Criminal Code of Canada - section 82(2) - Possession in association with criminal organization

section 82(2)

INTRODUCTION AND BRIEF DESCRIPTION

Possessing or making explosive substances for the benefit of a criminal organization is an indictable offense punishable by up to 14 years in prison.

SECTION WORDING

82(2) Every person who, without lawful excuse, the proof of which lies on the person, makes or has in the possession or under the care or control of the person any explosive substance for the benefit of, at the direction of or in association with a criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

EXPLANATION

Section 82(2) of the Criminal Code of Canada is a provision that criminalizes the possession or creation of explosive substances that are intended to be used in association with criminal organizations. The section is a part of the Criminal Code's broader attempt to target and dismantle organized crime groups, which often use violence and intimidation to maintain their power and influence. The provision begins by stating that any person who makes or possesses an explosive substance "without lawful excuse" is committing an offense. The onus is on the person to show that they had a lawful excuse for creating or possessing such a substance. For example, a person who uses explosives in the course of their work as a demolition professional may be able to demonstrate a legitimate excuse for having these materials. However, if a person is found to have made or possessed an explosive substance for the benefit of, at the direction of, or in association with a criminal organization, they are guilty of an indictable offense. The potential punishment for this crime is up to 14 years of imprisonment. This provision is significant in that it criminalizes not only the use of explosives in criminal activity, but also the possession and creation of these materials. This gives law enforcement officers greater powers to investigate and disrupt illegal activity related to organized crime, as they can now intervene earlier in the preparation phase of a crime. Overall, section 82(2) serves as an important tool in the fight against organized crime and helps to protect Canadian society from the violence and harm that these groups can cause.

COMMENTARY

Section 82(2) of the Criminal Code of Canada targets individuals who create or possess explosive substances for the benefit of, at the direction of, or in association with a criminal organization. The section imposes serious criminal penalties upon those who engage in such activities, including imprisonment for a period of up to fourteen years. The principle behind the section is to prevent the creation and use of explosives for criminal purposes, including terrorism and organized crime. The possession of explosive materials for criminal purposes presents a significant threat to society. Explosive substances can be used for various criminal activities, including blowing up buildings, vehicles, and other targets. Those who create or possess these materials can pose a significant risk to public safety, and the consequences of their actions can be catastrophic. This is why the law has established severe consequences for those who engage in these activities. Section 82(2) of the Criminal Code of Canada requires the prosecution to prove that the accused had no lawful excuse for possessing or creating explosive substances. This means that the onus falls on the prosecution to demonstrate that the accused had no legitimate reason for possessing or creating these materials. Those who engage in activities such as mining or construction may have a legitimate reason for possessing certain explosive materials, and the law recognizes this fact. However, those who cannot provide evidence of a legitimate reason for possessing or creating these materials will be subject to prosecution under the section. The term 'criminal organization' is interpreted broadly in this section of the Criminal Code of Canada. It refers to any group of persons that engages in criminal activity on a regular basis. This includes organized crime groups, terrorist organizations, and other groups that engage in criminal behavior. The provision is intended to address the use of explosives in organized crime, terrorist attacks, and other similar contexts. One of the key challenges of this section is the need to prove that the accused created or possessed the explosive substance for the benefit of, at the direction of, or in association with a criminal organization. This can be difficult to prove, as such activity is often conducted in secret and without direct evidence. However, the law recognizes that criminal organizations often utilize explosives for their activities, and imposes severe criminal penalties to deter such behavior. Overall, section 82(2) of the Criminal Code of Canada is an essential provision that recognizes the serious threat that explosive substances pose to society. It imposes severe criminal penalties on those who create or possess these materials for criminal purposes and places the onus on the prosecution to prove that the accused had no lawful excuse for their actions. By doing so, the law aims to prevent the use of explosive substances in criminal activities, promoting public safety and security.

STRATEGY

Section 82(2) of the Criminal Code of Canada deals with the offence of possession or production of explosive substances by individuals associated with criminal organizations. This section is an important tool for law enforcement agencies in their efforts to prevent and prosecute organized crime and terrorism-related activities. However, the successful prosecution of this offence requires a careful analysis of the law and some strategic considerations. One of the key strategic considerations when dealing with section 82(2) is the burden of proof. The Crown must prove beyond a reasonable doubt that the accused person had no lawful excuse for possessing or producing an explosive substance and that such activity was carried out for the benefit of, at the direction of, or in association with a criminal organization. Therefore, it is important for the Crown to gather all the relevant evidence, including the accused person's communications, financial transactions, and other activities, in order to establish this connection with the organization. Another strategic consideration is the possibility of entrapment. Law enforcement agencies may use covert operations to gather evidence of criminal activities, including the production or possession of explosive substances by individuals associated with criminal organizations. However, if the accused person can prove that they were induced or encouraged to commit the offence by a state agent, they may be able to raise a defence of entrapment. Therefore, law enforcement agencies must ensure that their activities do not exceed what is necessary to detect and prevent the offence. A third strategic consideration is the possibility of collusion or corruption among law enforcement officials or other individuals involved in the prosecution of the offence. Given the serious nature of the offence, there is a risk that some individuals may be tempted to engage in corrupt activities, such as tampering with evidence or covering up the involvement of certain individuals in the criminal organization. Therefore, prosecutors and investigators must be vigilant and take appropriate measures to prevent such collusion or corruption. In terms of strategies, one approach is to use intelligence-led policing techniques to identify and disrupt the activities of criminal organizations involved in the production or possession of explosive substances. This may include surveillance and other monitoring activities to gather information on the activities of the organization and its members. In addition, law enforcement agencies can work closely with community organizations and other stakeholders to build trust, gather information, and raise awareness of the risks of involvement with criminal organizations. Another strategy is to use specialized investigative tools and techniques, such as wiretapping or undercover operations, to gather evidence of criminal activities. These tools can be used to gather direct evidence of the accused person's involvement in the production or possession of explosive substances, as well as to establish the connection between the accused person and the criminal organization. In conclusion, section 82(2) of the Criminal Code of Canada is an important tool for law enforcement agencies in their efforts to prevent and prosecute organized crime and terrorism-related activities. However, successful prosecution of this offence requires a careful analysis of the law and some strategic considerations. By using intelligence-led policing techniques, specialized investigative tools, and by remaining vigilant to the risk of collusion or corruption, law enforcement agencies can increase their chances of success in dealing with this offence.