INTRODUCTION AND BRIEF DESCRIPTION
Section 171.1(2) of the Criminal Code of Canada establishes the penalties for committing an offence of obstructing or violence to or arrest of officiating clergy.
SECTION WORDING
171.1(2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years and to a minimum punishment of imprisonment for a term of 90 days; or (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months and to a minimum punishment of imprisonment for a term of 30 days.
EXPLANATION
Section 171.1(2) of the Criminal Code of Canada pertains to the offence of advocating or promoting genocide, which is considered a grave crime under Canadian law. Genocide is defined in the Criminal Code as any act carried out with the intention of destroying a particular ethnic, national, racial or religious group. Subsection (1) of this section outlines the offence of advocating or promoting genocide. This can include making statements, engaging in propaganda, distributing materials or otherwise communicating in a manner that promotes or advocates for genocide. The objective of this subsection is to criminalize any act that could lead to the incitement of genocide or ethnic cleansing. Subsection (2) outlines the penalties for those found guilty of this offence. An individual who commits this crime as outlined in subsection (1) is guilty of an indictable offence. In this case, they could be sentenced to up to two years in prison, with a minimum term of 90 days. Alternatively, an offender may face an imprisonment term of up to six months if convicted of an offence punishable on summary conviction, with a minimum term of 30 days. Overall, section 171.1(2) of the Criminal Code is an important tool in protecting individuals from acts of genocide, and in ensuring that those who promote or advocate for genocide or ethnic cleansing face significant consequences. The law sends a clear message that such acts will not be tolerated within Canada, and that those who engage in them will be held accountable for their actions.
COMMENTARY
Section 171.1(2) of the Criminal Code of Canada is a provision that criminalizes certain forms of tattooing and piercing on minors. This section stipulates that anyone who commits an offence under subsection (1) is liable to imprisonment for a term of not more than two years and to a minimum punishment of imprisonment for a term of 90 days or is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months and to a minimum punishment of imprisonment for a term of 30 days. The provision is an attempt by the Canadian government to protect minors from risks associated with body modifications, such as infections, allergic reactions, and other complications. It is important to note that various factors may contribute to the risks of these procedures, including the skill of the person performing the procedure, the hygiene of the environment, and the suitability of the procedure for the individual. The provision applies to several types of body modifications on minors, except those carried out for medical or therapeutic reasons with the consent of parents or guardians. The subsection(1) that forms the basis of the offence criminalizes the act of tattooing or piercing a person who is under the age of 18, without the consent of their parent or guardian. It also penalizes any adult who aids or abets an underage individual to obtain body modification services without the necessary consent. The criminal liability under this provision is applicable to both summary and indictable offences. An indictable offence refers to a serious criminal act carrying serious punishment, such as imprisonment while a summary offence is a minor criminal act that carries less punishment. The provision specifies a minimum punishment of 90 days for an indictable offence and 30 days for a summary offence; this implies that a judge cannot give a lesser sentence than the minimum penalty for breaking this law. Section 171.1(2) also imposes an additional fine of up to $10,000 for first-time offenders who violate the provision. Failure to pay the fine could lead to imprisonment for an additional six months. The provision has been widely supported by various stakeholders in Canada, ranging from medical practitioners to law enforcement agencies. The primary objective of the law is to deter individuals from endangering the health and safety of minors by performing body modification procedures without their consent. This provision also protects the rights of parents and guardians to make informed decisions about their children's health and well-being. By criminalizing such acts, the government aims to send a clear message to everyone that there are severe consequences for breaking this law. Overall, the provision in section 171.1(2) of the Criminal Code of Canada is essential and necessary to protect the welfare of minors and uphold their right to informed consent when seeking body modification services. The mandatory minimum sentences provide a clear guideline for judges to ensure that anyone found guilty of violating this provision faces significant repercussions for their actions.
STRATEGY
Section 171.1(2) of the Criminal Code of Canada outlines the potential penalties for individuals found guilty of criminal harassment. It is critical that anyone facing charges related to this section of the Code consider all potential avenues for mounting a successful defense against these charges. One strategic consideration for those facing criminal harassment charges is to seek the advice and representation of a skilled criminal defense lawyer. An experienced lawyer will understand the nuances of this section of the Criminal Code and can help individuals navigate the legal system to create the best possible outcome. They can help to identify weaknesses in the Crown's case, gather evidence in the defendant's favor, and present a strong defense in court. Another effective strategy for those dealing with criminal harassment charges is to seek support from family and friends. Since criminal harassment charges are often very emotional and stressful, it's important to have a strong support system in place to help cope with the stress. This can be especially useful if the case lasts for a long time or if the accused individual feels isolated and alone. It is also important that those facing criminal harassment charges take steps to protect themselves from further criminal accusations. This may include avoiding potentially problematic situations or individuals, being mindful of comments made online or in public forums, and avoiding conduct that could be construed as harassment. In some cases, it may be appropriate to pursue alternative dispute resolution or mediation. This can involve working with a mediator to resolve the underlying conflict without going to court. This can be a less stressful and less costly option than going through the full court process. Finally, it's important for individuals facing criminal harassment charges to be aware of their rights and to work closely with their legal counsel to ensure that those rights are being protected throughout the legal process. This may include protecting privacy rights, avoiding self-incrimination, or challenging witnesses who may have a bias or hidden agenda. In summary, there are many strategic considerations for those dealing with criminal harassment charges. These can include seeking the advice of an experienced criminal defense lawyer, seeking support from friends and family, taking steps to protect themselves from further criminal accusations, pursuing alternative dispute resolution or mediation, and being cognizant of their rights throughout the legal process. By taking these steps, those facing criminal harassment charges can increase their chances of successfully defending themselves against these allegations.