section 476

INTRODUCTION AND BRIEF DESCRIPTION

This section defines the territorial jurisdiction for criminal offences committed in certain locations or circumstances.

SECTION WORDING

476 For the purposes of this Act, (a) where an offence is committed in or on any water or on a bridge between two or more territorial divisions, the offence shall be deemed to have been committed in any of the territorial divisions; (b) where an offence is committed on the boundary of two or more territorial divisions or within five hundred metres of any such boundary, or the offence was commenced within one territorial division and completed within another, the offence shall be deemed to have been committed in any of the territorial divisions; (c) where an offence is committed in or on a vehicle employed in a journey, or on board a vessel employed on a navigable river, canal or inland water, the offence shall be deemed to have been committed in any territorial division through which the vehicle or vessel passed in the course of the journey or voyage on which the offence was committed, and where the center or other part of the road, or navigable river, canal or inland water on which the vehicle or vessel passed in the course of the journey or voyage is the boundary of two or more territorial divisions, the offence shall be deemed to have been committed in any of the territorial divisions; (d) where an offence is committed in an aircraft in the course of a flight of that aircraft, it shall be deemed to have been committed (i) in the territorial division in which the flight commenced, (ii) in any territorial division over which the aircraft passed in the course of the flight, or (iii) in the territorial division in which the flight ended; and (e) where an offence is committed in respect of the mail in the course of its door-to-door delivery, the offence shall be deemed to have been committed in any territorial division through which the mail was carried on that delivery.

EXPLANATION

Section 476 of the Criminal Code of Canada defines the territorial jurisdiction where an offence is deemed to have been committed for the purposes of the Act. The section sets out five different scenarios in which an offence may occur in multiple territorial divisions, such as on a bridge, along a boundary, in a vehicle, on an aircraft, or in respect of mail delivery. In each scenario, the offence may be deemed to have been committed in any of the territorial divisions involved, depending on various factors such as where the offence was commenced and completed, which divisions the vehicle or vessel passed through, or which territorial divisions were overflown during an aircraft flight. The purpose of this section is to ensure that a person who commits an offence cannot escape justice simply by moving across a territorial boundary. By deeming the offence to have been committed in any of the relevant territorial divisions, law enforcement authorities can prosecute the offender in any of those jurisdictions, depending on which division is most convenient or appropriate. Overall, Section 476 helps to ensure that offenders cannot evade legal consequences simply by crossing territorial boundaries, and that the territorial jurisdiction of the courts can be applied consistently and effectively.

COMMENTARY

Section 476 of the Criminal Code of Canada provides guidance on determining the territorial division within which an offence has been committed. This section is particularly relevant in cases where an offence involves movement across different geographical areas, such as waterways, bridges, or vehicles. Subsection (a) deals with offences committed on or in water, or on a bridge between two or more territorial divisions. In such cases, the offence is deemed to have been committed in any of the territorial divisions. This approach makes sense because it can be challenging to pinpoint the exact location where an offence may have occurred on waterways or bridges. Subsection (b) deals with offences committed on territorial boundaries or within 500 metres of a boundary. Under this section, an offence is deemed to have been committed in any of the territorial divisions along the boundary. This approach ensures that a crime is not left unpunished merely because it occurred close to a territorial boundary. Subsection (c) deals with offences committed in a vehicle or vessel during a journey. According to this section, an offence is deemed to have been committed in any territorial division through which the vehicle or vessel passed during the journey. If the vehicle or vessel passed through a boundary, the offence is deemed to have been committed in any of the territorial divisions. This approach ensures that offenders are held accountable for their actions regardless of where the journey may have taken them. Subsection (d) deals with offences committed in an aircraft during a flight. This section considers three possibilities: where the flight began, where the aircraft passed during the flight, and where the flight ended. This ensures that an offence committed in an aircraft is not overlooked simply because the jurisdiction where the aircraft was at the time of the offence is unclear. Finally, subsection (e) deals with offences committed in relation to mail in the course of door-to-door delivery. In such cases, the offence is deemed to have been committed in any territorial division through which the mail was carried during delivery. This provision ensures that an offender cannot avoid accountability simply by moving mail across jurisdictional boundaries. Overall, Section 476 of the Criminal Code of Canada provides a clear framework for determining territorial jurisdiction in cases where an offence involves movement across different geographical areas. This ensures that offenders are held accountable for their actions, regardless of where they may have occurred.

STRATEGY

Section 476 of the Criminal Code of Canada provides the legal framework for determining where an offence has been committed when the offence occurs in multiple territorial divisions. The section is particularly important when it comes to the jurisdictional issues that may arise in the prosecution of crimes. Understanding the provisions in this section is, therefore, crucial when developing strategies for dealing with such cases. One strategic consideration is the need to establish the correct territorial division where the offence occurred. It is essential to determine the location of the crime correctly as this determines the jurisdiction of the court that will hear the case. Lawyers, therefore, need to carefully examine the facts of each case to determine where the crime was committed. This involves reviewing the evidence, interviewing any witnesses, and examining any physical evidence available. Another strategic consideration is the need to determine the best venue to prosecute the case. Lawyers should consider which court has the appropriate level of jurisdiction and which court is likely to provide the best outcome for their client. This may involve choosing a court that has a distinct legal precedent or the one that is more likely to consider certain legal arguments. Additionally, lawyers should consider how Section 476 impacts on the evidence that can be used in court. They should determine if evidence obtained in one territorial division can be used in another and if any special procedures, such as obtaining search warrants, are required before collecting such evidence. This may involve working with law enforcement agencies in various territorial divisions to obtain crucial evidence. Another strategy that lawyers can employ is appealing to the discretion of the prosecution service. The possibility of transferring the case to a different jurisdiction may be available if it can be demonstrated that the accused will not receive a fair trial in the current jurisdiction. Finally, lawyers should be mindful of the implications of the section when it comes to the sentencing of the accused. They must determine the legislative provisions governing sentencing in different territorial divisions, take into account any court precedents, and evaluate the likely outcome of the case in terms of sentencing. In conclusion, Section 476 of the Criminal Code of Canada has important implications for the jurisdictional and legal framework governing criminal offenses committed in multiple territorial divisions. By grasping the provisions in this section, lawyers can develop effective strategies for dealing with such cases, including determining the correct location of the crime, choosing the best court to prosecute the case, and leveraging evidence appropriately.