section 459

INTRODUCTION AND BRIEF DESCRIPTION

It is illegal to knowingly remove any equipment or materials used in the production of coins, as well as coin, bullion, metal or a mixture of metals, from any of Her Majestys mints in Canada without lawful justification or excuse.

SECTION WORDING

459 Every one who, without lawful justification or excuse, the proof of which lies on him, knowingly conveys out of any of Her Majestys mints in Canada, (a) any machine, engine, tool, instrument, material or thing used or employed in connection with the manufacture of coins, (b) a useful part of anything mentioned in paragraph (a), or (c) coin, bullion, metal or a mixture of metals, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

EXPLANATION

Section 459 of the Criminal Code of Canada criminalizes the act of knowingly taking or conveying certain items from one of Her Majesty's mints in Canada without a lawful justification or excuse. Specifically, the items covered under this section include machines, engines, tools, instruments, materials, things, useful parts of such items, as well as coins, bullion, metals, or mixtures of metals. The penalties for violating this section are severe, with a conviction resulting in an indictable offense and imprisonment for up to fourteen years. This strict punishment reflects the gravity of the crime, as the theft or removal of any of the items listed in this section could significantly disrupt the operation of the mint and endanger the integrity of the Canadian currency. This section reflects Canada's commitment to protecting the security and stability of its currency and financial system. By explicitly criminalizing the removal of key components and materials from the Canadian mints, the law aims to deter potential thieves and safeguard the production and distribution of Canadian coins and bullion. In doing so, this section helps to ensure that those who engage in criminal activity within Canada are held accountable for their actions, thereby promoting a safer and more secure society.

COMMENTARY

Section 459 of the Criminal Code of Canada is a statute that prohibits the theft or unauthorized removal of equipment and materials from any of Her Majesty's mints in Canada. The statute is enacted to prevent any unauthorized activity that can compromise the security and integrity of the Canadian minting system. The object of this provision is to prevent any person from stealing or taking away any machinery or material from the mint that is associated with the manufacturing of currency, coins, bullion or metals. The statute is quite clear in its language and scope. As per Section 459 of the Criminal Code of Canada, any person who knowingly takes out of the mint, without any lawful justification or excuse, any machine, engine, tool, instrument, material or thing used or employed in connection with the manufacture of coins or a useful part of any of the above-mentioned items is committing an indictable offense that is punishable by law. It also includes the unauthorized removal of coins, bullion, metal, or a mixture of metals. This provision of the criminal code is vital to the safety and integrity of Canadian currency production, distribution, and circulation. Any unauthorized removal of materials or equipment from the mint can have severe consequences on economic activity, as they can be used to counterfeit Canadian coins, bullion, or metals. Counterfeiting poses a threat to the financial security of the country and, hence, cannot be undermined in any way. The fourteenth-year maximum imprisonment sentence for the crime committed under Section 459 of the Criminal Code highlights the severity of the crime and the government's commitment to the safety and security of the Canadian economy. It also acts as a deterrent to potential wrongdoers who may be tempted to commit such crimes. Furthermore, the set of exceptions mentioned in the statute is the key to distinguishing lawful from unlawful behavior. If an individual has lawful justification or excuse to transport any of the above-mentioned items, they will not be held liable under this provision. The burden to prove the lawfulness of any such transport lies on the individual claiming it. Moreover, while the statute is clear in its language, it still requires interpretative guidance from the judiciary. The courts may need to determine what constitutes 'justification' or 'excuse' under this provision, which could depend on the particular facts and circumstances surrounding each case. In conclusion, Section 459 of the Criminal Code of Canada is a crucial criminal statute that plays a critical role in safeguarding the integrity and security of Canadian currency minting and distribution. It warns against anyone who may attempt to steal or remove any equipment, material, or coin that is part of the economy. By criminalizing such activities, the law ensures that there is a significant deterrent to anyone considering engaging in criminal activity in the Canadian economy.

STRATEGY

Section 459 of the Criminal Code of Canada criminalizes the unauthorized removal of tools, materials, or coins from any of Her Majesty's mints in Canada. The section aims to protect the integrity and security of Canada's monetary system, and a violation of this provision carries a maximum penalty of 14 years imprisonment. When dealing with this section of the Criminal Code, there are various strategic considerations that must be taken into account. One of these is the importance of proving that the accused acted knowingly and without lawful justification or excuse. This means that the Crown must demonstrate that the accused knew that they were removing tools, materials, or coins from a mint without authorization and that they did not have a valid reason for doing so. Proving knowledge and intent can be challenging, and the Crown will often rely on circumstantial evidence to make its case. Another strategic consideration is the potential severity of the penalty. As a result of the serious nature of the offense, an accused who is convicted of violating Section 459 can face a lengthy term of incarceration. This can have significant consequences not only for the accused, but also for their families and loved ones. As such, it is crucial to mount a strong defense in criminal cases relating to this provision. To defend against charges under Section 459, there are several strategies that could be employed. One of these is to challenge the Crown's evidence. As mentioned, the Crown will often rely on circumstantial evidence to prove knowledge and intent. This can include things like surveillance footage, witness testimony, and other physical evidence. By examining this evidence carefully, a defense lawyer may be able to identify weaknesses or inconsistencies in the Crown's case that can be used to cast doubt on the accused's guilt. Another strategy that may be effective in defending against charges under this section is to argue that the accused had a lawful justification or excuse for their actions. This could include things like mistaken belief, duress, necessity, or other circumstances that would have made the accused's actions reasonable and justified. Such defenses can be difficult to mount but can be effective in certain cases. Overall, defending against charges under Section 459 requires a careful consideration of the evidence, legal strategy, and available defenses. It is important to work with an experienced criminal defense lawyer who can provide guidance and advice throughout the process. With the right approach and legal representation, those accused of violating this section can minimize the risk of conviction and protect their rights and interests.