section 323(2)

INTRODUCTION AND BRIEF DESCRIPTION

Indictment for oyster bed, fishery or laying is valid without specifying its location.

SECTION WORDING

323(2) An indictment is sufficient if it describes an oyster bed, laying or fishery by name or in any other way, without stating that it is situated in a particular territorial division.

EXPLANATION

Section 323(2) of the Criminal Code of Canada provides a method for the indictment of individuals who violate laws related to oyster beds, layings, or fisheries. This section stipulates that an indictment related to these laws can be sufficient even if the location is not specified. The section allows the indictment to describe the location in any other way, such as by name or a general description, without stating the territorial division. The purpose of this provision is to make it easier for prosecutors to proceed with charges related to these types of offenses. In many cases, it may be difficult to determine the exact location of a specific oyster bed, laying, or fishery, but a general description may still provide enough information to identify the specific offense that has been committed. This clause also serves as a reminder to individuals that they can be held liable for their actions when it comes to the destruction of natural resources. The Criminal Code of Canada aims to protect and preserve the environment, and individuals who violate laws related to oyster beds, layings, or fisheries can face severe consequences. In conclusion, Section 323(2) of the Criminal Code of Canada is an important part of Canadian law that provides prosecutors with flexibility when prosecuting offenses related to oyster beds, layings, or fisheries. It reflects the Canadian government's commitment to protecting and preserving natural resources and ensuring that individuals are held accountable for their actions when they harm the environment.

COMMENTARY

Section 323(2) of the Criminal Code of Canada is a provision that relates to the sufficiency of an indictment for offences related to oyster beds, laying or fisheries. The section states that an indictment for such an offence is sufficient if it describes the oyster bed, laying or fishery by name or in any other way, without stating that it is situated in a particular territorial division. The provision is aimed at making it easier for prosecutors to charge individuals who violate laws related to oyster beds, laying or fisheries. It allows for a general description of the location of the oyster bed, laying or fishery, rather than requiring a specific territorial division to be named. This is because, in many cases, these locations may not have a clear territorial division or may span multiple divisions. This provision makes it possible to charge individuals who violate laws related to oyster beds, laying or fisheries without the need to provide a specific territorial division, which could be a challenging task. This provision has been in place since the enactment of the Criminal Code in 1892 and continues to be relevant today. The importance of this provision can be seen in cases where there are multiple oyster beds, layings or fisheries that span different territories. In such cases, it may be difficult or impossible to pinpoint a specific territorial division where the offence occurred. By allowing a general description of the location, prosecutors can overcome this difficulty and still lay charges against offenders. This provision also provides some flexibility to prosecutors, as they can describe the location of the offence in any other way, providing them with some discretion in their charges and the way they lay them out in the indictment. This flexibility can be helpful in cases where the location of the offence is unclear or difficult to describe accurately. In conclusion, Section 323(2) of the Criminal Code of Canada is a provision that provides a significant benefit to prosecutors and allows them to more easily lay charges against individuals who violate laws related to oyster beds, laying or fisheries. The provision's flexibility and ability to describe the location of an offence in any other way, make it easier to prosecute individuals who commit these offences, regardless of the complexity of the location. Overall, the provision is a valuable aspect of the Criminal Code and has stood the test of time as an important measure in preventing illegal activity in these areas.

STRATEGY

Section 323(2) of the Canadian Criminal Code outlines the necessary requirements of an indictment in relation to descriptions of oyster beds, laying and fishery. The section explains that an indictment will be considered sufficient if it describes any of these functions by name or in any other manner, regardless of whether it mentions the territorial division within which it is located. When dealing with this particular section of the Code, there are several strategic considerations that parties may take into account. For example, defense counsel may use subsection 323(2) as a potential advantage, particularly in cases where the prosecution relies on an inaccurate or vague description of an offense. The defense may argue that the inclusion of Section 323(2) indicates that the court should be cautious about relying too heavily on inaccurate descriptions as they may not be sufficient evidence of wrongdoing. The strategic considerations also extend to the prosecution's approach. For instance, when drafting an indictment, prosecutors may use this section to their advantage by employing a broad rather than a specific reference to the oyster bed, laying or fishery in question. This strategy will allow them to avoid the potential for an indictment to be dismissed in cases where a particular territorial division may not be appropriate or relevant. Instead, the broad reference to the function may prove sufficient, as the Code does not require specificity. Another strategy that the parties may adopt is the use of experts to prove the geographical location described in the indictment. The expert may provide additional evidence to support the description stated in the indictment. Conversely, if the prosecution cannot produce expert evidence to support its claim, the defense may take advantage of this and argue that the prosecution has not provided sufficient evidence to support the charge. Moreover, the courts have interpreted section 323(2) to mean that the prosecution's evidence presented at trial must sufficiently describe the laying, fishery or oyster bed in question. With this interpretation, the prosecution will have to provide more detailed descriptions of the location, which may mean spending more resources in investigating and collecting the necessary evidence. In conclusion, Section 323(2) of the Criminal Code of Canada outlines the necessary requirements of an indictment when it involves descriptions of an oyster bed, laying or fishery. When dealing with such cases, parties may employ a number of strategies, including using broad rather than specific descriptions, relying on experts, providing evidence that sufficiently describes the location, and using this section to their advantage.