INTRODUCTION AND BRIEF DESCRIPTION
Section 490.011(1) of the Criminal Code of Canada defines the term designated offence as a list of criminal offenses, which includes sexual offenses against children, murder, kidnapping, and breaking and entering.
SECTION WORDING
490.011(1) In this part, "designated offence" means (a) an offence under any of the following provisions: (i) subsection 7(4.1) (offence in relation to sexual offences against children), (ii) section 151 (sexual interference), (iii) section 152 (invitation to sexual touching), (iv) section 153 (sexual exploitation), (v) section 153.1 (sexual exploitation of person with disability), (vi) section 155 (incest), (vi.1) subsection 160(2) (compelling the commission of bestiality), (vii) subsection 160(3) (bestiality in presence of or by a child), (viii) section 163.1 (child pornography), (ix) section 170 (parent or guardian procuring sexual activity), (ix.1) section 171.1 (making sexually explicit material available to child), (x) section 172.1 (luring a child), (x.1) section 172.2 (agreement or arrangement — sexual offence against child), (xi) subsection 173(2) (exposure), (xii) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse), (xiii) subsection 212(2) (living on the avails of prostitution of a person under age of eighteen), (xiv) subsection 212(2.1) (aggravated offence — living on the avails of prostitution of a person under age of eighteen), (xv) subsection 212(4) (obtaining prostitution of person under age of eighteen), (xvi) section 271 (sexual assault), (xvii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), (xviii) paragraph 273(2)(a) (aggravated sexual assault — use of a restricted firearm or prohibited firearm or any firearm in connection with criminal organization), (xviii.1) paragraph 273(2)(a.1) (aggravated sexual assault — use of a firearm), (xix) paragraph 273(2)(b) (aggravated sexual assault), and (xx) subsection 273.3(2) (removal of a child from Canada); (b) an offence under any of the following provisions: (i) section 162 (voyeurism), (i.1) subsection 173(1) (indecent acts), (ii) section 177 (trespassing at night), (iii) section 230 (murder in commission of offences), (iii.1) section 231 (murder), (iv) section 234 (manslaughter), (v) paragraph 246(b) (overcoming resistance to commission of offence), (vi) section 264 (criminal harassment), (vii) section 279 (kidnapping), (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 280 (abduction of a person under age of sixteen), (ix) section 281 (abduction of a person under age of fourteen), (x) paragraph 348(1)(d) (breaking and entering a dwelling house with intent to commit an indictable offence), (xi) paragraph 348(1)(d) (breaking and entering a dwelling house and committing an indictable offence), (xii) paragraph 348(1)(e) (breaking and entering a place other than a dwelling house with intent to commit an indictable offence), and (xiii) paragraph 348(1)(e) (breaking and entering a place other than a dwelling house and committing an indictable offence); (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 4, 1983: (i) section 144 (rape), (ii) section 145 (attempt to commit rape), (iii) section 149 (indecent assault on female), (iv) section 156 (indecent assault on male), and (v) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in any of subparagraphs (i) to (iv); (c.1) 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); (d) 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 fourteen), (ii) subsection 146(2) (sexual intercourse with a female between ages of fourteen and sixteen), (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); (e) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a), (c), (c.1) and (d); or (f) an attempt or conspiracy to commit an offence referred to in paragraph (b).
EXPLANATION
Section 490.011(1) of the Criminal Code of Canada outlines what is meant by the term "designated offence" in the context of the Code. This section lists a number of serious criminal offences that fall under this category, including sexual offences against children, sexual exploitation, child pornography, sexual assault, kidnapping, and murder. The section also includes provisions for offences that were enacted before certain dates, such as certain sexual assault offences that were introduced in 1983 and 1988. The inclusion of an offence under this section as a "designated offence" carries significant legal consequences. For example, it may affect a person's eligibility for bail, release, or parole, and can impact the sentencing options available to a judge. Additionally, certain legal mechanisms, such as asset forfeiture, may come into effect. Overall, section 490.011(1) serves to define the scope of certain serious criminal offences within the Criminal Code of Canada and provides the legal framework for dealing with them.
COMMENTARY
Section 490.011(1) of the Criminal Code of Canada defines a "designated offence." These are offences that are considered to be the most serious and carry the highest penalties under Canadian law. The section outlines several categories of offences that are considered to be designated offences. These include sexual offences against children, child pornography, sexual assault, and kidnapping, among others. The importance of this section of the Criminal Code cannot be overstated. It serves as a guide for law enforcement officials in determining the severity of the offence committed and the appropriate action to take. For example, if a person is found guilty of a designated offence, they may face a more severe penalty than if they had been found guilty of a less serious offence. Moreover, the inclusion of offences relating to sexual offences against children in this section is indicative of Canada's commitment to protecting vulnerable members of society. Sexual offences against children are considered to be among the most heinous crimes, and those who commit such crimes are rightly punished severely under Canadian law. In addition to defining designated offences, this section of the Criminal Code also outlines attempted or conspiracy to commit such offences. This means that those who are found guilty of attempting or conspiring to commit a designated offence may face similar penalties to those who have committed the offence itself. Overall, section 490.011(1) of the Criminal Code plays an important role in the Canadian justice system. By defining designated offences, it provides law enforcement officials and the courts with a framework for determining the severity of the offence and the appropriate penalty. Moreover, its inclusion of sexual offences against children is a clear indication of Canada's commitment to protecting the most vulnerable members of society.
STRATEGY
Section 490.011(1) of the Criminal Code of Canada outlines the definition of "designated offence" which includes various sexual offences, violent crimes, breaking and entering, and more. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that should be taken into account. Firstly, it is important to ensure that any charges or accusations made fall under the definition of "designated offence" in order to ensure that the case falls under this section of the Criminal Code. This may require a thorough analysis of the Criminal Code and a review of case law to determine if the offence meets the criteria for a designated offence. Once a case falls under the umbrella of a designated offence, it is important to develop a solid strategy. This may involve working with prosecutors and other legal professionals to build a strong case, gathering evidence and conducting witness interviews, and identifying potential defences that can be used in court. In addition, it is important to ensure that any potential impacts of the case are taken into account. This may include considerations such as reputational damage, public perception, and potential financial or legal consequences. Strategies that could be employed when dealing with Section 490.011(1) of the Criminal Code of Canada include working closely with legal professionals and experts in order to build a strong case, conducting thorough investigations and gathering evidence, and developing comprehensive defence strategies. It may also involve working to minimize any potential negative impacts of the case, such as damage to reputation or financial consequences. Overall, dealing with Section 490.011(1) of the Criminal Code of Canada requires careful consideration and planning in order to ensure that the case is handled effectively and efficiently. By taking the time to develop a comprehensive strategy and work closely with legal professionals, it is possible to achieve a positive outcome in these types of cases.