Criminal Code of Canada - section 487.04 - Definition of primary designated offence

section 487.04

INTRODUCTION AND BRIEF DESCRIPTION

Section 487.04 of the Criminal Code of Canada defines primary designated offence as a list of serious criminal offences.

SECTION WORDING

487.04 In this part, "primary designated offence" means (a) an offence under any of the following provisions, namely, (i) subsection 7(4.1) (offence in relation to sexual offences against children), (i.1) section 151 (sexual interference), (i.2) section 152 (invitation to sexual touching), (i.3) section 153 (sexual exploitation), (i.4) section 153.1 (sexual exploitation of person with disability), (i.5) section 155 (incest), (i.6) subsection 160(2) (compelling the commission of bestiality), (i.7) subsection 160(3) (bestiality in presence of or by a child), (i.8) section 163.1 (child pornography), (i.9) section 170 (parent or guardian procuring sexual activity), (i.901) section 171.1 (making sexually explicit material available to child), (i.91) section 172.1 (luring a child), (i.911) section 172.2 (agreement or arrangement — sexual offence against child), (i.92) subsection 173(2) (exposure), (i.93) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse), (i.94) subsection 212(2) (living on the avails of prostitution of a person under age of 18), (i.95) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under age of 18), (i.96) subsection 212(4) (obtaining prostitution of person under age of 18), (ii) section 235 (murder), (iii) section 236 (manslaughter), (iv) section 239 (attempt to commit murder), (v) section 244 (discharging firearm with intent), (vi) section 244.1 (causing bodily harm with intent — air gun or pistol), (vi.1) section 244.2 (discharging firearm — recklessness), (vii) paragraph 245(a) (administering noxious thing with intent to endanger life or cause bodily harm), (viii) section 246 (overcoming resistance to commission of offence), (ix) section 267 (assault with a weapon or causing bodily harm), (x) section 268 (aggravated assault), (xi) section 269 (unlawfully causing bodily harm), (xi.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm), (xi.2) section 270.02 (aggravated assault of peace officer), (xi.3) section 271 (sexual assault), (xii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), (xiii) section 273 (aggravated sexual assault), (xiii.1) subsection 273.3(2) (removal of a child from Canada), (xiv) section 279 (kidnapping), (xv) section 344 (robbery), and (xvi) section 346 (extortion), (a.1) an offence under any of the following provisions, namely, (i) section 75 (piratical acts), (i.01) section 76 (hijacking), (i.02) section 77 (endangering safety of aircraft or airport), (i.03) section 78.1 (seizing control of ship or fixed platform), (i.04) subsection 81(1) (using explosives), (i.05) section 83.18 (participation in activity of terrorist group), (i.051) section 83.181 (leaving Canada to participate in activity of terrorist group), (i.06) section 83.19 (facilitating terrorist activity), (i.061) section 83.191 (leaving Canada to facilitate terrorist activity), (i.07) section 83.2 (commission of offence for terrorist group), (i.071) section 83.201 (leaving Canada to commit offence for terrorist group, (i.072) section 83.202 (leaving Canada to commit offence that is terrorist activity), (i.08) section 83.21 (instructing to carry out activity for terrorist group), (i.09) section 83.22 (instructing to carry out terrorist activity), (i.1) section 83.23 (harbouring or concealing), (iv) paragraphs 212(1)(a) to (h) (procuring), (v) paragraph 212(1)(j) (procuring), (vi) section 233 (infanticide), (vii.1) section 279.01 (trafficking in persons), (vii.11) section 279.011 (trafficking of a person under the age of eighteen years), (viii) section 279.1 (hostage taking), (ix) paragraph 348(1)(d) (breaking and entering a dwelling-house), (x) section 423.1 (intimidation of a justice system participant or journalist), (xi) section 431 (attack on premises, residence or transport of internationally protected person), (xii) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel), (xiii) subsection 431.2(2) (explosive or other lethal device), (xiv) section 467.11 (participation in activities of criminal organization), (xv) section 467.12 (commission of offence for criminal organization), and (xvi) section 467.13 (instructing commission of offence for criminal organization), (b) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983, namely, (i) section 144 (rape), (i.1) section 145 (attempt to commit rape), (ii) section 146 (sexual intercourse with female under fourteen and between fourteen and sixteen), (iii) section 148 (sexual intercourse with feeble-minded, etc.), (iv) section 149 (indecent assault on female), (v) section 156 (indecent assault on male), (vi) section 157 (acts of gross indecency), and (vii) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in subparagraphs (i) to (vi), (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988: (i) subsection 146(1) (sexual intercourse with a female under age of 14), (ii) subsection 146(2) (sexual intercourse with a female between ages of 14 and 16), (iii) section 153 (sexual intercourse with step-daughter), (iv) section 157 (gross indecency), (v) section 166 (parent or guardian procuring defilement), and (vi) section 167 (householder permitting defilement), (c.01) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83: (i) section 246.1 (sexual assault), (ii) section 246.2 (sexual assault with a weapon, threats to a third party or causing bodily harm), and (iii) section 246.3 (aggravated sexual assault), (c.1) an offence under any of the following provisions of the Security of Information Act, namely, (i) section 6 (approaching, entering, etc., a prohibited place), (ii) subsection 20(1) (threats or violence), and (iii) subsection 21(1) (harbouring or concealing), and (d) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit an offence referred to in any of paragraphs (a) to (c.01).

EXPLANATION

Section 487.04 of the Criminal Code of Canada defines the term "primary designated offence" for the purposes of the Code. Essentially, this section lists out a number of serious crimes that are considered to be "primary designated offences" under Canadian law. These crimes include sexual offences against children, murder, manslaughter, assault, kidnapping, robbery, extortion, terrorism offences, and trafficking in persons, among others. This section is important because the Criminal Code of Canada makes reference to "primary designated offences" in a number of places. For example, section 487.05 of the Code allows police officers to obtain search warrants in relation to investigations into primary designated offences, subject to certain requirements and conditions. Additionally, section 490.011 of the Code requires offenders who have committed a primary designated offence to comply with certain reporting requirements, such as informing police of any change of address or employment. Overall, section 487.04 is a key part of the Criminal Code of Canada, as it defines the scope of serious crimes that are subject to special rules and procedures under Canadian law.

COMMENTARY

Section 487.04 of the Criminal Code of Canada defines a "primary designated offence" as a criminal act that is considered particularly serious. The list of offences includes sexual offences against children, murder, manslaughter, assault with a weapon, sexual assault, kidnapping, robbery, and extortion, among others. The purpose of this section is to prioritize the investigation and prosecution of these offences, as they are considered to have a significant impact on individuals and society as a whole. Law enforcement agencies are required to follow specific procedures when investigating these types of crimes, including obtaining search warrants and using investigative tools such as wiretaps, surveillance, and DNA analysis. One of the key features of this section is the inclusion of sexual offences against children, which are considered some of the most heinous crimes. The Criminal Code of Canada outlines a range of sexual offences against minors, including sexual interference, invitation to sexual touching, sexual exploitation, incest, and child pornography. By designating these acts as "primary designated offences," law enforcement agencies are prohibited from compromising the investigation by providing notification to the subject of the investigation or seeking pre-authorization to obtain evidence. Another significant aspect of this section is the inclusion of offences related to terrorism and criminal organizations. These types of crimes are considered particularly dangerous and have the potential to cause harm to a large number of people. By prioritizing the investigation and prosecution of these offences, law enforcement agencies can take steps to prevent future acts of violence and protect the public. Overall, section 487.04 of the Criminal Code of Canada provides a framework for prioritizing the investigation and prosecution of serious criminal offences. By providing guidance on the appropriate investigative procedures and tools, law enforcement agencies can ensure that justice is served and the public is protected from dangerous individuals and organizations.

STRATEGY

Section 487.04 of the Criminal Code of Canada lays out the definition of primary designated offence" and plays an important role in the criminal justice system. When dealing with this section of the Criminal Code, there are several strategic considerations to keep in mind. First and foremost, it is crucial to understand the severe nature of primary designated offences, which include sexual offences against children, murder, manslaughter, and terrorist activities. These offences have long-lasting effects on victims and carry significant public interest, and as such, handling these cases requires expert knowledge and skills. One of the critical strategies that could be employed is to ensure proper resource allocation to investigate and prosecute primary designated offences effectively. Resource allocation can involve having specialized units or teams of detectives, prosecutors, and support staff who are trained and experienced in dealing with these crimes. These teams could also be equipped with the latest technology and forensic tools to handle the complexities of these offences. Another strategy is to ensure effective communication and information-sharing among various stakeholders involved in primary designated offence cases. This includes the police, prosecutors, victim services, and community partners. Sharing relevant information can help build a strong case, support victims, and prevent similar crimes in the future. An additional strategic consideration is to prioritize victim support and protection. Victims of primary designated offences are often vulnerable and require special care and support. Ensuring victim rights are respected and providing them with timely and appropriate support could help empower them to come forward and participate in the criminal justice process. Moreover, a viable strategy could be to increase public awareness and education about primary designated offences. Many individuals may not fully understand the seriousness and impact of these crimes, which could result in underreporting or inadequate regulation of offences. By increasing awareness and education, individuals could better understand the consequences of their actions, and communities could work together to prevent similar crimes from happening. In conclusion, when dealing with Section 487.04 of the Criminal Code of Canada, various strategic considerations can help ensure effective handling of primary designated offences. From effective resource allocation, communication, increasing public awareness to victim support, these strategies could help prevent, investigate, and prosecute primary designated offences effectively.