INTRODUCTION AND BRIEF DESCRIPTION
Section 752 of the Criminal Code of Canada defines primary designated offences, which include various forms of sexual assault, aggravated assault, and attempted murder.
SECTION WORDING
752 In this Part, "primary designated offence" means (a) an offence under any of the following provisions: (i) section 151 (sexual interference), (ii) section 152 (invitation to sexual touching), (iii) section 153 (sexual exploitation), (iv) section 155 (incest), (v) section 239 (attempt to commit murder), (vi) section 244 (discharging firearm with intent), (vii) section 267 (assault with weapon or causing bodily harm), (viii) section 268 (aggravated assault), (ix) section 271 (sexual assault), (x) section 272 (sexual assault with weapon, threats to third party or causing bodily harm), (xi) section 273 (aggravated sexual assault), and (xii) subsection 279(1) (kidnapping), (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: (i) section 144 (rape), (ii) section 145 (attempt to commit rape), (iii) section 149 (indecent assault on female), (iv) section 156 (indecent assault on male), (v) subsection 245(2) (assault causing bodily harm), and (vi) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in any of subparagraphs (i) to (v) of this paragraph, (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83: (i) section 246.1 (sexual assault), (ii) section 246.2 (sexual assault with weapon, threats to third party or causing bodily harm), and (iii) section 246.3 (aggravated sexual assault), (d) 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 1, 1988: (i) subsection 146(1) (sexual intercourse with female under age of 14), and (ii) paragraph 153(1)(a) (sexual intercourse with step-daughter), or (e) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a) to (d).
EXPLANATION
Section 752 of the Canadian Criminal Code outlines what is considered a "primary designated offence" under the law. This term refers to specific criminal charges that are considered particularly serious, typically involving violent or sexual acts. These offences encompass a wide range, from sexual interference and exploitation to murder and aggravated assault. The inclusion of past provisions from previous versions of the Criminal Code, enacted before certain years, highlights the government's commitment to justice for victims of crimes even before new provisions or laws are introduced. Additionally, the section also highlights the significance of attempted or conspiracy to commit these criminal offenses, indicating that the Canadian judicial system acknowledges the importance of prevention and illustrates their proactive stance against the public's safety. The designation of an offence as a "primary designated offence" has significant implications for the sentencing and treatment of offenders. This status indicates that the gravity of the crime is significant, and as such, the punishment will likely be severe. The courts are made aware that the harm caused by these serious offences is significant and thus requires imposing the strictest penalties available under the law. Additionally, offenders convicted of a primary designated offence may face further restrictions or scrutiny, such as limitations on their travel or mandatory parole board hearings. In brief, this section of the Criminal Code is essential in the administration of justice in Canada. The identification of these serious crimes sends a message both to victims that their suffering is acknowledged, and to potential offenders that there will be severe consequences for actions that violate the rights and security of fellow citizens.
COMMENTARY
Section 752 of the Criminal Code of Canada outlines what is considered a primary designated offence" within the legal system. This section is of great importance as it outlines some of the most serious crimes that can be committed and acts as a guide for what sentences and penalties should be given to individuals who are found guilty of these offences. The first part of the section outlines offences related to sexual assault and exploitation. Sexual assault is a grave crime and has significant repercussions for the victim, including long-term psychological trauma. This section emphasizes the severity of such crimes and is aimed at creating a deterrent effect. The provision makes it clear that those who commit sexual assault will face the full legal consequences of their actions. The second part of the section lists certain violent crimes, including attempted murder, discharging firearms, and assault with a weapon. This highlights the criminality and danger of such acts and the need for society to be protected from those who commit them. The legal system takes a strong stance against perpetrators of these crimes and aims to prevent such acts from occurring through imposing stern penalties for violators. Part (b) of the section relates to offences related to rape and assault from before 1983. Although the specific provisions listed are from an older version of the Criminal Code, they show that these crimes have been considered heinous for several decades, and as such serve as a warning to would-be offenders that such acts are not tolerated and will be severely punished. Part (c) of the section lists offences related to sexual assault that were added to the Criminal Code in 1983, according to amendments made by An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof. This indicates that the legal system is continuously evolving, and as society's attitudes towards sexual assault and exploitation change, the law is updated to reflect this. Part (d) deals with sexual offences against minors before 1988, highlighting the need to protect children and the seriousness with which the legal system views such crimes. The section also highlights the need to protect vulnerable individuals from those in positions of power who may take advantage of them. In summary, Section 752 of the Criminal Code of Canada serves as a warning against committing some of the most serious crimes a person can commit. It plays an important role in the legal system by guiding judicial decisions regarding sentencing for offenders found guilty of these acts. By highlighting the severity of sexual assault, violence and exploitation, and prioritizing the need to protect those who are vulnerable, the law serves to create a safer society. The Criminal Code of Canada reflects the country's legal consciousness and commitment against certain crimes and highlights the serious consequences a perpetrator will face upon committing such an act.
STRATEGY
Section 752 of the Criminal Code of Canada outlines the definition of a primary designated offence, which is an offence that is considered a serious offence and carries significant penalties. This section is important in the criminal justice system as it impacts the way in which these types of offences are handled and prosecuted. There are several strategic considerations that lawyers and defendants should keep in mind when dealing with this section of the Criminal Code. The first strategic consideration is to understand the gravity of the offence. Primary designated offences are considered the most serious offences under the Criminal Code and carry significant penalties. Defendants who are facing charges for these types of offences need to have a clear understanding of the potential consequences if they are found guilty. This includes a possible lengthy prison sentence, significant fines, and being placed on the sex offender registry. The second strategic consideration is to understand the limitations that may be placed on the defendant if they are found guilty. For example, a person who is convicted of a primary designated offence may be subject to a lifetime ban on owning firearms, may be prohibited from working with children, and may be subject to other restrictions. Understanding these limitations is important in order to develop a strategy for defending against the charges. The third strategic consideration is to understand the burden of proof. In order to be convicted of a primary designated offence, the prosecution must prove beyond a reasonable doubt that the defendant is guilty. This means that the defence must have a strong strategy for challenging the evidence and presenting an alternative narrative that can create doubt in the minds of the judge or jury. One strategy that could be employed is to challenge the admissibility of evidence. If there is evidence that was obtained illegally or in violation of the defendant's rights, it may not be admissible in court. This could include evidence obtained through an illegal search or evidence that was obtained without a warrant. Another strategy could be to present a strong defence based on the facts of the case. For example, the defence could argue that the alleged victim is not credible or that there is no physical evidence to support the allegations. This strategy requires a thorough investigation and analysis of the evidence in order to identify weaknesses in the prosecution's case. A third strategy could be to negotiate a plea deal that results in lesser charges or a reduced sentence. While this strategy may not be appropriate in every case, it can be an effective way to avoid the risks associated with a trial and to potentially secure a more favourable outcome for the defendant. Overall, dealing with section 752 of the Criminal Code requires a thorough understanding of the law, the facts of the case, and the potential consequences of a conviction. By developing a strong strategy and working closely with legal counsel, defendants can increase their chances of a successful outcome in court.