section 402.2(3)

INTRODUCTION AND BRIEF DESCRIPTION

Section 402.2(3) expands the definition of an indictable offence to include several fraudulent or forged document-related offences under different sections of the Criminal Code of Canada.

SECTION WORDING

402.2(3) For the purposes of subsections (1) and (2), an indictable offence referred to in either of those subsections includes an offence under any of the following sections: (a) section 57 (forgery of or uttering forged passport); (b) section 58 (fraudulent use of certificate of citizenship); (c) section 130 (personating peace officer); (d) section 131 (perjury); (e) section 342 (theft, forgery, etc., of credit card); (f) section 362 (false pretence or false statement); (g) section 366 (forgery); (h) section 368 (use, trafficking or possession of forged document); (i) section 380 (fraud); and (j) section 403 (identity fraud).

EXPLANATION

Section 402.2(3) of the Criminal Code of Canada lays out a list of indictable offenses that are considered to be serious crimes directly related to organized crime. This section is critical for law enforcement agencies that are actively working towards dismantling criminal organizations and curbing their activities. The list of offenses includes a range of offenses such as forgery, fraud, perjury, and identity theft. These offenses are typically used to obtain funds or create false identities, which are essential for the functioning of organized crime groups. The inclusion of these offenses in section 402.2(3) means that law enforcement agencies can use this provision to arrest, prosecute and convict criminals who are involved in or associated with organized crime. The provision is particularly useful for charging individuals who may not otherwise be directly linked to organized crime groups but whose actions support them. For example, individuals who assist organized criminals by forging documents, committing fraud, or using false identities to avoid arrest may be charged under this section. Overall, section 402.2(3) is a powerful tool for law enforcement agencies working towards dismantling and curbing organized crime. This provision is used to identify, prosecute, and convict individuals who support criminal organizations through a range of criminal activities. As such, it plays a vital role in protecting the community and ensuring that offenders face justice for their crimes.

COMMENTARY

Section 402.2(3) of the Criminal Code of Canada defines certain offences that are considered indictable offences for the purposes of subsections (1) and (2). This section includes a list of ten offences that are considered serious and punishable by imprisonment for a term of two years or more. The offences listed include forgery, fraud, perjury, false pretense or statement, and identity fraud. It is important to note that these offences have a significant impact on individuals and society as a whole. Forgery and the fraudulent use of documents, such as passports or credit cards, can lead to identity theft and financial loss for victims. Perjury undermines the integrity of the legal system and can result in wrongful convictions. False pretense or statements can lead to financial fraud or other deceitful practices. Identity fraud, in particular, has become an increasingly prevalent issue in the digital age, with criminals using personal information to commit various crimes ranging from financial fraud to terrorism. These offences are taken very seriously by the Canadian legal system and are considered to be criminal acts that threaten the safety and well-being of society as a whole. The punishments for these offences are proportionate to the severity of the crime and the potential harm caused to individuals and communities. Overall, Section 402.2(3) of the Criminal Code serves as an important reminder of the gravity of forgery, fraud, perjury, false pretense or statement, and identity fraud. It underscores the need for individuals to act with honesty and integrity in their personal and professional lives and the serious consequences that can result from engaging in these types of criminal activities. It also serves as a warning to criminals that these offences will not be tolerated and will be met with severe punishment.

STRATEGY

When dealing with Section 402.2(3) of the Criminal Code of Canada, there are several strategic considerations that should be taken into account. This section outlines the offences that can lead to detention at a port of entry, which can be detrimental to the individual's immigration status. As such, it is important to carefully navigate any potential charges or accusations of the listed offences. One strategy that could be employed is to hire a skilled criminal defence lawyer who has experience with immigration law. These lawyers can help to ensure that any charges are defended thoroughly and advocate for the maintenance of the client's immigration status. They can also provide advice on how to communicate with border officers and prepare for any interviews or hearings. Another strategy is to gather as much evidence as possible to refute any charges or accusations. This could involve obtaining witness statements, surveillance footage, or other documentation that supports the individual's innocence. In some cases, it may be possible to negotiate a plea bargain or alternative sentence that does not impact the individual's immigration status. It is also important to be aware of the potential consequences of a conviction under one of the listed offences. In addition to detention at a port of entry, these offences can result in fines, imprisonment, and a criminal record. A criminal record can have long-lasting effects on an individual's ability to obtain employment, education, and housing, and may even impact their ability to remain in Canada. In conclusion, when dealing with Section 402.2(3) of the Criminal Code of Canada, the strategic considerations include working with an experienced criminal defence lawyer, gathering evidence to refute any charges, and being aware of the potential consequences of a conviction. By taking these steps, individuals can better navigate this section of the Criminal Code and protect their immigration status.