section 206(3.1)

INTRODUCTION AND BRIEF DESCRIPTION

This section defines fair or exhibition as an event related to agriculture or fishing products or activities.

SECTION WORDING

206(3.1) For the purposes of this section, "fair or exhibition" means an event where agricultural or fishing products are presented or where activities relating to agriculture or fishing take place.

EXPLANATION

Section 206(3.1) of the Criminal Code of Canada is a provision that defines the term fair or exhibition" in the context of criminal law. This section is relevant to Section 206 of the Criminal Code, which deals with offences related to gambling and betting. According to Section 206(1) of the Criminal Code, it is an offence to keep a common betting house or to be found in one. Additionally, Section 206(2) makes it an offence for a person to be found in a public place or on a ship or vessel for the purpose of engaging in professional gambling. However, Section 206(3) provides exceptions to the offences outlined in Sections 206(1) and 206(2). One such exception is if the betting or gambling takes place at a fair or exhibition. Section 206(3.1) clarifies the meaning of the terms fair or exhibition" as it pertains to this exception. It defines a fair or exhibition as an event where agricultural or fishing products are presented, or where activities related to agriculture or fishing take place. Essentially, this provision recognizes that certain activities, such as betting on horse races or card games, may be inherent parts of agricultural fairs or exhibitions. By providing this exception, the Criminal Code seeks to strike a balance between deterring illegal gambling activities while recognizing the cultural and economic significance of fairs and exhibitions. In summary, Section 206(3.1) of the Criminal Code of Canada is a provision that defines the specific meaning of the term fair or exhibition" within the context of criminal offences related to gambling and betting. This section aims to balance the aims of criminal law to deter illegal gambling while acknowledging the cultural and economic significance of fairs and exhibitions.

COMMENTARY

Section 206(3.1) of the Criminal Code of Canada helps to define what constitutes a fair or exhibition" for the purposes of section 206, which deals with offences related to cruelty to animals. This provision is important because it helps to ensure that events involving agriculture or fishing products, or activities related to these industries, are subject to the same legal standards of animal welfare as other circumstances in which animals may be used or cared for. In essence, section 206 of the Criminal Code makes it an offence to cause unnecessary suffering to an animal or to fail to provide it with adequate care. The relevant provision reads as follows: (1) Every one commits an offence who wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or a bird. (2) Every one commits an offence who, being the owner, wilfully neglects to provide suitable and adequate food, water, shelter and care for an animal or a bird in his charge or custody. (3) A person commits an offence who: (a) promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive birds are liberated by hand, trap, contrivance or any other means for the purpose of being shot when they are liberated; or (b) being the owner, occupier or person in charge of any premises, causes or permits the premises to be used for a purpose mentioned in paragraph (a). As can be seen, subsection 3 deals specifically with events or activities that involve the liberation of birds for the purpose of being shot. This subsection is designed to prevent canned hunts" or other forms of bird-shooting events that are considered cruel or inhumane. However, section 206(3) also applies more broadly to any event or exhibition where animals are present or involved, including those related to agriculture or fishing products. This is where section 206(3.1) becomes relevant. By defining a fair or exhibition" as an event where agricultural or fishing products are presented or where activities relating to agriculture or fishing take place, the provision ensures that these events are subject to the same animal welfare standards as any other gathering or activity where animals are used or on display. In practical terms, this means that organizers of agricultural fairs, livestock shows, fishing competitions, and other events where animals are present or involved must take steps to ensure that the animals are cared for properly and are not subjected to unnecessary suffering or harm. This includes providing adequate food, water, shelter, and medical care, as well as taking steps to prevent overcrowding, rough handling, or any other mistreatment. Overall, section 206(3.1) helps to ensure that animal welfare standards are consistent and apply equally to all contexts involving the use or display of animals, including those related to agriculture and fishing. By setting clear guidelines for what constitutes a fair or exhibition," the provision serves an important role in preventing animal cruelty and promoting responsible animal management.

STRATEGY

Section 206(3.1) of the Criminal Code of Canada pertains to the use of firearms during fairs or exhibitions involving agricultural or fishing products or activities. It states that anyone who carries, handles, or stores firearms at such an event without lawful authority or reasonable excuse commits an offense punishable by imprisonment for up to 2 years. As such, it is essential to consider various strategic factors when dealing with this section to avoid legal consequences and ensure safety. Firstly, organizers of fairs or exhibitions should be aware of this section and develop policies and procedures that prohibit the presence of firearms at the event unless authorized by law. This could involve communication with security personnel, local police, and relevant stakeholders who may have a legal interest in the event. Additionally, organizers should ensure that attendees are informed of the policy through signage, announcements, and other means, and are screened at entry points to detect the presence of firearms or other weapons. Secondly, exhibitors and participants at the event should be educated about the relevant laws and regulations regarding firearms and safety at fairs or exhibitions. This could involve disseminating information through brochures, manuals, training sessions, or other means that are easily accessible to everyone. Such measures could help to minimize the risks of accidents, misuse of firearms, or criminal activities that could jeopardize the safety of the public or participants. Thirdly, law enforcement agencies should be consulted and involved in the planning and implementation of security measures at the event. This could entail working together with organizers to assess the potential risks and vulnerabilities of the event, deploying adequate personnel and resources to ensure public safety, and responding promptly to any incidents or breaches of the law. By doing so, law enforcement agencies can help to deter illegal activities and provide a sense of assurance to all stakeholders involved. Lastly, it is important to be aware of the cultural and social context of the event and the potential impact of firearms on the public. This could mean considering the sensitivity and reactions of attendees to the presence of firearms, whether real or simulated, and ensuring that the event does not inadvertently promote or glorify violence, aggression, or negative behavior related to firearms. By being mindful of the broader social implications of firearms at the event, organizers can foster a safe and respectful environment that promotes positive engagement and awareness of agricultural and fishing activities. In conclusion, dealing with Section 206(3.1) of the Criminal Code of Canada requires strategic considerations that prioritize public safety, legal compliance, and cultural awareness. Some strategies that could be employed include developing policies and procedures, educating participants, involving law enforcement agencies, and being mindful of the broader context of the event. By doing so, organizers can ensure that fairs and exhibitions involving agricultural and fishing activities are enjoyable, informative, and safe for everyone involved.