INTRODUCTION AND BRIEF DESCRIPTION
Section 123(2) of the Criminal Code of Canada criminalizes the act of influencing or attempting to influence a municipal official through suppression of truth, threats, deceit or any unlawful means.
SECTION WORDING
123(2) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who influences or attempts to influence a municipal official to do anything mentioned in paragraphs (1)(a) to (d) by (a) suppression of the truth, in the case of a person who is under a duty to disclose the truth; (b) threats or deceit; or (c) any unlawful means.
EXPLANATION
Section 123(2) of the Criminal Code of Canada is a provision that criminalizes the act of attempting to influence a municipal official to do something in exchange for a benefit or gain. This section applies to anyone who tries to persuade a municipal official to do anything listed in paragraphs (1)(a) to (d) through suppression of truth, threats/deceit, or any other unlawful means. The purpose of this provision is to prevent corrupt practices within municipalities, by imposing criminal sanctions on those who try to influence or induce municipal officials to act in a certain way. Municipal officials are entrusted with power to make decisions that impact the public, and any attempt to influence or manipulate them undermines the trust placed in the municipal system. For example, if a property developer attempts to bribe or threaten a city planner to approve a development plan that does not meet the legal requirements, they can be charged under Section 123(2) of the Criminal Code of Canada. Similarly, if an individual misleads a municipal official by concealing relevant information to get an unfair advantage, they could also face criminal charges. Violation of Section 123(2) of the Criminal Code of Canada can result in a jail term of up to five years, depending on the severity of the offense. It is important to note that mere attempts to influence the municipal officials, irrespective of whether the influence is successful or not, can lead to charges under this provision. In conclusion, Section 123(2) of the Criminal Code of Canada plays a vital role in safeguarding the integrity of the municipal system. It acts as a deterrent against corrupt practices by emphasizing the seriousness of attempts to unduly influence municipal officials.
COMMENTARY
Section 123(2) of the Criminal Code of Canada is a provision that criminalizes the act of influencing or attempting to influence a municipal official to do anything mentioned in paragraphs (1)(a) to (d) through various means such as the suppression of the truth, threats or deceit, or any unlawful means. The provision aims to safeguard the integrity of the municipal administration system by prohibiting any undue influence or corruption that could affect its functioning. The provision defines the offense in broad terms, making it applicable to different types of conduct aimed at influencing municipal officials. The four purposes mentioned in paragraphs (1)(a) to (d) cover a wide range of activities, including the granting of contracts, licenses or permits, the provision of financial assistance, or the passing of bylaws or resolutions. Any action aimed at securing these outcomes by using the prohibited means set out in subsection 123(2) is punishable by up to five years in prison. One of the primary modes of influence prohibited by the provision is the suppression of the truth. This refers to the act of concealing information from a municipal official that they are under a duty to know. For instance, if someone provides false or incomplete information to a municipal official to benefit themselves, they can be found to have suppressed the truth. This provision is particularly relevant in cases where there is a legal obligation to disclose information. The act of suppressing the truth can be seen as a form of dishonesty that undermines the trust placed in public officials to make fair and informed decisions. Threats or deceit are also prohibited under the provision. This refers to intimidation or coercion aimed at influencing a municipal official to do something they would not otherwise do. For example, a developer who threatens to sue a municipal official unless they grant him a permit can be found guilty of this offense. Likewise, if someone deceives a municipal official by providing false information in order to secure a permit or contract, they will be in violation of subsection 123(2). The provision also prohibits any unlawful means of influencing a municipal official. This covers conduct that is not specifically listed in the provision but which has the same effect of influencing a municipal official in an unauthorized manner. The broad nature of this clause makes it applicable to a wide range of conduct that is not specifically listed in the provision but that is aimed at unduly influencing municipal officials. Section 123(2) plays an important role in preventing corruption and maintaining the integrity of the municipal administration system. The provision sends a clear message that any attempt to influence municipal officials using dishonest or coercive means will not be tolerated. It also helps to maintain the public's trust in the integrity of the democratic process by ensuring that officials are not swayed by improper influence when making important decisions. In conclusion, section 123(2) is an essential element of the Criminal Code of Canada as it provides a legal framework to ensure that municipal officials carry out their duties with integrity, caution, and transparency. It is a significant tool in the fight against corruption and helps to maintain public confidence in the administration of government. The provision's broad application means that it is effective in addressing various scenarios where improper influence is suspected, and its potential punishment is a deterrent to would-be offenders.
STRATEGY
One of the main strategic considerations when dealing with Section 123(2) of the Criminal Code of Canada is to ensure that any interactions or communications with municipal officials are transparent, ethical, and lawful. This means that individuals, organizations, or entities should avoid any conduct that may be perceived as attempting to influence or pressure municipal officials to take certain actions or make specific decisions, including through suppression of the truth, threats, or deceit. In particular, individuals and organizations may want to avoid relying on unlawful means to influence municipal officials, which can include activities such as bribery, extortion, or coercion. These types of activities can result in serious criminal charges and can undermine the integrity of the public decision-making process. Another key strategic consideration when dealing with this section of the Criminal Code is to proactively engage with municipal officials in a transparent and collaborative manner. This can involve building relationships with key stakeholders, such as city councillors, mayors, or other officials, and working to understand their priorities and perspectives on issues of mutual interest. At the same time, it is important to ensure that any interactions with municipal officials are consistent with applicable laws, including conflict of interest rules and regulations governing lobbying and political activities. This can require careful attention to detail and a thorough understanding of legal requirements, as well as ongoing monitoring and reporting of any communications or interactions with municipal officials. Overall, some of the key strategies that can be employed when dealing with Section 123(2) of the Criminal Code include: - Maintaining transparency and ethical conduct when interacting with municipal officials - Avoiding any conduct that may be perceived as attempting to influence or pressure municipal officials to take specific actions or make certain decisions - Building relationships with key stakeholders in a collaborative and constructive manner - Complying with all applicable laws and regulations governing interactions with municipal officials, including conflict of interest rules and lobbying regulations - Monitoring and reporting any communications or interactions with municipal officials, including any gifts, payments, or other benefits provided to officials or their families. By following these and other best practices when dealing with Section 123(2) of the Criminal Code, individuals and organizations can help to ensure that they are acting in a legal, ethical, and responsible manner when interacting with municipal officials. This can help to build trust and credibility with stakeholders, enhance public transparency and accountability, and ultimately lead to more effective and sustainable outcomes for all parties involved.