INTRODUCTION AND BRIEF DESCRIPTION

Section 264.1(3) outlines the possible sentences for committing an offence under paragraphs 1(b) or (c).

SECTION WORDING

264.1(3) Every one who commits an offence under paragraph (1)(b) or (c) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) is guilty of an offence punishable on summary conviction.

EXPLANATION

Section 264.1(3) of the Criminal Code of Canada outlines the penalties for those found guilty of committing offences under subsections (1)(b) or (c). These offences refer to acts of criminal harassment against an individual with whom the perpetrator has an intimate relationship or someone with whom they are in a close personal relationship. If found guilty of an offence under either subsection (1)(b) or (c), the perpetrator can be charged with an indictable offence and face up to two years of imprisonment. An indictable offence is a serious crime that is typically heard in front of a judge and jury, and carries more severe penalties than a summary conviction offence. Alternatively, the perpetrator may be charged with an offence punishable on summary conviction, which is a less serious offence that can be heard and sentenced by a judge alone. These penalties are intended to deter criminal harassment and abuse within intimate and close personal relationships. The Criminal Code of Canada recognizes the gravity of these types of offences and aims to hold those responsible accountable for their actions. Section 264.1(3) is just one aspect of a broader legal framework that aims to protect the safety and well-being of individuals from all forms of harassment and abuse.

COMMENTARY

Section 264.1(3) of the Criminal Code of Canada is a crucial provision in the fight against intimate partner violence. This particular section deals with offences related to uttering threats to a victim or stalking a victim. It provides two different penalties depending on the severity of the offence committed. The first part of the section stipulates that anyone who commits an offence under paragraph (1)(b) or (c) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. This part of the provision applies to cases where the offender has threatened the victim or has taken steps to follow, watch or communicate with the victim without the victim's consent. The second part of the section states that the offender would be guilty of an offence punishable on summary conviction if the offence committed is less severe. This provision applies to cases where the offender has engaged in conduct that causes the victim to reasonably fear for their safety or their safety of a person known to them. This section of the Criminal Code of Canada is particularly important because it recognizes the harm that can be inflicted on victims through either threats or stalking. It recognizes the different levels of risk associated with these two kinds of behaviours and accordingly imposes different penalties. It is important to note that this section of the Criminal Code of Canada has far-reaching implications beyond just those who are directly affected. Intimate partner violence is a pervasive issue in Canada and has long-term implications on the mental, physical, and emotional health of victims. The social and economic costs of intimate partner violence are significant as well. The provision of different penalties depending on the severity of the offence is a key feature of this section. This not only ensures that offenders are held accountable for their actions but also provides a significant deterrent to others considering committing similar behaviours. Furthermore, the provision of a summary conviction option offers a swifter and more cost-effective way of dealing with less severe cases. This allows the criminal justice system to focus on more serious cases and ensures that victims are not further traumatized by lengthy and complicated court proceedings. While this section of the Criminal Code of Canada is an important legal tool in addressing intimate partner violence, it has its limitations. For instance, it may not capture all forms of harassment and stalking that victims may experience, particularly those that occur through digital means. In conclusion, Section 264.1(3) of the Criminal Code of Canada is a significant provision in the fight against intimate partner violence. It recognizes the harm that can be inflicted on victims through threats and stalking and imposes appropriate penalties depending on the severity of the offence. It is important to continue to monitor this provision to ensure it remains relevant and effective in addressing intimate partner violence in Canada.

STRATEGY

Section 264.1(3) of the Criminal Code of Canada pertains to the specific offence of criminal harassment. This section outlines the potential consequences for an individual who has been found guilty of the offence under paragraph (1)(b) or (c). The punishment can be in the form of an indictable offence or a less severe offence punishable on summary conviction. In dealing with this section, several strategic considerations come into play, and various strategies can be employed to either defend or prosecute a case. One strategic consideration is the ability to prove the elements of the offence. Criminal harassment is a complex offence that requires that certain elements be proven beyond a reasonable doubt. Firstly, the complainant must prove that the accused engaged in conduct that was threatening, intimidating, or otherwise harassing. Secondly, the complainant must prove that the conduct was directed at them. Thirdly, the complainant must show that the conduct caused them to fear for their safety or the safety of others. Lastly, the complainant must prove that the accused knew or ought to have known that their conduct would cause the complainant to fear for their safety. Another strategic consideration is the credibility of witnesses. To prove an offence of criminal harassment, the Crown or the prosecution must rely on the testimony of the complainant and any witnesses. In most cases, the accused will deny the allegations and present their version of the story. In such instances, the prosecution must be focused on identifying any inconsistencies or contradictions in the accused's testimony and expose any lies or fabrications. Furthermore, the physical evidence should also be considered. In some cases, physical evidence such as emails, text messages or phone records could be used to prove that the accused communicated threatening or harassing messages to the complainant. In many cases, such evidence could be crucial in obtaining a conviction, as it provides a concrete link between the accused and the harassing behaviour. Another strategic consideration is the victim's background. The victim's background is essential to understanding the alleged harassment's context and severity. A complainant's history of previous victimization, emotional instability, or drug or alcohol abuse could be used to undermine their testimony, making it more difficult to prove the elements of the offence. Given these considerations, several strategic approaches can be employed to prosecute or defend against a charge of criminal harassment. First, the defence may adopt a strategy of attack, where they challenge the prosecution's case by identifying weaknesses in the evidence or undermining the credibility of the complainant's testimony. Alternatively, counsel may adopt a strategy of concession by accepting some aspects of the prosecution's case and focusing on minimizing the impact of these concessions during sentencing. In conclusion, strategic considerations play an essential role when dealing with section 264.1(3) of the Criminal Code of Canada. A thorough understanding of the elements of the offence, credibility of witnesses, physical evidence, and victim's background is necessary to successfully prosecute or defend against a charge of criminal harassment. Employing strategic approaches such as attack or concession can be used to achieve success in the proceedings. However, it is essential to note that every case is unique, and the most effective strategy will differ depending on the specificities of each case.