Criminal Code of Canada - section 21

section 21

INTRODUCTION AND BRIEF DESCRIPTION

The section outlines when a person can be considered a party to an offence, including actively committing it, aiding someone else in committing it, or forming an intention with others to carry out an unlawful purpose.

SECTION WORDING

21. (1) Every one is a party to an offence who (a) actually commits it; (b) does or omits to do anything for the purpose of aiding any person to commit it; or (c) abets any person in committing it. (2) Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to that offence.

EXPLANATION

Section 21 of the Criminal Code of Canada defines the concept of party liability in the commission of a criminal offence. It stipulates that anyone who participates in any capacity in the commission of a crime is liable for it, even if they did not directly commit the offence. There are three distinct ways in which a person can be a party to an offence: by physically carrying out the act (actual commission), by aiding the offender in any way (aiding and abetting), or by encouraging or instigating another person to commit the offence (abetting). The section goes on to further clarify that when two or more people plan to carry out an unlawful purpose and one of them commits a crime in furtherance of that plan, all who were involved in the planning are also liable for the offence. To establish liability, it is not necessary for all those involved to have actually participated in the commission of the offence. If it was foreseeable that the crime would be committed in furtherance of the common purpose, then each person can be considered a party to the crime. Therefore, Section 21 expands the scope of criminal responsibility beyond those who physically commit a crime to include any person who was involved in the planning, facilitating or encouragement of the crime. It aims to ensure that all those involved in the commission of an offence will be held accountable for their actions and to discourage people from engaging in any activity that might be for the commission of a crime. The section is vital because it helps to deter people from participating in any form of criminal activities and consequently reduces the rate of criminal activities in the society.

COMMENTARY

Section 21 of the Criminal Code of Canada outlines the legal principle of parties to an offence. According to this section, individuals who are directly involved in committing an offense, aid other individuals in committing an offense, or abet the commission of an offense are all considered parties to the offense. The section also establishes the concept of joint liability where two or more individuals plan to commit an offense together, and anyone knowing or having a reasonable expectation of the commission of the offense is considered a party to the crime. This section is crucial in maintaining the order of justice and holding individuals accountable for any crime that is committed. It establishes the concept of shared responsibility, where all the individuals involved in any criminal activity are held accountable for the same offense, regardless of the role they may have played in it. The principle of shared responsibility is important in preventing individuals from escaping legal consequences and thereby safeguarding justice. For an individual to be considered a party to an offense under the Criminal code, the individual must have either directly committed the offense, aided another individual, or abetted the commission of an offense. Directly committing an offense refers to the person who actually commits the offense. This means that the person physically carried out the act that constituted the criminal offense. Aiding the commission of an offense refers to any individual who knowingly or intentionally assists another person in performing an illegal act. Additionally, abetting the commission of an offense refers to any person who assists either before or during the commission of an illegal act by providing counsel, encouragement, or any other assistance to the individual committing the crime. Moreover, the section outlines the concept of joint liability arising from common intention. This refers to the situation where two or more individuals come together to commit an offense. If one of them goes ahead to commit the crime, every individual involved in the plan becomes a party to the offense. This rule increases the probability of individuals holding themselves accountable, making sure that everyone takes an active role in preventing crime and disorder. In conclusion, Section 21 of the Criminal Code of Canada emphasizes the concept of shared responsibility for crime. The section ensures that everyone involved in the commission of a criminal offense is held responsible for their actions within the legal framework. It is a crucial law for maintaining social order and ensuring justice for victims. This segment holds individuals accountable for the crime committed and serves as a significant deterrent to those who would engage in criminal activities.

STRATEGY

Section 21 of the Criminal Code of Canada outlines the concept of 'party to an offence' which essentially means that an individual can be held criminally responsible for a crime even if they did not commit it personally. This section is a crucial component of criminal law and is often employed in cases where multiple individuals are involved in the commission of a crime. However, it is also a highly nuanced section that requires careful consideration and strategic planning when dealing with legal cases. One of the primary strategic considerations when dealing with this section of the Criminal Code is the importance of establishing clear intent. In order for an individual to be considered a party to an offence under this section, it must be established that they either actively aided in the commission of the crime or abetted another person in committing it. This requires a careful examination of the actions of all parties involved and a thorough understanding of the specific circumstances of the crime. In some cases, it may be difficult to establish intent and this can be a major challenge in prosecuting or defending an individual under this section of the Criminal Code. Another important strategic consideration when dealing with Section 21 is the importance of building a strong case. Because this section is often employed in cases where multiple individuals are involved in a crime, it is crucial to gather as much evidence as possible in order to build a comprehensive case. This can involve gathering witness statements, physical evidence, and other types of information that can help to establish the guilt or innocence of all parties involved. It is also important to work with experienced criminal lawyers who can provide strategic guidance and support throughout the legal process. In order to effectively navigate this section of the Criminal Code, there are a number of strategies that can be employed. One strategy is to focus on establishing a clear timeline of events in order to demonstrate the specific role that each party played in the commission of the crime. This can involve using physical evidence, such as surveillance footage or forensics, to reconstruct the sequence of events leading up to the crime. Another strategy is to carefully examine the actions of each party to determine whether they had any motive or opportunity to commit the crime. This can involve gathering information on factors such as financial incentives or personal relationships in order to establish a potential motive. Ultimately, the most effective strategy for dealing with Section 21 of the Criminal Code will vary depending on the specific circumstances of each case. However, by focusing on establishing clear intent, building a strong case, and employing strategic tactics, legal professionals can effectively navigate this section of the law and ensure that justice is served for all parties involved.