section 46(3)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the conditions under which a Canadian citizen or person owing allegiance to Canada can be charged with high treason or treason.

SECTION WORDING

46(3) Notwithstanding subsection (1) or (2), a Canadian citizen or a person who owes allegiance to Her Majesty in right of Canada, (a) commits high treason if, while in or out of Canada, he does anything mentioned in subsection (1); or (b) commits treason if, while in or out of Canada, he does anything mentioned in subsection (2).

EXPLANATION

Section 46(3) of the Criminal Code of Canada deals with the offenses of high treason and treason by Canadian citizens or individuals who owe allegiance to Her Majesty in right of Canada. This section specifies that a Canadian citizen or a person who owes allegiance to the Crown in Canada will still be charged with high treason or treason if they commit any act of treasonable conduct as mentioned in subsections (1) or (2) of section 46, even if they are located outside of Canada. Subsection (1) lists the acts that would be treated as high treason such as the overt act of levying war against Canada or attempting to destroy or overthrow the government of Canada by force or violence or using any means whatsoever. Subsection (2) provides for the offense of treason and includes acts such as assisting an enemy or accepting their aid. The broad scope of this section is meant to ensure that Canadian citizens or persons who owe allegiance to the Crown in Canada remain accountable for their actions, wherever they may be committed. This is particularly important in the current era of globalization and digital communication, where acts of terrorism or espionage could be orchestrated from afar, or where individuals could engage in seditious activities to undermine Canada's national security interests. Overall, section 46(3) is an important provision in the Canadian Criminal Code that underscores the government's commitment to combating treason and high treason, and ensuring that Canadian citizens and loyalty holders do not engage in activities that undermine the security and stability of their country.

COMMENTARY

Section 46(3) of the Criminal Code of Canada is a crucial section that defines the crimes of high treason and treason in the context of Canadian law. This section specifies that Canadian citizens or persons who owe allegiance to Her Majesty in right of Canada can be charged with high treason or treason, depending on the severity of their actions. According to subsection (1) of Section 46, a person is guilty of high treason if they do any of the following: 1. Levying war against Canada or assisting an enemy at war with Canada; 2. Planning or coordinating an act of violence against the Canadian government and its officials; 3. Engaging in sabotage against Canadian industries or infrastructures with the intent of violating Canadian sovereignty; 4. Assassinating or attempting to assassinate the Canadian monarch or a member of the Royal Family. Subsection (2) of Section 46 defines treason as engaging in any of the following acts: 1. Assisting an enemy at war with Canada, without actually levying war against the nation; 2. Using force or violence to overthrow the Canadian government or any of its officials; 3. Instigating an uprising in Canada with the intention of causing public disorder or chaos; 4. Engaging in any act that disturbs public peace in Canada or puts Canadian lives in danger. Subsection (3) of Section 46, however, clarifies that Canadian citizens or persons who owe allegiance to Her Majesty in right of Canada can be charged with high treason or treason even if they commit the offenses mentioned in subsections (1) and (2) while outside of Canada. This provision is significant in light of the globalized nature of crime and terrorism. With advances in technology and transportation, it is easier than ever for individuals to plan and carry out attacks from abroad. By extending the jurisdiction of Canadian law over such offenses, Section 46(3) ensures that Canadian citizens are held accountable for their actions, regardless of where they occur. Moreover, this provision serves as a deterrent to those who may contemplate committing high treason or treason against Canada. It sends a clear message that such actions will not be tolerated and that perpetrators will face severe consequences under Canadian law. However, it is essential to note that the provision of Section 46(3) must be balanced against the principles of international law. Canada cannot apply its criminal law to acts committed entirely outside its borders without justification. Therefore, courts must evaluate the facts of each case and determine whether an offense committed abroad has a sufficient nexus to Canada to be subject to Canadian criminal law. In conclusion, Section 46(3) of the Criminal Code of Canada is an essential provision that extends the jurisdiction of Canadian law to high treason and treason committed by Canadian citizens and persons who owe allegiance to Her Majesty in right of Canada outside the nation's borders. It serves as a strong deterrent against acts of terrorism and facilitates the prosecution of offenders who threaten Canadian security and sovereignty.

STRATEGY

Section 46(3) of the Criminal Code of Canada provides the framework for treason and high treason offenses committed by Canadian citizens or persons who owe allegiance to Her Majesty in right of Canada. These offenses are considered to be the most serious crimes and can have severe consequences for both the offender and the nation. Therefore, it's imperative to take a strategic approach when dealing with these offenses. One strategic consideration when dealing with section 46(3) of the Criminal Code of Canada is to ensure that the evidentiary requirements are met. This requirement is vital as any conviction under treason or high treason offenses requires the most robust and credible evidence. The evidence provided must be beyond reasonable doubt and able to convince a judge or jury that the accused committed the offense. Additionally, the evidential proof must meet the legal principles and standards specific to the treason and high treason offenses. Therefore, investigations, evidence collection, and discovery must be thorough, timely, and meticulously executed. Another strategic consideration is to ensure that both the accused's rights and privacy are protected during the investigation and prosecution process. Many offenses under section 46(3) of the Criminal Code of Canada require the use of intrusive investigative techniques such as electronic surveillance, searches, and seizures, which may infringe on the accused's privacy rights. Moreover, the accused has the right to a fair and just trial, which means that the prosecution should provide all significant and relevant discovery material to the defense team. Therefore, a balance must be struck between the rights of the accused and the need to collect evidence and protect national security. Furthermore, when dealing with section 46(3) of the Criminal Code of Canada, strategic consideration must also be given to the national security implications and political environment. These types of offenses can have significant implications for national security and require coordination and collaboration with law enforcement agencies, intelligence agencies, and other government departments. Political considerations must also be given in high-profile cases to prevent any compromise of state secrets and diplomatic relationships with other countries. One strategy to deal with section 46(3) of the Criminal Code of Canada could be to enhance interagency and international cooperation to prevent or detect these types of offenses. Intelligence-sharing, law enforcement cooperation, and border security measures are essential strategies to mitigate the risk of high treason and treason offenses. Additionally, ongoing education, training, and awareness programs targeting key stakeholders can help prevent the recruitment of individuals into extremist groups and proactively prevent potential violations of the treason and high treason offenses. Another strategy to deal with section 46(3) of the Criminal Code of Canada could be to establish preventative measures such as legislation, regulations, policies, and procedures. These measures could be in the form of prevention and awareness campaigns aimed at schools, universities, the public, and religious institutions that promote Canadian values and democracy. Preventative measures could also involve increased cybersecurity measures to protect against cyber threats and propaganda from extremist groups. In conclusion, dealing with section 46(3) of the Criminal Code of Canada requires a strategic approach that balances the need to protect national security with an individual's rights and privacy. Strategic considerations must be given to the evidentiary requirements, privacy rights, national security implications, and political environment. Strategies such as interagency cooperation, preventative measures, and ongoing education and awareness programs can be employed to prevent and detect these types of offenses.

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