Criminal Code of Canada - section 127(2) - Attorney General of Canada may act

section 127(2)

INTRODUCTION AND BRIEF DESCRIPTION

Proceedings can be instituted for a contravention of an order made by the Government of Canada in the same manner as the original proceedings.

SECTION WORDING

127(2) Where the order referred to in subsection (1) was made in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, any proceedings in respect of a contravention of or conspiracy to contravene that order may be instituted and conducted in like manner.

EXPLANATION

Section 127(2) of the Criminal Code of Canada deals with the proceedings that may be conducted if an order is contravened or there is a conspiracy to contravene the order. This section states that if the order was made in proceedings initiated by the Government of Canada and conducted by or on behalf of the government, any proceedings in respect of the violation or a conspiracy to breach the order can be initiated and conducted using the same method. Essentially, this means that if the government initiates proceedings against an individual or an organization and obtains an order to cease certain activities or behaviours, and that order is subsequently violated or a conspiracy to violate the order is discovered, then the government can use the same proceedings to institute and conduct legal proceedings against the violator. This section is important because it ensures that the government has the necessary tools and legal mechanisms to enforce its orders and protect the interests of the general public. This can be especially important in cases where the violation of the order can have serious consequences for public safety or can cause significant harm to the environment or the economy. In summary, Section 127(2) of the Criminal Code of Canada allows the government to take legal action against those who violate or conspire to violate its orders, ensuring that the government has the necessary tools and legal mechanisms to enforce its orders and protect the public interest.

COMMENTARY

Section 127(2) of the Criminal Code of Canada is a provision that empowers the Government of Canada to initiate and conduct legal proceedings against those who violate a court order made in a proceeding brought by the government. The provision allows the government to enforce its orders with greater efficiency and effectiveness. The provision is a product of the recognition that some individuals and organizations may not comply with orders made against them by the government. Failure to comply with these orders may lead to the recurrence of illegal activities or the continuation of harm to public interest caused by the activities. The provision is particularly useful in dealing with those who have a history of disobeying court orders. For instance, if the government obtained an order restraining an individual from engaging in illegal activities, and the individual continues to carry out the acts, the government may seek to have the individual charged and prosecuted under the provision. This provision also serves as a deterrent to those who may contemplate contravening Government orders. Knowing that the government can institute legal proceedings against them may discourage some people from engaging in non-compliant behaviour, thereby reducing the impact of such conduct on public interest. Moreover, the provision also strengthens the capacity of the government to supervise and regulate activities that are a threat to public interest. It is not uncommon for some individuals and organizations to engage in activities that are harmful to the environment, human health, and safety. In such cases, the government may obtain a court order to restrain the activities and ensure compliance. The provision also allows the government to seek redress for any harm caused by the non-compliance of court orders. For instance, suppose an individual or organization breached a court order that restricted a harmful activity, resulting in damage to the environment or health. In that case, the government can take legal action under this provision to hold them liable for the damage and ensure that they compensate the affected parties. However, critics of this provision argue that it may be used to suppress the rights of individuals and organizations and limit their freedom of expression and assembly. They argue that the government may seek court orders that go beyond the scope of what is necessary to protect public interest and use this provision to prosecute those who dissent or disagree with government policies. In conclusion, Section 127(2) of the Criminal Code of Canada serves as an essential tool in enforcing court orders and protecting public interest. It allows the government to take legal action against those who violate its orders and serves as a deterrent to those who may contemplate non-compliance. However, there is a need for vigilance and oversight to ensure that the provision is not abused and that it does not infringe on the fundamental rights of individuals and organizations.

STRATEGY

Section 127(2) of the Criminal Code of Canada empowers the government to enforce an order made against an individual or entity in proceedings initiated by or on behalf of the government. The provision allows for the government to initiate proceedings in a similar manner for contraventions of the order or conspiracies to contravene the order. In this essay, we will explore some strategic considerations when dealing with this section of the Criminal Code of Canada and strategies that could be employed. Firstly, it is crucial to understand the scope and limitations of Section 127(2). The section only applies to orders initiated by the government, and the proceedings must be conducted by or on behalf of the government. Therefore, if an individual or entity is facing charges for contravening an order initiated by a private citizen or entity, Section 127(2) will not apply. Additionally, the section applies only to contraventions of the order or conspiracies to contravene the order and not for other offences. Therefore, care should be taken to ensure that any proceedings initiated under Section 127(2) are directly related to the order's contravention. Secondly, the decision to initiate proceedings under Section 127(2) should be carefully considered. The section grants wide powers to the government to initiate and conduct proceedings, but it can also be politically sensitive. Therefore, it is imperative to evaluate the potential risks and benefits of initiating proceedings. For instance, initiating proceedings that are perceived as politically motivated could harm the government's reputation and cause public opinion to turn against it. One strategy that could be employed is to initiate proceedings only when there is a clear and compelling reason to do so. The government could also consider the timing of proceedings, particularly if they are sensitive or high-profile cases. Initiating proceedings during an election cycle, for instance, could be perceived as an attempt to gain political advantage. Therefore, it may be more prudent to initiate proceedings at a less sensitive time, such as following an election. Thirdly, the government should adopt a well-coordinated and comprehensive approach to ensure successful prosecutions. This would involve collaborating with the relevant law enforcement and regulatory agencies to gather evidence and intelligence on contraventions of the order. Additionally, the government could also consider collaborating with the private sector, including businesses and individuals affected by the order's contraventions. Such collaboration could provide valuable insights and information to facilitate successful prosecutions. In conclusion, Section 127(2) of the Criminal Code of Canada grants the government wide powers to enforce orders initiated by or on behalf of the government. However, it is crucial to consider the scope and limitations of the section when deciding to initiate or conduct proceedings. Strategic considerations such as timing, risks, and benefits, as well as a comprehensive approach, are critical to ensure successful prosecutions. By employing such strategies, the government can uphold the rule of law and maintain public confidence in the justice system.