section 353(5)

INTRODUCTION AND BRIEF DESCRIPTION

The section defines an automobile master key as any instrument designed to operate the ignition or other switches or locks of a series of motor vehicles.

SECTION WORDING

353(5) The definitions in this subsection apply in this section. In this section, "automobile master key" includes a key, pick, rocker key or other instrument designed or adapted to operate the ignition or other switches or locks of a series of motor vehicles.

EXPLANATION

Section 353 of the Criminal Code of Canada is a provision that deals with offences related to theft, tampering, or breaking of motor vehicles. Subsection 5 of this section provides a definition of the term "automobile master key," which is a key or tool that is designed or adapted to operate the ignition or other switches or locks of a series of motor vehicles. The inclusion of this definition is significant because it helps to clarify what is meant by an automobile master key when the provision is being applied in legal proceedings. This definition expands the scope of what can be considered an automobile master key beyond just physical keys and includes other tools that can be used to operate the switches and locks of several vehicles. The offence of possessing or using an automobile master key with the intention of committing an offence related to the theft or tampering of a motor vehicle is a serious crime under this section. The punishment for such an offence can include imprisonment for up to 10 years. This provision of the Criminal Code aims to protect the public from offences related to the theft, tampering, or breaking of motor vehicles. It makes it illegal to possess or use an automobile master key for any illegal purposes related to motor vehicle theft or tampering. This definition helps to expand the understanding of what is meant by an automobile master key and makes it easier for courts to effectively apply the provision in cases related to motor vehicle theft or tampering.

COMMENTARY

Section 353(5) of the Criminal Code of Canada is a critical provision in the Canadian justice system as it addresses the use of automobile master keys. With technological advancements, thieves and other criminals have evolved their modus operandi to defeat the security systems of cars. In response, the law has had to adapt and expand its definition of what can be considered a criminal offence. In this case, the Criminal Code of Canada addresses the issue of automobile theft by clarifying what an automobile master key is and why its use constitutes a criminal act. The section defines an automobile master key as a key, pick, rocker key, or instrument designed or adapted to operate the ignition or other switches or locks of a series of motor vehicles. While it might seem like a small definition, it highlights the critical role that a master key can play in an automobile theft. The provisions to this section are significant as the use of such tools can make a criminal suspect liable to criminal charges and prosecution in Canada. As mentioned, an automobile master key offers thieves an easy way to start the vehicle they want to steal. It also allows them to defeat a vehicle's security systems, making their job much simpler. The provisions outlined in Section 353(5) create a legal framework for prosecution and punish those who use master keys to commit crimes and aid and abet vehicle theft. It is worth noting that simply possessing or manufacturing an automobile master key is also a criminal offence, even if the tool is not used explicitly to steal a vehicle. One of the primary reasons why this section of the Criminal Code is important is that it punishes not only the individuals who actively commit the crime but also anyone who has helped in the commission of a crime. This means law enforcement can go after those who manufacture and distribute such tools, or even those who knowingly purchase them for nefarious purposes. It creates a broad framework of accountability, making it more challenging for criminals to commit such crimes successfully. Another reason why this section of the Criminal Code is significant is that it emphasizes the value of automobiles and the importance of protecting them. Cars and vehicles are essential in modern society, and owning one is an important milestone for many individuals. Unfortunately, car theft is prevalent, and it can be devastating both emotionally and financially for the victims. These provisions ensure that the Canadian justice system recognizes the severity of such thefts and holds perpetrators accountable for their crimes. In conclusion, Section 353(5) of the Criminal Code of Canada is an essential provision that addresses the issue of the use of automobile master keys, which have become a prevalent means of committing vehicle theft. The provision is particularly crucial as it punishes everyone involved, including manufacturers, distributors, and even buyers of such tools. It also emphasizes the importance of automobiles in modern society and the need to protect them. The provision creates a legal framework for prosecution makes it more challenging for criminals to succeed in their crimes.

STRATEGY

There are several strategic considerations that must be taken when dealing with section 353(5) of the Criminal Code of Canada. The provision defines automobile master key" and criminalizes the possession of such instruments that are designed or adapted to operate the ignition or other switches or locks of a series of motor vehicles. The following are some of the strategic considerations and strategies that could be employed in dealing with this section of the Criminal Code. Firstly, understanding the scope of the provision is essential. Section 353(5) applies to anyone who possesses an automobile master key or instrument designed or adapted to operate the ignition or other switches or locks of a series of motor vehicles. Therefore, it is essential to understand what constitutes an automobile master key and whether the instrument possessed falls under the definition provided by the section. Secondly, awareness of the penalties is critical when dealing with section 353(5). Possession of an automobile master key is a criminal offence punishable by imprisonment for up to 10 years. Therefore, it is important to take the matter seriously and to seek legal counsel in case of any concerns or doubts. Thirdly, it is important to be aware of the defences available when the accused is charged with an offence under section 353(5). Some possible defences include lack of knowledge that the instrument was an automobile master key or that it was designed or adapted for use with a series of motor vehicles. Fourthly, a possible strategy to avoid being charged under section 353(5) is to ensure that the automobile master key or instrument designed or adapted to operate the locks of a series of motor vehicles is not possessed without proper authorization. For instance, if the key or instrument is required for work purposes, ensure that it is obtained from a legitimate source and kept secure when not in use. Fifthly, it is essential to be aware of the circumstances that could lead to being charged under section 353(5). Possessing an automobile master key or instrument designed or adapted to operate the locks of a series of motor vehicles could be associated with potential criminal activities such as vehicle theft. Therefore, being conscious of the context of the possession is necessary. In conclusion, section 353(5) of the Criminal Code of Canada criminalizes the possession of an automobile master key or instrument designed or adapted to operate the ignition or other switches or locks of a series of motor vehicles. Strategic considerations that could be taken in dealing with this section include understanding the definition, being aware of the penalties, defences, and circumstances that could lead to being charged. Strategies that could be employed include ensuring proper authorization for possession, being aware of the context of possession, and seeking legal counsel in case of doubts or concerns.