INTRODUCTION AND BRIEF DESCRIPTION
This section mandates a mandatory minimum sentence of two years imprisonment for anyone convicted of certain offences if the total value of the property in question is over one million dollars.
SECTION WORDING
380(1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1), the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.
EXPLANATION
Section 380(1.1) of the Criminal Code of Canada is a provision that sets a mandatory minimum sentence of two years of imprisonment for individuals who are convicted of certain types of financial crimes. Specifically, this section applies to offences under subsection 380(1) of the Criminal Code, which includes fraud, theft, and laundering of proceeds of crime. The mandatory minimum sentence under Section 380(1.1) applies when the total value of the subject-matter of the offences exceeds one million dollars. This means that if an individual is convicted of multiple financial crimes, the value of the items stolen or the proceeds of crime laundered must exceed one million dollars in total for the mandatory minimum sentence to be imposed. The purpose of this provision is to deter individuals from committing serious financial crimes by ensuring that they face significant consequences if they are caught and convicted. Additionally, the mandatory minimum sentence is intended to ensure that all offenders are treated equally under the law and that sentencing is consistent across cases. While mandatory minimum sentences are controversial in some circles, Section 380(1.1) has been upheld by Canadian courts as constitutional. It is considered an important tool in the fight against financial crime and is regularly relied upon by prosecutors to secure stiff sentences for those who engage in these types of offences.
COMMENTARY
Section 380(1.1) of the Criminal Code of Canada is a provision that imposes a minimum punishment of imprisonment for a term of two years when a person is convicted of committing one or more offences referred to in subsection (1) and the total value of the subject-matter of the offences exceeds one million dollars. The provision was introduced in 1999 as part of a series of amendments to the Criminal Code to combat white-collar crime and to ensure that offenders are held accountable for their actions. The offences referred to in subsection (1) include fraud, theft, and other similar crimes that involve the wrongful taking or misappropriation of property. These offences are often committed by corporate executives, professionals, and other white-collar workers who abuse their positions of power and authority to enrich themselves at the expense of their victims. The impact of white-collar crime can be devastating, both financially and emotionally, and can leave many victims in its wake. The minimum punishment of imprisonment for a term of two years under Section 380(1.1) reflects the seriousness and impact of white-collar crime and sends a strong message to potential offenders that these crimes will not be tolerated. This provision also serves as a deterrent to others who might be tempted to engage in similar conduct. The fact that the provision applies only to offences involving a total value of one million dollars or more underscores the severity of the crimes that are targeted by this provision. While some critics of the provision argue that it is too harsh or that it unfairly punishes offenders who may have committed less serious offences, the fact remains that white-collar crime is a serious problem that demands a strong response from law enforcement and the criminal justice system. Moreover, the provision provides an important tool for prosecutors to use in cases where the value of the subject-matter of the offences is at or above the threshold. In conclusion, Section 380(1.1) of the Criminal Code of Canada is an important provision that recognizes the serious impact of white-collar crime and provides a minimum punishment of imprisonment for a term of two years for offenders who have committed offences involving a total value of one million dollars or more. The provision serves as a deterrent to others who might be tempted to engage in similar conduct, and provides a strong message to potential offenders that these crimes will not be tolerated. As such, the provision plays a critical role in ensuring that justice is served in cases of white-collar crime.
STRATEGY
Section 380(1.1) of the Criminal Code of Canada presents significant challenges and strategic considerations for defense counsel when representing clients charged with financial crimes. These charges are often complex and require a deep understanding of both the legal and practical implications of the law. The following are some key strategic considerations and potential strategies that could be employed when dealing with this section of the Criminal Code of Canada. One of the first strategic considerations is to understand the scope of the charges and the evidence against the client. The prosecutor must establish that the total value of the subject-matter of the offenses exceeds one million dollars. This could require extensive review of financial records, bank statements, and other documents to establish the value of the subject-matter of the offenses. The defense must be prepared to challenge this evidence and may consider hiring experts to assist in this process. Another strategic consideration is to explore potential defenses. Defense counsel may argue that multiple offenses should be treated as a single offense, especially if the offenses involved similar conduct. Additionally, defense counsel may argue that the value of the subject-matter is not accurately calculated or that the client did not have the necessary intent to commit the offenses. These defenses require a thorough review of the facts and circumstances of the case and may require significant preparation and advocacy. One potential strategy is to negotiate a plea bargain. If the evidence against the client is strong, defense counsel may consider negotiating a plea deal that avoids the imposition of a minimum sentence of two years. In some cases, the prosecutor may be willing to reduce the charges to avoid a trial and the potential for an acquittal or a lesser sentence. Defense counsel should carefully consider the risks and benefits of a plea bargain and ensure that the client fully understands the consequences of accepting or rejecting a plea deal. Another strategy is to challenge the constitutionality of the minimum sentence provision in section 380(1.1). There is potential for this section of the Criminal Code of Canada to be challenged as a violation of the Charter of Rights and Freedoms, specifically section 12 which guarantees protection from cruel and unusual punishment. If successful, such a challenge could result in a reduced sentence for clients convicted of financial crimes. However, this strategy requires significant legal expertise and resources and involves substantial litigation risk. In conclusion, section 380(1.1) of the Criminal Code of Canada presents significant challenges for defense counsel representing clients charged with financial crimes. To mount a successful defense, counsel must understand the scope of the charges, explore potential defenses, and carefully consider all available options. Strategic considerations such as plea bargaining and constitutional challenges may provide options for avoiding or reducing minimum sentences in appropriate cases. Ultimately, defense counsel must be prepared to advocate zealously for their clients while navigating complex legal and practical considerations.