INTRODUCTION AND BRIEF DESCRIPTION
Forgery of a passport or using a forged passport as if it were genuine is an indictable offence punishable with up to fourteen years of imprisonment.
SECTION WORDING
57. (1) Every one who, while in or out of Canada, (a) forges a passport, or (b) knowing that a passport is forged (i) uses, deals with or acts on it, or (ii) causes or attempts to cause any person to use, deal with or act on it, as if the passport were genuine, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
EXPLANATION
Section 57(1) of the Criminal Code of Canada criminalizes the forging of passports. Specifically, any person who forges a passport, which could mean creating a fake passport or altering an existing one, while either inside or outside of Canada, is guilty of an indictable offence. Those found guilty of such an offence can face imprisonment for up to 14 years. Additionally, the section also criminalizes the use of a forged passport. Those who know that a passport is forged and use, deal with or act on it, or attempt to cause another person to use the passport as if it were genuine, can also be found guilty of an indictable offence. This provision reinforces the serious nature of passport forgery and emphasizes that every person who uses a forged passport is just as culpable as the person who created it. Section 57(1) of the Criminal Code aims to prevent passport fraud, which is a significant global problem that often intersects with other criminal activities such as human trafficking, drug trafficking and terrorism. For instance, criminals often use forged passports to conceal their identities while traveling to engage in such activities. By criminalizing the forging and use of passports, the Criminal Code of Canada seeks to mitigate the negative consequences of such criminal conduct.
COMMENTARY
Section 57(1) of the Criminal Code of Canada deals with the offence of passport forgery or the possession and use of a forged passport. This legislation is important in ensuring the security of the country and protecting Canadian citizens from identity theft or fraud. Passports are crucial identification documents that allow individuals to travel internationally. They contain a person's personal information and are typically issued by the government of a country. Passport forgery, however, is a serious crime that involves the creation or possession of a passport that has been altered or entirely fabricated. This could include changing the dates of validity, adding false visa endorsements, or even creating a passport from scratch using false information. Under Section 57(1) of the Criminal Code of Canada, any person who engages in passport forgery or uses a forged passport for travel is guilty of an indictable offense. If convicted, they can be sentenced to serve up to fourteen years in prison. This serves as a significant deterrent to individuals who may be considering committing this offense. The legislation encompasses both those who create or possess false passports, as well as those who knowingly use them. It recognizes that simply having a fake passport or using one is a serious offense, despite the fact that the person may not have been directly involved in its creation or alteration. This makes it clear that the possession or use of a forged passport is a serious crime that will not be tolerated. The use of a forged passport can have severe consequences, potentially leading to international incidents, criminal investigations, and government sanctions. Given the potential impact of passport forgery, it is essential that measures are in place to prevent it from occurring. Section 57(1) of the Criminal Code of Canada serves as one such measure. While some may argue that harsh sentences such as fourteen years in prison are excessive for a non-violent crime such as passport forgery, it is important to consider the potential harm caused by the use of a fraudulent passport. A fake passport could be used to gain access to secure areas or engage in criminal activities, putting individuals and communities at risk. In conclusion, Section 57(1) of the Criminal Code of Canada is a critical piece of legislation in protecting Canadian citizens and ensuring the security of the country. It sends a strong message that passport forgery is a serious crime that will not be taken lightly. The existence of such laws is essential in maintaining the integrity of government-issued documents and ensuring the safety and security of the public.
STRATEGY
Section 57(1) of the Criminal Code of Canada criminalizes forging a passport or knowingly using one knowing that it is forged. The penalties associated with this offence are severe, with a maximum jail term of 14 years. As such, anyone charged with this offence needs to understand the possible consequences of a conviction and take steps to prepare for their defence to avoid such a result. When dealing with this section of the Criminal Code of Canada, strategic considerations are essential. The most effective strategy would be to avoid the commission of the offence entirely. Parties that may be involved in the use of passports should ensure that they obtain passports through legal means or avoid its use if they have any doubts about its legitimacy. If someone is charged with the offence of using a forged passport, they should ensure that their lawyers are adequately experienced to assist them with the process. The legal implications of a conviction are severe, and without a competent legal representation, the risks of unfavourable outcomes are significantly higher. One crucial strategic consideration is the collection of evidence, which could prove helpful in defence against the charges. Depending on the case's circumstances, this evidence may include documentation of the means by which the passport was obtained, communications with the parties involved, and any actions taken to verify the passport's authenticity. Another strategic consideration would be to analyze the circumstances in which the individual used the forged passport. If the passport was used for travel, some legal defences may be available depending on whether the person knew that they had a fake passport or not. Additionally, whether there was an intent to commit some other crime or not should also be considered. In some cases, mental incapacity or duress may also serve as defences. Under mental incapacity, the accused may argue that they did not understand the illegality of their actions. Duress, on the other hand, enables the accused to argue that they had no choice but to use the passport in question. In conclusion, given the severity of the penalties associated with forgery of passports or using one knowingly that it is forged, anyone charged with such an offence must exercise due diligence. The best strategy would be to avoid committing the crime altogether, but when faced with charges, retaining a competent legal representation, collecting evidence, and considering applicable legal defences are critical elements in building a sound defence. Such considerations could spell the difference between a conviction and an acquittal.
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