Criminal Code of Canada - section 408 - Passing off

section 408

INTRODUCTION AND BRIEF DESCRIPTION

Section 408 of the Criminal Code of Canada prohibits passing off other wares or services as those ordered or required, or making use of false descriptions in association with wares or services with intent to deceive or defraud the public or any person.

SECTION WORDING

408 Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not, (a) passes off other wares or services as and for those ordered or required; or (b) makes use, in association with wares or services, of any description that is false in a material respect regarding (i) the kind, quality, quantity or composition, (ii) the geographical origin, or (iii) the mode of the manufacture, production or performance of those wares or services.

EXPLANATION

Section 408 of the Criminal Code of Canada is a provision that prohibits deceptive and fraudulent practices intended to deceive the public or any person. The section outlines two specific offenses that fall under this provision: passing off other wares or services as and for those ordered or required, and making use of false descriptions in association with wares or services. The first offense occurs when an individual intentionally deceives a customer by providing them with wares or services that are different from those that were ordered or required. This is often done to cheat or defraud the customer and can result in significant financial losses. The second offense occurs when an individual makes use of false descriptions in association with wares or services. This can include misrepresenting the kind, quality, quantity, composition, geographical origin, or mode of manufacture or production of the wares or services. These offenses are considered to be serious crimes and are punishable by law. The penalties for these offences can include fines, imprisonment, or both. The purpose of this provision is to protect consumers from dishonest business practices and to ensure that businesses operate in a fair and transparent manner. In summary, Section 408 of the Criminal Code of Canada is a critical provision that helps prevent fraudulent practices in the marketplace and protects consumers from deception. It is an essential tool for law enforcement to hold individuals or businesses accountable for their actions and to promote transparency and honesty in business.

COMMENTARY

Section 408 of the Criminal Code of Canada (CCC) provides for the criminalization of actions that are intended to deceive or defraud the public or any person, whether known or unknown, by passing off wares or services as and for those ordered or by making use of false descriptions in association with wares or services. This provision is aimed at protecting the public and preventing fraudulent and deceptive practices in the marketplace. The section covers various forms of fraudulent and deceptive practices that are often seen in the marketplace. For instance, it criminalizes the passing off of goods or services that are not actually what the customer ordered or required. This could happen in situations where a business knowingly provides products or services that are of inferior quality, different from what was agreed upon, or defective. Similarly, the section also criminalizes the use of false descriptions in association with goods or services. This could include false claims about the kind, quality, quantity, composition, geographical origin, or the mode of the manufacture, production, or performance of the product or service being offered. For instance, a business may claim that its products are organic, when they are not, or that they are made from locally sourced ingredients, when they are not. The importance of this provision cannot be overstated, as fraudulent and deceptive practices can have severe consequences for the public and the marketplace. In many cases, such practices can result in the loss of money, reputation, and trust, as well as harm to the health and safety of consumers. For instance, a business that sells counterfeit pharmaceuticals as genuine, or falsely claims that its products are safe for children, can cause serious harm to consumers. Under the CCC, the offence of passing off or using false descriptions in association with goods or services is a hybrid offence, which means that it can be prosecuted either by indictment or by summary conviction. The penalties for such offences also vary depending on the severity of the offence and the harm caused. Individuals convicted of such offences could face imprisonment or fines, or both. The provision also provides for additional penalties, such as the forfeiture of property that was used in the commission of the offence. This could include items such as counterfeit goods, false advertising material, or any other items or assets that were used to deceive or defraud the public. In conclusion, section 408 of the CCC plays a critical role in protecting the public and preventing fraudulent and deceptive practices in the marketplace. The provision criminalizes various forms of such practices, and provides for severe penalties, which are aimed at deterring individuals and businesses from engaging in such behaviour. Overall, this section serves as an important tool in maintaining the integrity and trustworthiness of the marketplace, and ensuring that consumers are protected from harm.

STRATEGY

Section 408 of the Criminal Code of Canada is one of the many laws that are put in place to protect consumers from deceitful and fraudulent practices. It is important for businesses to be aware of this section of the Code and the penalties that can be incurred for violating it. One of the key strategic considerations when dealing with this section of the Criminal Code of Canada is to ensure that the information provided about the products or services being sold is accurate and honest. This helps to build trust with customers and reduces the risk of violating the section. It is also important for businesses to have strong policies and procedures in place for verifying the accuracy of the information provided to customers. Another key strategic consideration when dealing with this section of the Criminal Code of Canada is to have robust communication strategies in place. Businesses should be transparent about their products or services and the associated risks and benefits. They should also provide clear and concise instructions for using the products or services so that customers know exactly what they are getting and what to expect. Businesses that operate in multiple jurisdictions should also be aware of the different regulations and laws that apply in each location. This is especially important when selling products or services that are subject to varying regulations or standards in different regions. Businesses should work with legal experts to ensure that all of their operations are compliant with relevant regulations and laws in each of the jurisdictions where they do business. When it comes to strategies that businesses can employ to comply with Section 408 of the Criminal Code of Canada, one effective approach is to focus on transparency and honesty. This means being truthful about the products or services being sold, and avoiding making false claims or promises about their performance or quality. Another strategy is to provide clear and concise information about the products or services being sold, including details about their origins, composition and manufacturing processes. This helps to build trust with customers and reduces the risk of violating Section 408 by misleading them about the products or services being sold. Finally, businesses can instill a culture of ethical conduct throughout their organizations by establishing clear guidelines and standards for their employees. This includes training staff on ethical business practices, and taking action to hold employees accountable when they violate these standards. By doing so, businesses can demonstrate a commitment to integrity and compliance, and avoid the risk of violating Section 408 of the Criminal Code of Canada.