INTRODUCTION AND BRIEF DESCRIPTION
Anyone who commits an offence under subsection (1) and causes the death of another person will face life imprisonment.
SECTION WORDING
83.231(4) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life. 2004, c. 15, s. 32.
EXPLANATION
Section 83.231(4) of the Criminal Code of Canada addresses the serious nature of terrorism and its potentially deadly consequences. This section specifies that anyone who commits an offence under subsection (1) of the same section and causes the death of another person will be found guilty of an indictable offence and could face a life sentence behind bars. The wider context of this provision is that it is part of a broader set of laws and provisions designed to combat and prevent terrorism in Canada. The Criminal Code of Canada includes a range of provisions related to terrorism, including those that deal with the financing of terrorism, the making of explosives, and the possession of weapons for terrorist purposes. Compliance with these regulations is important because terrorism poses a significant threat to the security of Canada and its citizens. Acts of terror can cause physical harm, psychological trauma, and can lead to the loss of life. They can also disrupt essential public services and traffic flows, causing widespread harm to society. By criminalizing such actions and ensuring that those who perpetrate them will face severe legal consequences, Canada is sending a clear message that terrorism will not be tolerated and that anyone who engages in such acts will be held accountable. Overall, Section 83.231(4) is an important section of the Criminal Code of Canada that emphasizes the seriousness of terrorism and the need to deter such acts by imposing harsh penalties on those who perpetrate them.
COMMENTARY
Section 83.231(4) of the Criminal Code of Canada establishes the legal consequences of committing an act of terrorism that results in the death of another person. This provision is essential in maintaining a just and safe society, as it sends a clear message that those who engage in terrorism will face severe penalties, including life imprisonment. Terrorism is one of the most heinous crimes a person can commit, as it involves causing harm to innocent people in the name of an ideology or political belief. The impact of terrorism can be devastating, as it can lead to loss of life, physical injuries, and psychological trauma for survivors and their families. Therefore, it is appropriate for the law to designate terrorism as a serious offence, punishable by life imprisonment for those who take the lives of others. Section 83.231(4) is an amendment to the Criminal Code of Canada that was introduced in 2004 as part of the Anti-terrorism Act. The act was passed in response to the events of September 11, 2001, and sought to enhance Canada's ability to prevent and respond to acts of terrorism. One of the key changes made by the act was the creation of more severe penalties for those who engage in terrorism. The provision under discussion applies to individuals who commit an offence under subsection (1) of section 83.231 of the Criminal Code, and that offence results in the death of another person. Subsection (1) outlines the act of terrorism, which is a planned and deliberate act that is intended to cause death or serious bodily harm, endanger a person's life, or cause substantial damage to property. Therefore, the provision only applies to those who intentionally cause harm through terrorism, and not those who may have unintentionally caused harm. The punishment for committing an act of terrorism that results in death is life imprisonment, which is the most severe penalty under Canadian law. Life imprisonment means that the offender must remain in prison for the rest of their life, unless they receive a pardon or are granted parole. In practice, offenders may be eligible for parole after serving a period of their sentence, but this decision is made by the Parole Board of Canada and is based on factors such as the offender's behaviour in prison and their likelihood of reoffending. The provision is intended to serve as a deterrent against terrorism and to ensure that those who engage in such acts face severe consequences. It sends a clear message that terrorism will not be tolerated in Canada and that the penalty for taking a life through terrorism is the most severe punishment available under Canadian law. In conclusion, section 83.231(4) of the Criminal Code of Canada is an essential provision that helps ensure that those who engage in acts of terrorism and cause the death of another person are held accountable for their actions. It is a reflection of Canadian society's commitment to protecting the safety and security of its citizens, as well as our shared sense of justice and respect for human life.
STRATEGY
When dealing with section 83.231(4) of the Criminal Code of Canada, which deals with committing an offence under subsection (1) and causing the death of another person, there are several strategic considerations that must be taken into account. These considerations include the nature and severity of the offence, the potential defences that may be available, the likelihood of conviction, and the potential penalties that may be imposed. One of the key strategic considerations is the nature and severity of the offence. As section 83.231(4) is an indictable offence, it is considered to be a serious criminal offence. This means that the consequences of a conviction can be severe, including long-term imprisonment and a criminal record. As a result, it is essential to carefully consider the circumstances of the offence, including any mitigating factors that may be present, in order to develop a strong defence strategy. Another important strategic consideration is the potential defences that may be available. There are a number of defences that may be available in cases involving section 83.231(4), including self-defence, duress, and necessity. Additionally, the prosecution must prove beyond a reasonable doubt that the accused caused the death of the other person. This means that there may be opportunities to challenge the evidence presented by the prosecution, or to argue that the accused did not have the requisite intent to commit the offence. The likelihood of conviction is also a significant consideration when developing a strategy in cases involving section 83.231(4). The prosecution must prove all elements of the offence beyond a reasonable doubt. This means that the defence can challenge the prosecution's case in a variety of ways, including by challenging the evidence, questioning the credibility of witnesses, or presenting alternative explanations for the events in question. By carefully assessing the strength of the prosecution's case, it is possible to develop a defence strategy that maximizes the chances of a favourable outcome. Finally, the potential penalties associated with a conviction under section 83.231(4) must be taken into account when developing a strategy. As noted above, the penalties for an indictable offence under this section can be severe, including a term of life imprisonment. It is therefore essential to consider all possible avenues for reducing or mitigating the potential penalties, such as by seeking a plea bargain or arguing for a lesser sentence. In terms of strategies that could be employed in cases involving section 83.231(4), there are several potential approaches that could be taken. One approach might be to challenge the prosecution's case on the basis of insufficient evidence. This could involve questioning the credibility of witnesses, challenging the reliability of forensic evidence, or introducing alternative explanations for the events in question. Another potential strategy might be to argue that the accused was acting under duress or necessity at the time of the offence, which could mitigate the severity of the charges. Other potential strategies might include seeking a plea bargain, negotiating a reduced sentence, or exploring opportunities for alternative forms of sentencing such as rehabilitation or community service. Ultimately, the most effective strategy will depend on the specific circumstances of the case, as well as the priorities and goals of the accused and their legal team. By carefully considering all relevant factors and assessing the strengths and weaknesses of all available defences, it is possible to develop a strategic approach that maximizes the chances of a favourable outcome.