INTRODUCTION AND BRIEF DESCRIPTION
Provincial Attorney Generals can impose terms and conditions on licenses for possession and use of automobile master keys.
SECTION WORDING
353(2) A licence issued by the Attorney General of a province as described in paragraph (1)(a) or (b) may contain such terms and conditions relating to the sale, offering for sale, advertising, purchasing, having in possession or use of an automobile master key as the Attorney General of that province may prescribe.
EXPLANATION
Section 353(2) of the Criminal Code of Canada pertains to the issuance of licenses by the Attorney General of a province. This section allows the Attorney General to prescribe certain terms and conditions related to the sale, offering for sale, advertising, purchasing, having in possession, or use of an automobile master key. Automobile master keys are keys that can unlock and start multiple vehicles, often used by car dealerships, mechanics, and locksmiths. However, in the wrong hands, these keys can be used for criminal activities such as theft or trafficking of stolen vehicles. The purpose of this section is to prevent such criminal activities by putting restrictions on the possession and use of these keys. By allowing the Attorney General to impose terms and conditions on licenses related to automobile master keys, the section provides a legal framework within which such activities can be regulated. For instance, an Attorney General may prescribe conditions that require the licensee to keep detailed records of the sale or purchase of the keys or to only sell or buy them to and from licensed dealers. The Attorney General may also impose penalties for any violation of the terms and conditions, such as the revocation of the license or the imposition of fines. Overall, section 353(2) of the Criminal Code of Canada demonstrates the government's efforts to regulate the possession and use of automobile master keys to prevent criminal activities and ensure public safety.
COMMENTARY
Section 353(2) is an important provision of the Criminal Code of Canada as it empowers the Attorney General of a province to prescribe certain terms and conditions relating to the sale, offering for sale, advertising, purchasing, having in possession or use of an automobile master key. This provision seeks to regulate the use of automobile master keys, which are specialized tools that can be used to open various models of cars. An automobile master key is a device that can be used to unlock and start multiple vehicles, including those that do not belong to the owner of the key. The device is primarily used by locksmiths and car dealerships to re-key or program keyless entry systems. However, these keys have also been used by car thieves to steal vehicles since they can easily bypass the car's security measures. Therefore, the regulation of automobile master keys is necessary to prevent their misuse and to protect the public from car theft. The provision allows the Attorney General of a province to prescribe terms and conditions regarding the sale, offering for sale, advertising, purchasing, having in possession, or use of an automobile master key. This means that the provincial government can create regulations that will govern the use of automobile master keys. These regulations may include requiring sellers of automobile master keys to be licensed or to conduct background checks on potential purchasers. They may also prescribe the specific types of automobile master keys that are legal to possess or use in the province. Moreover, the regulations can impose penalties for contravening the terms and conditions prescribed. This provision gives the provincial government considerable power in controlling the use of automobile master keys, which is necessary given the potential for misuse. The regulation of automobile master keys will help to prevent car theft, which is a common crime in Canada. Car theft involves the taking or attempted taking of a motor vehicle without the owner's consent. Statistics show that in 2020, there were approximately 95,000 motor vehicle thefts in Canada, which represents a 20% increase from the previous year. The regulation of automobile master keys can help to reduce these statistics and make communities safer. Overall, section 353(2) of the Criminal Code of Canada provides the provincial government with the legal authority to regulate the use of automobile master keys. This provision is important in protecting the public from the misuse of these tools, which can be used to facilitate car theft. The regulation of automobile master keys will help to decrease the incidence of car theft, which is a prevalent crime in Canada. As such, this provision of the Criminal Code should continue to be enforced to promote public safety.
STRATEGY
Section 353(2) of the Criminal Code of Canada gives the Attorney General of each province the power to prescribe terms and conditions relating to the use, possession, sale, offering for sale, and advertising of an automobile master key. This provision is aimed at regulating the use of automobile master keys, which are tools that can be used to unlock and start a wide variety of vehicles, including cars, trucks, and SUVs. There are several strategic considerations to keep in mind when dealing with Section 353(2) of the Criminal Code of Canada. One of the primary considerations is compliance with the terms and conditions established by the Attorney General. Failure to comply with these conditions can result in prosecution and criminal charges. Another important consideration is the impact of the use of automobile master keys on public safety and security. Automobile master keys are often used to steal vehicles, and can be obtained by thieves through a variety of means, including theft, purchase, or even manufacturing them illegally. As such, the use of automobile master keys can pose a significant threat to public safety and security, and can result in significant financial losses for individuals and businesses. In order to address these concerns, there are several strategies that could be employed when dealing with Section 353(2) of the Criminal Code of Canada. One of the most effective strategies is to establish clear policies and procedures regarding the use, possession, and sale of automobile master keys. These policies should include strict controls on the use and possession of master keys, as well as detailed procedures for verification of ownership and identity. Another strategy that could be employed is to conduct regular training and education programs for employees and other stakeholders regarding the use and management of master keys. This can help ensure that everyone is aware of the risks associated with the use of these tools, as well as the importance of complying with all applicable laws and regulations. Finally, it may be necessary to establish partnerships with law enforcement agencies and other stakeholders in order to monitor and control the use of automobile master keys. This may involve working with police departments to investigate and prosecute cases of theft and other criminal activities involving master keys. In conclusion, Section 353(2) of the Criminal Code of Canada provides an important mechanism for regulating the use and possession of automobile master keys. While there are several strategic considerations to keep in mind when dealing with this provision, effective policies, procedures, and training programs can help ensure compliance with applicable laws and regulations, as well as prevent the misuse of automobile master keys.