section 487.055(3)

INTRODUCTION AND BRIEF DESCRIPTION

This section defines what constitutes a sexual offence for the purposes of subsection (1) of the Criminal Code of Canada.

SECTION WORDING

487.055(3) For the purposes of subsection (1), "sexual offence" means (a) an offence under any of the following provisions, namely, (i) section 151 (sexual interference), (ii) section 152 (invitation to sexual touching), (iii) section 153 (sexual exploitation), (iv) section 155 (incest), (v) subsection 212(4) (offence in relation to juvenile prostitution), (vi) section 271 (sexual assault), (vii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), and (viii) section 273 (aggravated sexual assault); (a.1) an offence under subsection 348(1) if the indictable offence referred to in that subsection is a sexual offence within the meaning of paragraph (a), (b), (c) or (d); (b) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983, namely, (i) section 144 (rape), (ii) section 146 (sexual intercourse with female under fourteen or between fourteen and sixteen), (iii) section 148 (sexual intercourse with feeble-minded, etc.), (iv) section 149 (indecent assault on female), (v) section 156 (indecent assault on male), or (vi) section 157 (acts of gross indecency); (c) an offence under paragraph 153(1)(a) (sexual intercourse with step-daughter, etc.) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read from time to time before January 1, 1988; and (d) an attempt to commit an offence referred to in any of paragraphs (a) to (c).

EXPLANATION

Section 487.055(3) of the Criminal Code of Canada defines the term "sexual offence" for the purposes of a legal provision that allows for the disclosure of personal information to individuals who may face a risk of harm from a person who has been charged with or convicted of a sexual offence. This provision helps to protect the safety and wellbeing of potential victims of sexual misconduct. The section outlines a broad range of offences that are considered to be sexual in nature. This includes offences involving sexual interference with a child, sexual exploitation, incest, and sexual assault or aggravated sexual assault. It also includes offences related to prostitution involving juveniles and attempts to commit any of these offences. Notably, the section also recognizes certain offences related to sexual misconduct that were part of earlier versions of the Criminal Code prior to January 4, 1983, or January 1, 1988. These historic offences include rape, indecent assault, and acts of gross indecency. By clearly defining the scope of sexual offences in this way, Section 487.055(3) helps to ensure that individuals who may be at risk of harm from a person with a history of sexual misconduct have access to relevant information that can help them make informed decisions about their own safety.

COMMENTARY

Section 487.055(3) of the Criminal Code of Canada provides a definition of the term "sexual offence" for the purposes of subsection (1). This definition includes several specific offences, such as sexual interference, invitation to sexual touching, sexual exploitation, incest, and sexual assault. It also includes offences related to juvenile prostitution and aggravated sexual assault. The inclusion of these offences in the definition of "sexual offence" is significant because it allows law enforcement officials to obtain search warrants and production orders without having to establish reasonable grounds to believe that a specific offence has been committed. This is done to facilitate the investigation of these types of offences, which are often difficult to prosecute due to issues such as lack of evidence and witness credibility. The definition of "sexual offence" also includes certain historical offences, such as rape, sexual intercourse with a minor, indecent assault on a male or female, and acts of gross indecency. These offences were included because they represent the historical context in which Canada's sexual offences laws were developed and evolved. It is important to note that the definition of "sexual offence" in section 487.055(3) is not exhaustive. Other types of sexual offences, such as sexual harassment and voyeurism, may not be explicitly included in the definition but may still be subject to investigation and prosecution under other provisions of the Criminal Code. Overall, section 487.055(3) of the Criminal Code of Canada is an important tool for law enforcement officials to investigate and prosecute sexual offences. It provides a clear definition of what constitutes a sexual offence, which allows for more efficient and effective investigation of these types of crimes. At the same time, it is important for law enforcement officials to respect the privacy and rights of individuals who may be subject to investigation under this section of the Criminal Code, and to ensure that their actions are conducted in accordance with the law and with due regard for the rights of all individuals involved.

STRATEGY

Section 487.055(3) of the Criminal Code of Canada is an important provision when dealing with sexual offences. This section defines what constitutes a sexual offence and the circumstances under which special investigative techniques can be used to investigate and gather evidence in relation to these offences. When dealing with this section, there are several strategic considerations that should be taken into account. One of the main considerations is the importance of ensuring that any evidence gathered using special investigative techniques is admissible in court. This means that the investigative techniques used should be conducted in a manner that does not violate the rights of the accused person and that the evidence obtained is relevant and reliable. Another strategic consideration is the need to balance the rights of the accused with the public interest in investigating and prosecuting sexual offences. This requires careful consideration of the specific circumstances of each case, including the nature and severity of the alleged offence, the potential harm to the victim, and the need to protect other members of the community from similar offences. One strategy that could be employed when dealing with this section is to ensure that investigators and prosecutors are trained and equipped to effectively investigate and prosecute sexual offences. This may include providing specialized training to law enforcement officers and prosecutors, as well as providing resources and support services for victims of sexual offences. Another strategy could be to promote greater public awareness and education about sexual offences. This could involve providing information to the public about the nature and scope of sexual offences, as well as providing information about the services and resources available to victims of these offences. Overall, when dealing with this section of the Criminal Code of Canada, it is important to take a balanced and strategic approach that prioritizes the rights of the accused while also ensuring that justice is served for victims of sexual offences.