section 273.3(2)

INTRODUCTION AND BRIEF DESCRIPTION

The penalty for contravening section 273.3 of the Criminal Code of Canada is imprisonment for up to five years.

SECTION WORDING

273.3(2) Every person who contravenes this section is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction.

EXPLANATION

Section 273.3(2) of the Criminal Code of Canada pertains to the crime of voyeurism. This statute specifically targets the non-consensual recording or capturing of another individual's private moments, with the intent to observe them for sexual gratification or for distributing the material. Under this act, every person who violates the law is guilty of an indictable offense, which means that it is a more serious criminal offense. The punishment for this offense typically entails imprisonment for a term that does not exceed five years. Additionally, a summary conviction is also possible for those who violate this section, which results in lesser prison time. The law is stringent on this crime to ensure that individuals' privacy and bodily autonomy are not violated. It is important to note that this statute is intended to protect the individual's right to privacy, rather than to censor a person's right to free speech or expression. Moreover, the intent to record private activities without consent is key to this crime. This definition encompasses activities such as installing hidden cameras in private spaces like washrooms or bedrooms, recording individuals while they are changing, or capturing images of private acts without the knowledge of those involved. In conclusion, Section 273.3(2) of the Criminal Code of Canada identifies voyeurism as a unique offense intended to protect individuals' privacy rights. It serves as a warning to potential offenders who may attempt to exploit others' vulnerability for their own sexual satisfaction. The punishment for this crime is serious, to discourage people from violating others' privacy and to ensure that those who do engage in the activity receive legal punishment.

COMMENTARY

Section 273.3(2) of the Criminal Code of Canada is a provision that renders it an offence to access, possess, distribute, or make available any child pornography material. It is a provision that highlights the government's efforts to curb the spread of child pornography material in Canadian society. As such, a person found guilty of contravening this section is, by law, liable to imprisonment for a term not exceeding five years - as an indictable offence - or sentenced to an offence punishable on summary conviction. The significance of this section cannot be overemphasized, given the profound effects of child pornography material on its victims. Child pornography represents an abuse of power and an invasion of privacy of children. Not only does it have the potential to cause long-term psychological damage, but it can also affect children's physical health. Through its manifestation in print and electronic media, child pornography constitutes a global public health issue, and its eradication must remain a priority for all governments globally. Section 273.3(2) is a proactive attempt by the Canadian government to prevent child exploitation by criminalizing those who access, distribute or possess such materials. The law aims to reduce the incidence of child pornography by creating a zero-tolerance policy backed by legislative action. By extension, this law shows that Canada is willing to take a stand against the exploitation of minors, and the presence of such laws can act as a deterrent to those who may otherwise consider engaging in such activities. While this law is in place for the protection of minors, it is not without its challenges when enforcing. The investigations and prosecutions of child pornography cases can be time-consuming, complex and resource-intensive, especially when dealing with online activities. Experts note that child pornography-related offences are difficult to arrest and prosecute because the production and trafficking of images are considered clandestine activities. Nonetheless, the consequences for individuals involved in such activities are severe. Those found guilty of charges could receive a criminal record, imprisonment, incur fines, and be ordered to register as a sex offender in addition to inclusion on Canada's Sex Offender Registry List. It is essential to note that a criminal record and sex offender registration could restrict an individual's employment and travel opportunities, adding further weight to the severity of the law. Moreover, section 273.3(2) highlights the importance of multi-sectoral action in upholding the rights and safeguarding the welfare of children. Everyone involved, including the government, law enforcement agencies, child welfare organizations, parents, caregivers, educators, and society at large, has a role to play in preventing and responding appropriately to child pornography activities. In conclusion, section 273.3(2) of the Canadian Criminal Code is a crucial provision in the fight against child exploitation and child pornography. It is a strong law backed by severe punitive measures that aim to curb the spread of child pornography material in our society. By criminalizing activities related to child pornography, Canada sends a clear message to individuals involved in the production, distribution, or possession of child pornography material that such activities will not be tolerated. The responsibility of safeguarding our children from harm is a collective one, and we must all do our part to protect their rights and welfare.

STRATEGY

Section 273.3(2) of the Criminal Code of Canada deals with the offence of sexual exploitation. This offence is taken seriously in Canada and carries a significant penalty, as outlined in the section. It is important to understand the implications of this section of the Criminal Code, both from the perspective of potential offenders and those who are responsible for prosecuting them. Some strategic considerations when dealing with this section of the Criminal Code include the following: 1. Understanding the Elements of the Offence One of the most important considerations when dealing with section 273.3(2) is understanding the elements of the offence. To be convicted of sexual exploitation, the Crown must prove that the accused person engaged in a sexual activity with a young person who was under 18 years old and that the accused person was in a position of trust or authority over the young person. It is important to carefully review the evidence and ensure that all of these elements are present before proceeding with a charge under this section. 2. Assessing the Evidence When dealing with a charge under section 273.3(2), it is important to assess the evidence carefully. Sexual exploitation cases can be challenging to prove, and it is important to have a strong case before proceeding. A thorough investigation should be conducted, including interviews with the alleged victim and any witnesses, to gather as much evidence as possible. The Crown should also review any physical evidence, such as text messages or social media posts, that may support the allegation of sexual exploitation. 3. Preparing the Accused for Court If someone is charged with sexual exploitation under section 273.3(2), it is important to ensure that they are prepared for court. This involves providing legal advice and representation, as well as working with the client to ensure that they understand the charges and the potential consequences of a conviction. It may also involve working with the accused person to prepare a defence and gather evidence to support their case. 4. Developing Strategies for the Prosecution Those responsible for prosecuting sexual exploitation cases must develop effective strategies to ensure a successful prosecution. This may involve using expert witnesses to testify about the psychological impact of sexual exploitation on young people, gathering physical evidence, and building a strong case based on the evidence. It may also involve working with the alleged victim to ensure that they are prepared to testify in court and providing appropriate support throughout the process. 5. Ensuring a Fair Trial Finally, it is important to ensure that anyone charged with sexual exploitation under section 273.3(2) receives a fair trial. This involves ensuring that the rights of the accused person are protected, that all evidence is presented fairly and accurately, and that the accused person is given a fair opportunity to defend themselves. It is important to balance the need to hold offenders accountable for their actions with the rights of the accused person to a fair trial. In conclusion, section 273.3(2) of the Criminal Code of Canada is a serious offence that carries significant penalties. Those responsible for prosecuting or defending individuals charged under this section of the Criminal Code must carefully consider the evidence, develop effective strategies, and ensure that the rights of the accused person are protected. By doing so, the criminal justice system can hold offenders accountable for their actions while ensuring that everyone receives a fair and just trial.