being in a specific place or area - Doing anything else that the judge or justice considers reasonable in the circumstances The purpose of making such an order is to prevent the person in question from engaging in criminal activities and to disrupt the operations and activities of criminal organizations. However, an order made under subsection (3) is only effective if it is served on the person it is directed towards and is accompanied by an explanation of its terms. Section 462.33(11) comes into play when a person who has been served with an order made under subsection (3) fails to comply with it while the order is still in force. In such a case, the person is committing an offence and can be charged with an indictable offence or an offence punishable on summary conviction. The severity of the offence will depend on the circumstances of the case, but in either case, the punishment can be severe. The consequences of failing to comply with an order made under subsection (3) are meant to be a deterrent to prevent people from engaging in criminal activities or associating with criminal organizations. By making it an offence to contravene such an order, the law is sending a strong message that criminal activity will not be tolerated, and anyone who engages in such activity will face serious consequences. Furthermore, section 462.33(11) ensures that the orders made under subsection (3) are taken seriously. It provides a mechanism for enforcing the orders and ensures that those who have been served with the orders are aware of the seriousness of the consequences of failing to comply with them. In conclusion, section 462.33(11) of the Criminal Code of Canada is an important provision that serves to deter people from engaging in criminal activities or associating with criminal organizations. It ensures that the orders made under subsection (3) are taken seriously and that those who fail to comply with them face serious consequences. By doing so, it helps to protect society and disrupt the activities of criminal organizations.
STRATEGY
Section 462.33(11) of the Criminal Code of Canada is a provision that criminalizes the breach of an order made under subsection (3). This provision is aimed at preventing criminal organizations from carrying out their illegal activities and is an essential tool for law enforcement agencies to target individuals and groups that pose a threat to public safety. However, when dealing with this provision, there are several strategic considerations that need to be taken into account. One of the crucial strategic considerations when dealing with this provision is to ensure that the order made under subsection (3) is legally valid and enforceable. A valid order must be made by a judge or a justice of the peace, it must be reasonable, and its terms and conditions should be clear and specific. Lawyers and law enforcement officers must ensure that the order complies with the requirements set out in the Criminal Code to prevent it from being challenged or overturned on appeal. Another strategic consideration is to gather sufficient evidence to prove that the accused has breached the order. A breach of an order can be challenging to prove, and prosecutors must have enough evidence to show that the accused acted in contravention of or failed to comply with the order. Evidence may include witness statements, surveillance footage, financial records, phone and text messages, and any other information that demonstrates that the accused has violated the terms of the order. When dealing with this provision, it is essential to consider whether a summary or indictable offence charge is appropriate. A summary offence is generally seen as less serious and carries a maximum punishment of six months in jail, while an indictable offence is more severe and carries a maximum punishment of five years in jail. Prosecutors may choose to lay an indictable charge, which is usually reserved for more egregious breaches of the order or for cases where the accused has a criminal record. A strategic consideration to keep in mind when dealing with this provision is whether to proceed with a trial or to negotiate a plea agreement. A plea agreement may be in the best interest of the accused if the evidence against them is strong. In this scenario, the accused may choose to plead guilty, and in exchange, the prosecutor may agree to reduce the charges or sentence. On the other hand, if the evidence is weak, the accused may wish to proceed with a trial to challenge the evidence and argue their case before a judge. In conclusion, when dealing with Section 462.33(11) of the Criminal Code of Canada, there are many strategic considerations that need to be taken into account. Lawyers, prosecutors and law enforcement officers must ensure that the order made under subsection (3) is legally valid and enforceable, gather sufficient evidence to prove a breach of the order, consider whether to proceed with a summary or indictable offence charge, and choose whether to negotiate a plea agreement or proceed with a trial, among other considerations. By keeping these considerations in mind, legal professionals can ensure that justice is served and that public safety is maintained.