section 439(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section criminalizes the deliberate alteration, removal or concealment of sea navigation signals, buoys or other sea-marks, and imposes a maximum penalty of 10 years imprisonment.

SECTION WORDING

439(2) Every one who wilfully alters, removes or conceals a signal, buoy or other sea-mark that is used for purposes of navigation is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

EXPLANATION

Section 439(2) of the Criminal Code of Canada sets out the offence of willfully altering, removing or concealing a signal, buoy or other sea-mark that is used for purposes of navigation. The purpose of this section is to ensure the safety and security of marine transportation by preventing deliberate interference with navigational aids. The section provides that anyone who knowingly interferes with marine navigation by altering, removing or concealing any sea-mark used for navigation is guilty of an indictable offence. The maximum penalty for this offence is imprisonment for up to ten years. This is a serious offence that can have significant consequences for safety and security in the marine environment. The section is designed to protect important infrastructure and navigational aids used for maritime transportation. These aids, such as buoys and other signals, play a critical role in the navigation of vessels at sea. Interference with these aids can cause confusion and lead to accidents and damage to property. By criminalizing interference with navigational aids, Section 439(2) aims to ensure that the marine environment remains safe and secure for all those who rely on it for transportation and commerce. The provision is an important part of the Criminal Code of Canada's effort to protect the safety of Canadian waters. Anyone who is involved in maritime activity must be aware of their legal obligations under this section to ensure that they are not engaging in any activity that could interfere with the safety of others.

COMMENTARY

Section 439(2) of the Criminal Code of Canada is a provision that criminalizes the wilful alteration, removal, or concealment of a signal, buoy, or any other sea-mark that is used for purposes of navigation in Canada's waters. A person who commits this offence is deemed guilty of an indictable offence and is liable to imprisonment for a term not exceeding ten years. Essentially, this provision is intended to ensure that the safety of Canada's waters is not compromised by malicious acts of individuals that seek to interfere with navigation. A buoy is a floating device that is anchored in water to mark a specific location. Navigation signals, on the other hand, are devices that aid communication between vessels and help with the safe navigation of waters. Sea-marks, in this context, refer to any physical device or structure that is erected in water to indicate a particular location or warn of hazards. The range of activities that this legislation aims to prevent is wide. Generally, any act capable of affecting the visibility, location, or functioning of these entities as they relate to navigation can trigger liability under this provision. For instance, removing a buoy from its rightful location or replacing it with a different one, covering the navigation signal to render it invisible, or altering the signal's direction or meaning to confuse other navigators, among others, qualify as offences under this section. Canada's waters hold extensive commercial and recreational value that supports several industries, including transportation, fisheries, and ecotourism. The safety of these waters, particularly ships passing through them, is crucial. Acts of sabotage that interfere with the correct functioning of navigation aids can result in serious accidents, massive property damage, loss of life, and environmental disasters. As such, this provision seeks to deter such malicious acts and to ensure that those found guilty are held accountable for their actions. The Criminal Code of Canada defines an indictable offence as one that may result in a sentence of more than two years of imprisonment. Therefore, any person found guilty of altering, removing or concealing a signal, buoy or any other sea-mark that is used for purposes of navigation may face a maximum prison sentence of ten years, depending on the severity of the offence. Moreover, a criminal conviction resulting from this section could result in life-long repercussions such as exclusion from certain professions, loss of licensing and becoming ineligible for foreign travel, among other impacts. Section 439(2) of the Criminal Code of Canada is an essential provision that safeguards Canada's waters by deterring malicious acts of individuals who seek to interfere with navigation aids and compromise their safety. The maximum sentence allows authorities to prosecute the worst offenders who intentionally carry out acts of sabotage with severe consequences. The provision sends a clear message to anyone who might consider such acts that their actions will not go unpunished. In conclusion, given the crucial role played by Canada's waterways in facilitating transportation and trade, among other uses, the need to protect them must always be a priority. Regulations such as Section 439(2) are necessary to ensure that efforts to disrupt navigation are not incentives for illegitimate gains by individuals. Prosecuting such actions, using the legal channels provided within the criminal justice system, underscores the seriousness of such regime goals. Ultimately, this provision is an essential component in ensuring that the waters of Canada are safe for all who use them.

STRATEGY

Strategic Considerations when dealing with Section 439(2) of the Criminal Code of Canada Any criminal charge can have severe consequences, potentially impacting a person's freedom, reputation, and life. Therefore, individuals who face charges under Section 439(2) of the Criminal Code of Canada should be strategic in their approach to secure the best possible outcome. 1. Seek Legal Representation It is always advisable to seek legal representation when dealing with legal charges to ensure a fair and just outcome. A criminal defense lawyer can review the evidence against an individual and provide strategic advice on how to defend a charge under Section 439(2) of the Criminal Code of Canada. Additionally, a criminal defense lawyer can negotiate on behalf of the accused and navigate the complexities of the legal system. 2. Understand the Charge One of the key strategic considerations when dealing with a charge under Section 439(2) of the Criminal Code of Canada is to fully understand the charge and its implications. The provision criminalizes the willful alteration, removal, or concealment of a sea-mark used for navigation purposes. A conviction for such an offense can result in up to ten years imprisonment, which serves as a significant deterrent. Therefore, understanding the nature of the charge is critical in developing a defense strategy. 3. Develop a Defense Strategy A defense strategy will depend on the specific circumstances of the charge and the evidence presented against an individual. Some possible defense strategies include challenging the veracity of the evidence, proving that the accused did not have the requisite intention to commit the offense, or asserting a defense of mistake or ignorance. It is the role of the criminal defense lawyer to develop a strategy that suits the individual needs of the client. 4. Consider Plea Bargaining Plea bargaining is a common strategy to resolve criminal charges through negotiation with the prosecution. Plea bargaining involves the accused agreeing to plead guilty to a lesser charge or receiving lesser punishment in exchange for a guilty plea. The decision to plea bargain or not should be based on the strength of the prosecution's case, the severity of the charge against the accused, and the risks involved in going to trial. Conclusion Section 439(2) of the Criminal Code of Canada is a severe charge that carries significant penalties. When charged with this offense, it is essential to approach the situation strategically to secure the best possible outcome. Some of the strategic considerations include seeking legal representation, understanding the charge, developing a defense strategy, and considering plea bargaining. A criminal defense lawyer can help navigate these strategic considerations to ensure the best possible outcome.