section 172(4)

INTRODUCTION AND BRIEF DESCRIPTION

Consent of the Attorney General is required to commence proceedings regarding child pornography, unless initiated by a recognized society for child protection or a juvenile court officer.

SECTION WORDING

172(4) No proceedings shall be commenced under subsection (1) without the consent of the Attorney General, unless they are instituted by or at the instance of a recognized society for the protection of children or by an officer of a juvenile court.(4) No proceedings shall be commenced under subsection (1) without the consent of the Attorney General, unless they are instituted by or at the instance of a recognized society for the protection of children or by an officer of a juvenile court.

EXPLANATION

Section 172(4) of the Criminal Code of Canada places restrictions on the prosecution of individuals charged with child pornography offenses. This section mandates that no proceedings shall be initiated under subsection (1) without the consent of the Attorney General, except if they are instituted by a recognized society for the protection of children or by an officer of a juvenile court. The rationale behind this provision is to prioritize the protection of children, who are the primary victims of child pornography. As such, the Attorney General, as the highest-ranking legal officer in the province, is tasked with ensuring that any such legal proceedings are conducted in the best interest of the child, rather than solely focusing on penalizing offenders. Additionally, recognized societies for the protection of children and juvenile court officers have a vested interest in child welfare, and are therefore authorized to take legal action to protect minors from the dangers of child pornography. Overall, Section 172(4) of the Criminal Code of Canada serves to highlight the significance attached to these types of cases as well as emphasizing the importance of adhering to the legal and ethical principles of criminal justice and child protection in order to ensure that the best interests of the child are met in cases of child pornography offenses.

COMMENTARY

Section 172(4) of the Criminal Code of Canada is a provision that ensures that legal proceedings for offences related to child pornography, obscene material, or sexual exploitation of children are instituted with appropriate consent and authority. The section outlines the requirement for gaining the consent of the Attorney General before starting any legal proceedings under subsection (1) of the same section. This provision ensures that the legal proceedings are initiated only in cases where sufficient evidence exists, and the offence is severe enough to merit prosecutorial action. The purpose of this provision is to provide protective measures for children who are at risk of sexual exploitation or abuse. The section is particularly relevant in the digital age, wherein the circulation and accessibility of child pornography have increased significantly. The provision ensures that only recognized societies, officers of juvenile courts, and the Attorney General are authorized to initiate legal proceedings. This helps prevent unnecessary legal action and safeguards children from further exploitation. From a legal standpoint, Section 172(4) emphasizes the importance of formal procedures and processes in criminal cases. Consent from the Attorney General is required to ensure that the state is committed to prosecuting offenders of children's sexual exploitation and abuse. This provision highlights the role that public prosecutors play in ensuring justice, order, and safety in society. Additionally, the provision reflects the constitutional right for individuals accused of crimes to have the benefit of a fair trial. It is not the decision of a single individual or agency to institute legal proceedings, but rather, it is the collective decision of recognized societies, officers of juvenile courts, and the Attorney General. Furthermore, the requirement for consent from the Attorney General serves as a check on arbitrary action and abuse of power. Prosecuting an offender of child pornography, obscene materials, or any form of sexual exploitation of children is an important issue that cannot be left to the whims of individuals or agencies. This provision ensures that the charges brought against a defendant have the backing of the law and that the prosecution process goes through the right legal channels. In conclusion, Section 172(4) of the Criminal Code of Canada is a critical provision that safeguards children from sexual exploitation and abuse. The requirement for consent from the Attorney General ensures that legal proceedings are only initiated when there is sufficient evidence of the offence. This provision also emphasizes the legal procedures and processes, constitutional rights, and checks on arbitrary action and abuse of power. The provision aims to create a just, orderly, and safe society for children, and it is a testament to the Canadian Government's commitment to protecting its citizens from harm.

STRATEGY

Section 172(1) of the Criminal Code of Canada criminalizes the act of luring a child through electronic means for sexual purposes. If found guilty, an individual can face imprisonment for up to ten years. However, before any legal proceedings can be initiated, consent from the Attorney General is necessary, unless the case is brought by a recognized society for the protection of children or an officer of a juvenile court. When dealing with this section of the Criminal Code of Canada, some strategic considerations that need to be taken into account include: 1. Timing: Time is of the essence when dealing with cases of child exploitation. The longer the delay in seeking consent from the Attorney General, the greater the chance of the perpetrator escaping or destroying vital evidence. Therefore, it is crucial to act with urgency and take immediate steps to gather evidence and seek Attorney General's consent as soon as possible. 2. Prosecutorial discretion: While the Attorney General can provide consent for legal proceedings, the decision to prosecute is ultimately taken by the Crown prosecutor. Therefore, it is important to ensure that all the evidence is gathered and presented in a clear and concise manner to the prosecutor to make an informed decision. Collaboration with law enforcement agencies can help to ensure that all necessary information is collected for a successful conviction. 3. Balancing privacy concerns: The rights of individuals to privacy must be balanced against the need to protect children. Privacy concerns can arise when the electronic devices or online accounts of suspects are searched to gather evidence. It is important to ensure that all legal procedures are followed when collecting evidence, preserving chain of custody, and handling information to ensure that the evidence is admissible in court. 4. Partnering with recognized societies: Recognized societies for the protection of children play a crucial role in identifying and reporting cases of child exploitation. As frontline responders, they are well placed to identify potential victims and working closely with these organizations can help in the early detection of cases for timely intervention. Some strategies that could be employed when dealing with Section 172(4) of the Criminal Code of Canada include: 1. Training and Capacity Building: Training and capacity building for law enforcement and prosecutors can help ensure that they have the knowledge and skills needed to effectively investigate and prosecute child exploitation cases. This can include training on digital forensics, conducting online investigations, and presenting evidence in court. 2. Public Awareness: Raising public awareness about child exploitation can help encourage individuals to report any suspicions or incidents. This can be done through targeted campaigns, public service announcements, and training programs for parents, teachers, and other adults who interact with children. 3. Collaboration: Collaboration between law enforcement agencies, social service organizations, and other stakeholders can help in identifying and responding to child exploitation cases promptly. This can involve developing protocols and frameworks for joint investigations, sharing intelligence, and coordinating efforts to protect children. In conclusion, dealing with Section 172(4) of the Criminal Code of Canada requires proactive and coordinated efforts to ensure that child exploitation cases are identified and dealt with promptly. By implementing effective strategies for prevention, detection, and prosecution, can help protect children and bring perpetrators to justice.