section 378

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the criminal offense of knowingly making or issuing a false certified copy, extract or certificate of a register, record or document, or making a fraudulent copy, extract or certificate, which is punishable by up to 5 years in prison.

SECTION WORDING

378 Every one who (a) being authorized or required by law to make or issue a certified copy of, extract from or certificate in respect of a register, record or document, knowingly makes or issues a false certified copy, extract or certificate, (b) not being authorized or required by law to make or issue a certified copy of, extract from or certificate in respect of a register, record or document, fraudulently makes or issues a copy, extract or certificate that purports to be certified as authorized or required by law, or (c) being authorized or required by law to make a certificate or declaration concerning any particular required for the purpose of making entries in a register, record or document, knowingly and falsely makes the certificate or declaration, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

EXPLANATION

Section 378 of the Criminal Code of Canada deals with the offense of fraudulently creating or issuing certified copies, extracts, and certificates in respect of a register, record or document. The section is divided into three distinct categories of offenses: (a), (b), and (c). Under category (a), it is a criminal offense for a person who is authorized or required by law to make or issue a certified copy of, extract from, or certificate in respect of a register, record, or document to knowingly make or issue a false certified copy, extract or certificate. This offense is committed when a person intentionally creates a document certified as true and accurate when in fact they know that it is false or inaccurate. Under category (b), the offense is committed if a person who is not authorized or required by law to make or issue a certified copy of, extract from, or certificate fraudulently makes or issues a copy, extract, or certificate that purports to be certified as authorized or required by law. For example, a person may forge a document and certify it unlawfully, making it appear as if it was issued by an authorized body. Under category (c), it is a criminal offense when a person who is authorized or required by law to make a certificate or declaration concerning any particular required for the purpose of making entries in a register, record, or document knowingly and falsely makes the certificate or declaration. This offense is committed when a person certifies information that they know to be wrong or misleading. A person found guilty of any of these offenses under Section 378 is liable to imprisonment for a term not exceeding five years. The purpose of this section is to protect the integrity of official records and documents and to ensure that certified copies, extracts, and certificates issued by authorized individuals are genuine and accurate.

COMMENTARY

Section 378 of the Criminal Code of Canada serves a crucial role in ensuring the accuracy and integrity of official documents and records. The section explicitly outlines the consequences of knowingly issuing false certified copies, extracts, or certificates, and the fraudulent making and issuing of such documents. Intentionally falsifying or manipulating official records and documents can have severe impacts on individuals and society as a whole. For example, if someone were to issue a false birth certificate, it could have far-reaching consequences to the individual, including being barred from accessing certain services or facing challenges in obtaining citizenship or immigration status. It could also impact public safety if someone were to use a falsified document to obtain a job in a sensitive field, such as law enforcement or national security. The severity of the punishment for committing an offence under Section 378 reflects the significance attached to protecting the accuracy and validity of official documents and records. An offender can be liable to imprisonment for up to five years, which is a substantial period of time. Moreover, the provision operates effectively to deter individuals from committing a criminal act of this kind. Those who are authorized or required by law to issue certifications, extracts, or certificates are cautioned by the law against issuing documents that do not conform to established regulations and protocols. This discourages those individuals from acting negligently or with malice when carrying out these duties. Another critical aspect of this provision is that it assigns equal weights to the issue of fraudulent documents by individuals who are not authorized to do so. This does not differentiate between the act of falsification or fraud committed by an authorized person or by an unauthorized one. It treats all instances of fraudulent issuances of official documents with equal gravity, indicating that the repercussions of such actions are severe, regardless of who commits them. Overall, Section 378 of the Criminal Code of Canada is an integral part of Canada's criminal justice system that protects important information and ensures that officials or organizations involved in the issuance of official documents are held accountable for their actions. The provision illustrates the onus that is placed on those individuals or organizations that have access to sensitive information, emphasizing that these individuals must act diligently when working with official records and documents. Any deviation from this standard could have far-reaching consequences, both at an individual and societal level, underlining the severity attached to this section of the Criminal Code of Canada.

STRATEGY

Section 378 of the Criminal Code of Canada outlines the offense of making a false certified copy or extract from a register, record or document. This can be a serious offense that can result in imprisonment for up to five years. As such, there are several strategic considerations that individuals and organizations must keep in mind when dealing with this section of the Criminal Code. One of the key strategic considerations is ensuring that all certified copies, extracts, and certificates are accurate and truthful. This requires thorough review and verification of the information contained in the documents before they are certified. This can be accomplished through the use of internal quality control measures, such as standardized procedures and training programs, as well as external audits and oversight by regulatory bodies. Another strategic consideration is the importance of maintaining accurate and complete records. If a certified copy, extract, or certificate is required by law, it is essential that the original document is accurate and complete. This can be accomplished through the use of document management systems that ensure that all records are properly stored, indexed, and secured. One strategy that can be employed to mitigate the risk of violating Section 378 is to implement a compliance program that includes policies, procedures, and training on document management and certification. This can help to ensure that all employees, managers, and executives are aware of their responsibilities under the law and know how to properly manage and certify documents. Another strategy that can be employed is to establish a culture of integrity and transparency within the organization. This can be accomplished through the use of codes of conduct, whistle-blowing policies, and other measures that encourage employees to report any instances of wrongdoing or unethical behavior. Ultimately, the key to avoiding violations of Section 378 is to prioritize accuracy, completeness, and integrity in all document management and certification activities. This requires ongoing diligence, attention to detail, and a commitment to compliance at all levels of the organization.