INTRODUCTION AND BRIEF DESCRIPTION
Section 183(a) of the Criminal Code of Canada lists various criminal offenses that constitute an offense, including high treason, terrorism, kidnapping, sexual assault, theft, forgery, and more.
SECTION WORDING
offence means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to (a) any of the following provisions of this Act, namely, (i) section 47 (high treason), (ii) section 51 (intimidating Parliament or a legislature), (iii) section 52 (sabotage), (iii.1) section 56.1 (identity documents), (iv) section 57 (forgery, etc.), (v) section 61 (sedition), (vi) section 76 (hijacking), (vii) section 77 (endangering safety of aircraft or airport), (viii) section 78 (offensive weapons, etc., on aircraft), (ix) section 78.1 (offences against maritime navigation or fixed platforms), (x) section 80 (breach of duty), (xi) section 81 (using explosives), (xii) section 82 (possessing explosives), (xii.01) section 82.3 (possession, etc., of nuclear material, radioactive material or device), (xii.02) section 82.4 (use or alteration of nuclear material, radioactive material or device), (xii.03) section 82.5 (commission of indictable offence to obtain nuclear material, etc.), (xii.04) section 82.6 (threats), (xii.1) section 83.02 (providing or collecting property for certain activities), (xii.2) section 83.03 (providing, making available, etc., property or services for terrorist purposes), (xii.3) section 83.04 (using or possessing property for terrorist purposes), (xii.4) section 83.18 (participation in activity of terrorist group), (xii.41) section 83.181 (leaving Canada to participate in activity of terrorist group), (xii.5) section 83.19 (facilitating terrorist activity), (xii.51) section 83.191 (leaving Canada to facilitate terrorist activity), (xii.6) section 83.2 (commission of offence for terrorist group), (xii.61) section 83.201 (leaving Canada to commit offence for terrorist group), (xii.62) section 83.202 (leaving Canada to commit offence that is terrorist activity), (xii.7) section 83.21 (instructing to carry out activity for terrorist group), (xii.8) section 83.22 (instructing to carry out terrorist activity), (xii.81) section 83.221 (counselling commission of terrorism offence), (xii.9) section 83.23 (harbouring or concealing), (xii.91) section 83.231 (hoax — terrorist activity), (xiii) section 96 (possession of weapon obtained by commission of offence), (xiii.1) section 98 (breaking and entering to steal firearm), (xiii.2) section 98.1 (robbery to steal firearm), (xiv) section 99 (weapons trafficking), (xv) section 100 (possession for purpose of weapons trafficking), (xvi) section 102 (making automatic firearm), (xvii) section 103 (importing or exporting knowing it is unauthorized), (xviii) section 104 (unauthorized importing or exporting), (xix) section 119 (bribery, etc.), (xx) section 120 (bribery, etc.), (xxi) section 121 (fraud on government), (xxii) section 122 (breach of trust), (xxiii) section 123 (municipal corruption), (xxiv) section 132 (perjury), (xxv) section 139 (obstructing justice), (xxvi) section 144 (prison breach), (xxvii) subsection 145(1) (escape, etc.), (xxvii.1) section 162 (voyeurism), (xxvii.2) section 162.1 (intimate image), (xxviii) subsection 163(1) (obscene materials), (xxix) section 163.1 (child pornography), (xxix.1) section 170 (parent or guardian procuring sexual activity), (xxix.2) section 171 (householder permitting sexual activity), (xxix.3) section 171.1 (making sexually explicit material available to child), (xxix.4) section 172.1 (luring a child), (xxix.5) section 172.2 (agreement or arrangement — sexual offence against child), (xxx) section 184 (unlawful interception), (xxxi) section 191 (possession of intercepting device), (xxxii) subsection 201(1) (keeping gaming or betting house), (xxxiii) paragraph 202(1)(e) (pool-selling, etc.), (xxxiv) [Repealed, 2019, c. 25, s. 63.1] (xxxv) to (xxxviii) [Repealed, 2014, c. 25, s. 11] (xxxix) section 235 (murder), (xxxix.1) section 244 (discharging firearm with intent), (xxxix.2) section 244.2 (discharging firearm — recklessness), (xl) section 264.1 (uttering threats), (xli) section 267 (assault with a weapon or causing bodily harm), (xlii) section 268 (aggravated assault), (xliii) section 269 (unlawfully causing bodily harm), (xliii.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm), (xliii.2) section 270.02 (aggravated assault of peace officer), (xliv) section 271 (sexual assault), (xlv) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), (xlvi) section 273 (aggravated sexual assault), (xlvi.1) section 273.3 (removal of child from Canada), (xlvii) section 279 (kidnapping), (xlvii.1) section 279.01 (trafficking in persons), (xlvii.11) section 279.011 (trafficking of a person under the age of eighteen years), (xlvii.2) section 279.02 (material benefit), (xlvii.3) section 279.03 (withholding or destroying documents), (xlviii) section 279.1 (hostage taking), (xlix) section 280 (abduction of person under sixteen), (l) section 281 (abduction of person under fourteen), (li) section 282 (abduction in contravention of custody order or parenting order), (lii) section 283 (abduction), (lii.1) 286.1 (obtaining sexual services for consideration), (lii.2) 286.2 (material benefit from sexual services), (lii.3) 286.3 (procuring), (lii.4) 286.4 (advertising sexual services), (liii) section 318 (advocating genocide), (liii.1) section 320.102 (conversion therapy), (liv) section 327 (possession of device to obtain telecommunication facility or service), (liv.1) section 333.1 (motor vehicle theft), (lv) section 334 (theft), (lvi) section 342 (theft, forgery, etc., of credit card), (lvi.1) section 342.01 (instruments for copying credit card data or forging or falsifying credit cards), (lvii) section 342.1 (unauthorized use of computer), (lviii) section 342.2 (possession of device to obtain unauthorized use of computer system or to commit mischief), (lix) section 344 (robbery), (lx) section 346 (extortion), (lxi) section 347 (criminal interest rate), (lxii) section 348 (breaking and entering), (lxii.1) section 353.1 (tampering with vehicle identification number), (lxiii) section 354 (possession of property obtained by crime), (lxiii.1) section 355.2 (trafficking in property obtained by crime), (lxiii.2) section 355.4 (possession of property obtained by crime — trafficking), (lxiv) section 356 (theft from mail), (lxv) section 367 (forgery), (lxvi) section 368 (use, trafficking or possession of forged document), (lxvi.1) section 368.1 (forgery instruments), (lxvii) section 372 (false information), (lxviii) section 380 (fraud), (lxix) section 381 (using mails to defraud), (lxx) section 382 (fraudulent manipulation of stock exchange transactions), (lxx.01) section 391 (trade secret), (lxx.1) subsection 402.2(1) (identity theft), (lxx.2) subsection 402.2(2) (trafficking in identity information), (lxx.3) section 403 (identity fraud), (lxxi) section 423.1 (intimidation of justice system participant or journalist), (lxxi.1) section 423.2 (intimidation — health services), (lxxii) section 424 (threat to commit offences against internationally protected person), (lxxii.1) section 424.1 (threat against United Nations or associated personnel), (lxxiii) section 426 (secret commissions), (lxxiv) section 430 (mischief), (lxxv) section 431 (attack on premises, residence or transport of internationally protected person), (lxxv.1) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel), (lxxv.2) subsection 431.2(2) (explosive or other lethal device), (lxxvi) section 433 (arson), (lxxvii) section 434 (arson), (lxxviii) section 434.1 (arson), (lxxix) section 435 (arson for fraudulent purpose), (lxxx) section 449 (making counterfeit money), (lxxxi) section 450 (possession, etc., of counterfeit money), (lxxxii) section 452 (uttering, etc., counterfeit money), (lxxxiii) section 462.31 (laundering proceeds of crime), (lxxxiv) subsection 462.33(11) (acting in contravention of restraint order), (lxxxv) section 467.11 (participation in criminal organization), (lxxxv.1) section 467.111 (recruitment of members — criminal organization), (lxxxvi) section 467.12 (commission of offence for criminal organization), or (lxxxvii) section 467.13 (instructing commission of offence for criminal organization),
EXPLANATION
Section 183(a) of the Criminal Code of Canada defines an "offence" as any conspiracy, attempt, accessory after the fact or counselling in relation to a wide range of criminal offences outlined in the Act. These offences include treason, sabotage, forgery, hijacking, terrorism, sexual assault, kidnapping, robbery, extortion, fraud, and money laundering, among others. Essentially, anyone who participates in planning, attempting, facilitating, or encouraging these criminal activities, or who assists those who have committed these offences after the fact, can be charged with an "offence" under this section. This provision allows law enforcement officials to target not only those who commit the actual crimes but also those who aid them, so as to cut off the supply chain of criminal activity. It also serves as a warning to individuals who may be considering or participating in criminal activities, making it clear that they can be held accountable for their involvement in any capacity. The severity of the penalties for a conviction under this section depends on the specific offence and level of involvement in it.
COMMENTARY
Section 183(a) of the Criminal Code of Canada outlines the various provisions of the Act that can constitute an offence and covers a wide range of criminal activity, including treason, terrorism, sexual assault, theft, fraud, and more. The provision specifies the forms in which an offence can be committed, such as being an accessory after the fact, attempting or conspiring to commit an offence, or counselling someone to commit a crime. This broad section of the Criminal Code reflects the various forms of criminal activity that exist in Canadian society. It provides clear guidance to law enforcement officials and the judiciary on the types of behaviour that constitute criminal activity and the applicable charges that can be laid against individuals. This guidance is essential in ensuring that the justice system operates fairly and in keeping with the rule of law. The offences covered by Section 183(a) are significant and can have far-reaching consequences for both victims and society at large. For example, terrorism-related offences have been a growing concern globally in recent years, and the inclusion of various terrorist-related crimes in this section reflects Canada's commitment to combatting this threat to national security. Similarly, sexual offences are a pervasive problem in society, and this section provides a robust framework for dealing with these crimes and protecting vulnerable individuals. One notable aspect of this section is that it is subject to constant review and revision. As societal norms and behaviours change, offences that were previously not included in the Act may become criminalized, and new types of criminal activity may emerge. Therefore, regular updates and revisions to the Criminal Code are essential to ensure that the justice system remains relevant and effective in dealing with criminal activity. Overall, Section 183(a) of the Criminal Code of Canada is a crucial provision that reflects the diverse range of criminal behaviour that can occur. It provides clear direction on the types of activity that are illegal, and the consequences for those who engage in criminal activity. By doing so, it helps to maintain the integrity of the justice system and safeguard the safety and well-being of Canadian citizens.
STRATEGY
Section 183(a) of the Criminal Code of Canada lists a wide range of offences that fall under its purview, from high treason to theft and fraud. When dealing with this section of the code, strategic considerations are necessary to navigate the complex legal landscape and potentially avoid charges. One strategy is to avoid engaging in any behaviour that could be considered an offence under this section. This requires a thorough understanding of the offences listed, which may involve seeking legal advice and staying up-to-date with changes to the Criminal Code. Additionally, individuals and organizations may want to develop policies and procedures to ensure compliance with the law and avoid inadvertently committing an offence. Another strategy is to implement measures to detect and prevent criminal activity, such as conducting background checks on employees and monitoring financial transactions. This can help identify potential risks and mitigate them before they lead to criminal charges. In addition, organizations may want to establish partnerships with law enforcement agencies to facilitate information-sharing and collaboration in the event of criminal activity. This can help authorities respond quickly and effectively to any perceived threats, potentially preventing illegal behaviour before it occurs. Overall, effective strategies for dealing with Section 183(a) of the Criminal Code of Canada involve a proactive approach to preventing criminal activity and complying with the law. It is important to stay informed, develop policies and procedures, and work with law enforcement agencies to mitigate potential risks and respond quickly in the event of criminal activity.