Criminal Code of Canada - section 62(2) - Definition of member of a force

section 62(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section defines member of a force as a member of the Canadian Forces or the armed forces of another country lawfully present in Canada.

SECTION WORDING

62(2) In this section, "member of a force" means a member of (a) the Canadian Forces; or (b) the naval, army or air forces of a state other than Canada that are lawfully present in Canada.

EXPLANATION

Section 62(2) of the Criminal Code of Canada defines the term "member of a force" for the purposes of section 62. This section deals with offences against the person committed by individuals who are members of a force, specifically the Canadian Forces or the armed forces of foreign states lawfully present in Canada. The definition of a "member of a force" is important because it determines which individuals are subject to the provisions of section 62. These provisions apply to acts committed by members of the Canadian Forces or foreign armed forces while they are on duty, and are meant to ensure that they are held accountable for their actions in the same way that civilians are. The Canadian military operates under a concept known as the "Code of Service Discipline", which is a separate legal system from the civilian criminal justice system. Section 62 is an extension of this system, allowing for members of the military to be tried under civilian law for certain offences against the person, such as assault or sexual assault. In the case of foreign armed forces lawfully present in Canada, section 62 allows for these individuals to be subject to Canadian criminal law while they are in the country. This ensures that any offences committed by members of foreign armed forces on Canadian soil are dealt with in an appropriate manner, and that justice is served for victims of crimes. Overall, section 62(2) of the Criminal Code of Canada serves to clarify who is subject to the provisions of section 62, and ensures that members of the military, both Canadian and foreign, are held accountable for their actions in a fair and just manner.

COMMENTARY

Section 62(2) of the Criminal Code of Canada defines the term member of a force" for the purposes of the following section - that is Section 62 of the Criminal Code. This section deals with the offence of unlawful drilling" - specifically, it prohibits any person from participating in, or assembling with, any body of persons with the object of practising military exercises, movements, or evolutions, without the authority of the Canadian government. In providing a definition for member of a force," Section 62(2) clarifies that the offence of unlawful drilling applies not only to members of the Canadian Forces, but also to members of foreign military forces who are present in Canada lawfully. The inclusion of the latter is quite significant as it reflects the reality that foreign military forces may occasionally be present in Canada - for example, as part of joint military exercises or for diplomatic purposes - and that Canadian law seeks to regulate their activities while they are present on Canadian soil. The fact that section 62(2) of the Criminal Code acknowledges the presence of foreign military forces on Canadian soil is reflective of Canada's international obligations and commitments. Canada is signatory to a number of international agreements and conventions which regulate the activities of foreign military personnel while they are present in another country. For instance, the Vienna Convention on Diplomatic Relations requires that diplomatic agents respect the laws of the receiving state, while the NATO Status of Forces Agreement provides a framework for the administration of justice in cases involving members of foreign military forces. It is worth noting, however, that the use of foreign military forces on Canadian soil is not without controversy. Some have raised concerns about issues such as the potential loss of Canadian sovereignty, the risk of accidents or incidents involving foreign military personnel, and the impact on Canadian communities and the environment. The inclusion of non-Canadian military personnel in Section 62(2) also highlights the potential for jurisdictional overlap and conflict in cases where foreign military personnel are involved in criminal activity. In such cases, questions may arise as to which country has jurisdiction over the individual(s) in question, and what legal framework should be applied. Such questions can be complex and difficult to resolve, and may require careful consideration of a number of legal and political factors. In summary, Section 62(2) of the Criminal Code of Canada is a provision that defines the term member of a force" for the purposes of the offence of unlawful drilling in Section 62. The provision reflects Canada's international obligations and commitments with respect to the activities of foreign military personnel on Canadian soil. It also raises important questions about issues such as jurisdictional conflict and the impact of foreign military activity on Canadian communities and the environment. Overall, the provision serves as a reminder of the complex legal and political issues that are implicated when foreign military forces are present in another country.

STRATEGY

Section 62(2) of the Criminal Code of Canada defines the term "member of a force" as a member of the Canadian Forces or the naval, army or air forces of a foreign state that are legally permitted to be present in Canada. This section is particularly applicable in cases where there is an allegation of sexual assault by a member of the armed forces. In such cases, an offender could be charged and face a court-martial rather than a civilian court. As such, there are several strategic considerations when dealing with this section of the Criminal Code of Canada. One of the most important strategic considerations is the need to protect both the victim and the integrity of the legal process. Given the nature of the crime, allegations of sexual assault by a member of the armed forces are often highly sensitive and complex. There may be a significant power imbalance between the offender and the victim, and this can have a significant impact on the victim's willingness to report the crime and participate in the legal process. It is therefore essential that any legal proceedings are handled in a manner that is supportive of the victim's needs and rights. Another crucial strategic consideration when dealing with section 62(2) is the need to ensure that the offender is subject to appropriate legal consequences. One of the challenges of dealing with cases involving members of the armed forces is that they may be subject to different legal systems than civilians. For example, if the offender is a member of the Canadian Armed Forces, they may be subject to a court-martial rather than a civilian court. This can present challenges in terms of ensuring that the offender is held accountable for their actions. To address these strategic considerations, there are several strategies that could be employed. One of the most important is to ensure that there is effective collaboration between military and civilian authorities. This can help to ensure that both the victim's needs and the legal process are appropriately supported. It can also help to ensure that the offender is subject to appropriate legal consequences. Another critical strategy is to prioritize victim-centered approaches. This means that the needs and rights of the victim are prioritized throughout the legal process. This can involve providing the victim with support and resources to help them cope with the trauma of the assault. It can also involve ensuring that the victim is informed and supported throughout the legal process. Finally, another essential strategy is to ensure that the offender is held accountable for their actions. This can involve ensuring that the legal consequences for the offender are appropriate and proportionate to the seriousness of the crime. It can also involve working with military authorities to ensure that appropriate disciplinary action is taken if the offender is a member of the armed forces. In conclusion, section 62(2) of the Criminal Code of Canada has significant implications in cases involving sexual assault by members of the armed forces. To ensure that the legal process is effective in these cases, it is essential to prioritize victim-centered approaches, collaborate effectively between military and civilian authorities, and ensure that offenders are held accountable for their actions.