Criminal Code of Canada - section 264.1(2) - Punishment

section 264.1(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the maximum imprisonment terms for individuals who commit an offence under paragraph (1)(a) of section 264.1 of the Criminal Code of Canada.

SECTION WORDING

264.1(2) Every one who commits an offence under paragraph (1)(a) is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

EXPLANATION

Section 264.1(2) of the Criminal Code of Canada refers to the offence of criminal harassment, which is defined in paragraph (1)(a) of the section. This offence involves engaging in conduct that causes another person to fear for their safety or the safety of someone known to them. It can also involve repeatedly communicating with someone in a way that causes them to fear for their safety or security. If someone is found guilty of criminal harassment under paragraph (1)(a), they can be sentenced to a term of imprisonment for up to five years if the offence is treated as an indictable offence. This means that the Crown prosecutor can choose to proceed with the charge by way of indictment, which is a more serious type of proceeding in the criminal justice system. Alternatively, the offence can be treated as a less serious one and punished by summary conviction, which carries a maximum sentence of 18 months imprisonment. The Criminal Code of Canada takes criminal harassment very seriously, as it is a violation of a person's fundamental right to security of the person. The offence is meant to protect individuals from unwanted and/or threatening behaviour, and is frequently used in cases of domestic violence or stalking. It is worth noting that in addition to potential criminal charges, victims of criminal harassment can also seek civil remedies like restraining orders or sue for damages under the common law tort of harassment.

COMMENTARY

Section 264.1(2) of the Criminal Code of Canada pertains to the offence of criminal harassment, which is defined under paragraph 264(1)(a) of the same Code. Criminal harassment is a serious offence that can have devastating consequences for victims, and as such, the penalties for committing such an offence are appropriately severe. Paragraph (1)(a) of Section 264 of the Criminal Code of Canada reads as follows: No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them." The conduct referred to in subsection (2) includes repeatedly following, communicating with, watching, or threatening the victim, or engaging in any other harassing conduct that causes the victim to fear for their safety. Under Section 264.1(2) of the Criminal Code of Canada, if a person commits an offence under paragraph (1)(a), they are guilty of an indictable offence and can be imprisoned for up to five years, or they can be subject to a summary conviction and imprisonment for up to eighteen months. The fact that this offence can be punishable either by indictment or summary conviction, depending on the circumstances, indicates that Canadian lawmakers take this offence seriously. It is important to note that criminal harassment is a relatively new offence, having been included in the Criminal Code of Canada in 1993. Before then, victims of stalking and other forms of harassment had little legal recourse, and many suffered in silence. The addition of this offence to the Code is a positive step towards recognizing and addressing the very real harm that harassment can cause. The severity of the penalties for criminal harassment reflects the seriousness of the offence and the impact that it can have on victims. Being stalked or harassed can cause significant emotional distress, and can even put the victim's physical safety at risk. The fact that the penalties for this offence can include imprisonment indicates that Canadian lawmakers recognize the very real harm that stalking and harassment can cause, and are committed to ensuring that victims are protected and that offenders face consequences for their actions. In conclusion, Section 264.1(2) of the Criminal Code of Canada is an important provision that reflects the seriousness with which Canadian lawmakers view the offence of criminal harassment. The penalties for committing this offence are appropriately severe, reflecting the harm that stalking and harassment can cause to victims, and underscoring the importance of protecting them from harm. While no law can completely eliminate the risk of harassment, the inclusion of this offence in the Criminal Code of Canada is an important step towards preventing and addressing this harmful behaviour.

STRATEGY

Section 264.1(2) of the Criminal Code of Canada outlines the penalties for committing an offence under paragraph (1)(a), which includes the offence of uttering threats. The section provides that a person who commits this type of offence may face either an indictable offence or a summary conviction, each with its own range of sentencing options. When dealing with this section of the Criminal Code, there are several strategic considerations and strategies that should be employed to achieve the best possible outcome. One of the primary strategic considerations is whether the offence will be charged as an indictable offence or as a summary conviction. The decision will depend on the severity of the threat and the circumstances surrounding the offence. Indictable offences carry more severe penalties, including longer prison sentences and higher fines, whereas summary conviction offences generally have less severe penalties. Therefore, if charged as an indictable offence, it is crucial to prepare a robust defence and gather evidence to mitigate the potential sentence. Another key strategic consideration is the sentencing options available under the section. The section provides for a range of possible sentences, from no jail time to up to five years imprisonment. It is essential to work with legal counsel to understand the sentencing structure and develop a strategy to minimize any potential penalties. A good strategy may include negotiating a plea bargain to reduce the charges to a lesser offence or securing a conditional sentence in place of a prison term. Another critical strategic consideration when dealing with section 264.1(2) of the Criminal Code of Canada is the nature of the threat and the circumstances surrounding the offence. Different courts may interpret and apply the section differently depending on the specifics of the case. A competent criminal defence lawyer will carefully review the evidence and work to create a defence that is tailored to the case's specific facts. This may involve providing evidence that the threat was not credible, that the defendant had no intention of carrying out the threat, or that the defendant was not in a sound mental state when they made the threat. Finally, when dealing with section 264.1(2), it is critical to understand the potential collateral consequences beyond the criminal penalties, such as the impact on employment, reputation, and relationships. A good strategy may involve engaging with non-legal professionals to help mitigate the broader consequences of the charge. In conclusion, section 264.1(2) of the Criminal Code of Canada provides for various potential sentencing options for those convicted of an offence under paragraph (1)(a), and it is essential to develop a strategy to achieve the best possible outcome. A good strategy may include understanding the different sentencing options, negotiating a plea bargain, tailoring the defence to the specific facts of the case, and managing the broader consequences of the charge. By employing the right strategies, those accused of uttering threats can increase their chance of achieving a favourable outcome.