INTRODUCTION AND BRIEF DESCRIPTION
This section of the Criminal Code of Canada prohibits neglecting duties related to burial of human remains or improperly interfering with them, and carries a maximum penalty of five years in prison.
SECTION WORDING
182 Every one who (a) neglects, without lawful excuse, to perform any duty that is imposed on him by law or that he undertakes with reference to the burial of a dead human body or human remains, or (b) improperly or indecently interferes with or offers any indignity to a dead human body or human remains, whether buried or not, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
EXPLANATION
Section 182 of the Criminal Code of Canada addresses offenses related to the burial and treatment of dead human bodies or remains. This section states that anyone who fails to carry out their legal duty or any undertakings related to the burial of a dead human body or remains, without a lawful excuse, may be charged and punished. The neglect of any responsibilities related to the burial of a dead human body or remains is considered an indictable offense. Additionally, anyone who indecently interferes with or shows any form of indignity to a dead human body or remains, regardless of whether they have been buried or not, is also considered guilty of an indictable offense. The punishment for these offenses can be imprisonment for up to five years. This section of the Criminal Code of Canada emphasizes the importance of respecting the dignity of every human being, even in death. It recognizes that the burial of a dead human body is a solemn and respectful occasion and protects against the indecent and disrespectful treatment of the deceased. By outlining these offenses and attaching severe penalties to them, this section aims to promote responsible and lawful behavior towards the dead and their remains, ensuring they are treated with the dignity and respect they deserve.
COMMENTARY
Section 182 of the Criminal Code of Canada criminalizes the neglect of duties related to the burial of a dead human body or human remains, as well as any improper or indecent interference with or indignity offered to the deceased, whether buried or not. The section aims to protect the deceased and their families from the mistreatment of their remains and to promote respect for the deceased and the cultural and religious practices surrounding their final disposition. The neglect of duties related to the burial of the dead involves the failure to perform duties imposed by law or undertaken by an individual with reference to the burial or disposal of a dead human body or human remains. These duties may include the prompt and respectful burial or cremation of the deceased, the provision of requisite permits and documentation for the burial or cremation, the compliance with regulations governing the handling and transportation of the remains, and the observance of religious or cultural practices. There may be lawful excuses for failing to perform these duties, such as the lack of means to provide a proper burial or the inability to obtain the necessary permits due to extenuating circumstances. However, the section emphasizes that neglecting these duties without a lawful excuse will result in criminal liability and imprisonment. The improper or indecent interference with or indignity offered to a dead human body or human remains, on the other hand, involves acts that are performed with the intent to disrespect, abuse, or harm the deceased or their remains. These may include the vandalization of gravesites or crypts, the theft of body parts for illicit purposes, or the mutilation or desecration of corpses. Such acts not only violate the dignity and memory of the deceased but also inflict psychological harm on their loved ones. The section recognizes the seriousness of such acts and subjects the perpetrator to a maximum imprisonment term of five years, making it clear that such behavior will not be tolerated by society. Moreover, the section also recognizes that the treatment of the deceased and their remains is often determined by cultural and religious beliefs and practices and that these must be respected. The Criminal Code recognizes that interference with these practices can cause serious harm to communities and is a violation of the fundamental freedoms protected in the Canadian Charter of Rights and Freedoms. In conclusion, Section 182 of the Criminal Code of Canada recognizes the importance of respecting the dead and their remains, and it criminalizes actions that constitute neglect of duties related to burial and improper or indecent interference with or indignity offered to the deceased. The section aims to promote a culture of respect, dignity, and compassion in death and grieving, and it serves as a reminder to individuals that the mistreatment of the dead and their remains is a serious offense that carries significant consequences.
STRATEGY
Section 182 of the Criminal Code of Canada deals with the improper handling of human remains. This is a serious offence, and the consequences can be severe. Therefore, anyone who is dealing with this section of the Criminal Code, whether as a lawyer, investigator, or other professional, must consider several strategic considerations. Firstly, it is essential to understand the legal definition of key terms like "neglects," "improperly," and "indecently interferes with." It is also crucial to have a basic understanding of the different types of human remains that could fall under this section of the Code, including those that are buried, cremated, or in any other way disposed of. Without a clear understanding of these terms and distinctions, one might inadvertently misinterpret or misclassify behaviour as criminal. Secondly, it is important to recognize that different legal, cultural, and religious traditions may have different expectations for the handling of human remains. These considerations must be taken into account when interpreting behaviours under Section 182 and assessing whether they constitute a criminal offence. Failure to do so could result in a miscarriage of justice and damage the reputation of the professionals involved. Thirdly, it may be useful to consider the social and emotional context of the situation surrounding the handling of human remains. The deceased may have family members who are grieving and struggling to come to terms with their loss. The professionals involved must approach this situation with sensitivity, empathy, and respect to ensure that all parties involved are treated with dignity and compassion. Fourthly, it is important for professionals to have a deep understanding of the legal penalties associated with a violation of Section 182. The maximum term of imprisonment for this offense is five years, which is a severe punishment. Professionals must take this into account when considering potential remedies, such as restitution, community service, or probation. Finally, it may be useful to consider alternative dispute resolution methods as a strategy when dealing with violations of Section 182. This could involve mediation or other forms of negotiation between the parties involved, which could help to defuse the situation and find a mutually agreeable solution. In conclusion, Section 182 of the Criminal Code of Canada is a crucial provision dealing with the respectful and dignified handling of human remains. To deal effectively with this provision, professionals must consider the legal definitions, cultural traditions, context, and the emotional impact on both the deceased's family and the accused. By approaching the situation with sensitivity, empathy and respect, and by adopting alternative dispute resolution methods where appropriate, professionals can achieve a fair and just outcome.