INTRODUCTION AND BRIEF DESCRIPTION
Section 88(2) of the Criminal Code of Canada outlines the penalties for committing an offence related to advocating genocide.
SECTION WORDING
88(2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or (b) is guilty of an offence punishable on summary conviction.
EXPLANATION
Section 88(2) of the Criminal Code of Canada pertains to the offence of advocating or promoting terrorism. Subsection (1) of this section outlines this offence, which essentially refers to any person who counsels, promotes, encourages, or instructs another person to carry out a terrorism offence. According to subsection (2), any person who commits an offence under subsection (1) can be charged with an indictable offence. This means that the accused can be brought to trial before a judge and jury, and if found guilty, can face a maximum sentence of ten years imprisonment. Alternatively, the person can also be charged with an offence punishable on summary conviction, which means that the case can be heard before a judge alone, and if found guilty, the accused can face a maximum penalty of six months imprisonment or a fine up to $5000. The overall intent of this section is to prevent individuals from engaging in activities that could lead to terrorism, by making it a criminal offence to promote, encourage, or instruct others to commit such acts. The inclusion of both indictable and summary conviction options highlights the seriousness of the offence, but also allows for a certain level of flexibility when it comes to sentencing and adjudication of cases.
COMMENTARY
Section 88(2) of the Criminal Code of Canada outlines the potential penalties for individuals who commit offences under subsection (1). Subsection (1) of section 88 criminalizes advocating or promoting genocide, defined as the destruction of or an attempt to destroy an ethnic, racial, religious, or national group. This offence is incredibly serious as it incites violence and hatred towards specific groups of people and seeks to undermine the very foundations of our diverse and multicultural society. Under subsection (2) of section 88, offenders who commit this offence can face a range of penalties. On one hand, individuals who commit the offence can be guilty of an indictable offence. This means that they may face a lengthier prison sentence of up to ten years, which is reserved for the most severe crimes. This penalty is intended to serve as a deterrent to would-be offenders and indicate the severity of the offence. On the other hand, individuals who commit the offence of advocating or promoting genocide can also be guilty of an offence punishable on summary conviction. This means that the offender may face a less severe penalty, such as a shorter prison sentence or a fine. This less severe penalty may be applied in less severe cases where the offender has committed the offence but may not have intended to incite violence or hatred towards a group of people. It is important to note that while genocide is a very extreme form of violence and hatred, it is not the only form of hatred that is condemned in Canada. Hate crimes and hate speech are also illegal in Canada, and individuals who commit these offences can face significant penalties under the Criminal Code. While subsection (2) of section 88 outlines the penalties for committing the offence of advocating or promoting genocide, it is also important to examine the broader implications of this offence. Advocating or promoting genocide is not only illegal but it is also a morally reprehensible act that undermines the fundamental values of a democratic and multicultural society. Canada is built on the principles of diversity, inclusivity, and acceptance, and offences such as this serve to undermine these core values. In conclusion, section 88(2) of the Criminal Code of Canada outlines the potential penalties for individuals who commit the offence of advocating or promoting genocide. This offence is incredibly serious as it incites violence and hatred towards specific groups of people and seeks to undermine our diverse and multicultural society. Offenders who commit this offence can face a range of penalties, including a lengthy prison sentence of up to ten years or a less severe penalty such as a shorter prison sentence or a fine. Ultimately, it is important to remember that the offence of advocating or promoting genocide is not only illegal, but it is also a morally reprehensible act that undermines the very fabric of our society.
STRATEGY
Section 88(2) of the Criminal Code of Canada relates to the offence of advocating or promoting genocide, which is a serious offence that can carry significant repercussions. As such, it is important to understand the strategic considerations involved in dealing with this section of the Criminal Code of Canada. One of the first strategic considerations is understanding the definition of genocide and the types of behaviour that could be considered to be advocating or promoting genocide. According to the United Nations Convention on the Prevention and Punishment of the Crime of Genocide, genocide is defined as any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; or forcibly transferring children of the group to another group. With this in mind, it is essential to understand the types of behaviour that could be considered to be advocating or promoting genocide. This could include making statements that incite violence or hatred against a particular group, disseminating propaganda that promotes the extermination of a particular group, or actively encouraging others to carry out acts of violence against a particular group. Another strategic consideration is the potential penalties for committing an offence under section 88(2) of the Criminal Code of Canada. Depending on the circumstances, a person could face up to 10 years in prison for an indictable offence, or a summary conviction offence with a maximum sentence of two years less a day. Given the seriousness of the offence and the potential penalties involved, it is important to employ a strategic approach when dealing with section 88(2) of the Criminal Code of Canada. Some possible strategies that could be employed include: - Understanding the legal nuances of the offence: Given the complex nature of the offence of advocating or promoting genocide, it is important to have a thorough understanding of the legal nuances involved in order to mount an effective defence. - Working with an experienced criminal lawyer: Given the significant penalties involved, it is essential to have an experienced criminal lawyer on your side who can provide the necessary guidance and support throughout the legal process. - Building a robust defence: Depending on the circumstances of the case, there may be a range of defence strategies that could be employed, including challenging the evidence, arguing that the behaviour in question does not constitute advocating or promoting genocide, or mitigating circumstances. - Managing media and public opinion: Cases involving advocacy or promotion of genocide can attract significant media attention and public scrutiny. As such, it is important to have a strategic approach to managing media and public opinion to minimise reputational damage and support a fair legal process. In conclusion, section 88(2) of the Criminal Code of Canada covers a serious offence with potentially significant penalties. To navigate this section of the Criminal Code effectively, it is essential to have a thorough understanding of the legal nuances involved, work with an experienced criminal lawyer, develop a robust defence strategy, and manage media and public opinion carefully. By adopting a strategic approach, individuals and organisations can maximise their chances of achieving a favourable outcome.