INTRODUCTION AND BRIEF DESCRIPTION
This section criminalizes the taking or concealing of a child in violation of a custody order with the intent to deprive the lawful custodian of possession of the child.
SECTION WORDING
282(1) Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, in contravention of the custody provisions of a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or (b) an offence punishable on summary conviction.
EXPLANATION
Section 282(1) of the Criminal Code of Canada pertains to the unlawful custody of a person under the age of fourteen. It deems it illegal for parents, guardians, or anyone with legal care or charge of a person under 14 years old, to take or hide them in violation of a custody order made by a Canadian court. The section outlines that the intention behind such actions must be to deprive the person's lawful caretaker or parent of custody. Any individual found guilty of breaching this provision by taking, enticing away, concealing, detaining, receiving, or harboring a minor can be charged with an indictable offense, with imprisonment for a term not exceeding ten years. Alternatively, they may be punished for a summary offense, which carries a maximum term of imprisonment of six months. This section addresses the importance of respecting legal custody arrangements and maintaining the appropriate legal authorities over a minor. It ensures that those with responsibilities for children within the law fulfill their responsibilities and do not compromise the safety and well-being of minors. It emphasizes that any actions motivated by intentions to deprive a child's legal caregivers of custody are punishable by law and will result in legal consequences.
COMMENTARY
Section 282(1) of the Criminal Code of Canada deals with criminal offences related to child abduction. This provision applies to individuals who take, entice away, conceal, detain, receive or harbour a child who is under the age of fourteen in contravention of a custody order. The provision also requires that the person who is accused of the act is acting with intent to deprive a parent, guardian, or any other person with lawful care or charge of the child of the possession of that child. This section is designed to protect children who are subject to custody orders made by Canadian courts. The provision outlines that anyone who disregards a custody order made by any Canadian court anywhere in the country, and intentionally abducts the child, will be found guilty of a criminal offence. Such an act shows a blatant disregard for the custody order, which serves to protect a child's overall well-being. The penalties for a conviction under this section are severe. If found guilty of this offence, an accused can be sentenced to a term of imprisonment of up to ten years. The seriousness of this provision is reflective of the severity of the offence, which involves a criminal act that potentially endangers a child's safety, security, and access to a loving parental or guardian relationship. It is noteworthy that custody orders are crucial to the well-being of children affected by separated or divorced parents. These orders primarily provide a framework that outlines how the child will be cared for, including things like visitation rights, living arrangements, and decision-making powers. Abduction is a severe violation of these custody orders and often has a severe impact on the child in question. Children who are the subject of abduction typically experience anxiety, fear, stress, and emotional trauma. Section 282(1) of the Criminal Code of Canada is critical to protecting children and enforcing the laws governing child custody and care. This provision sends a clear message that anyone who takes actions that contravene custody orders in place for children under the age of fourteen will not be tolerated by the Canadian legal system. The importance of this provision cannot be overstated, and Canadian courts have taken a strong stance on punishing those who violate their custody orders. Parents must understand that child custody is never based on their wants and desires, but rather what is in the best interest of the child. Should a custody order be in place, parents must comply with its provisions, including assignments of parenting time, financial support obligations, and other directions set forth. In conclusion, Section 282(1) of the Criminal Code of Canada is an essential provision that helps to protect children from the dangers of abduction. This provision serves as a powerful reminder that anyone who attempts to contravene the lawful custody order of a Canadian court in respect of a child will be punished by the legal system. Moreover, this provision emphasises the value placed by Canadian society on the safety and protection of children.
STRATEGY
Section 282(1) of the Criminal Code of Canada is designed to protect minors by criminalizing the actions of individuals who take, entice away, conceal, detain, receive or harbour minors in violation of a custody order. This section of the Criminal Code is intended to prevent individuals from depriving parents or guardians of their legal rights to custody of the minor. When dealing with this section of the Criminal Code, several strategic considerations must be taken into account. One of the most important factors to consider is the nature and severity of the case. The involvement of minors requires a high level of care and attention to ensure that their best interests are kept in mind. Lawyers who work with individuals charged under section 282(1) typically focus on achieving the best possible outcome for their clients, while at the same time protecting the interests and well-being of the minor. Another strategic consideration is determining the strengths and weaknesses of the case against the accused. Lawyers typically start by gathering all the relevant facts and assessing the strength of the evidence against the accused. Defendants may have a number of defenses available to them, such as mistaken identity, duress, or necessity. In some cases, it may be possible to negotiate a plea bargain with the prosecution. The prosecutor may agree to reduce the charges against the accused or drop them entirely in exchange for a guilty plea or other concessions. Defendants may also be able to make use of other pre-trial procedures such as diversion or bail. When dealing with section 282(1) of the Criminal Code, lawyers will be careful to ensure that any actions taken are consistent with the best interests of the child. A key strategy in these cases is to ensure that all parties involved, including the child, have the opportunity to express their views and concerns. Finally, it is important to consider the long-term implications of any action taken. A criminal conviction for a violent crime such as this can have a significant impact on the individual's future. Therefore, lawyers will take care to ensure that any strategy employed takes into account the long-term consequences of the case and aims to protect the accused from any potential harm and to allow for the continuation of a healthy relationship with the minor. In conclusion, when dealing with section 282(1) of the Criminal Code of Canada, it is essential to consider the nature and gravity of the case, the strengths and weaknesses of the evidence, the child's interests, potential negotiation opportunities, and the long-term implications of any action taken. Lawyers will do their best to ensure that their clients achieve the best possible outcome, while at the same time protecting the minor's interests and well-being. Ultimately, the goal is to ensure that custody provisions of a custody order in relation to minors are adhered to, and their best interests are upheld.