section 84(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section defines the term export in relation to the Criminal Code of Canada and includes the shipment of imported goods in transit through Canada.

SECTION WORDING

84(1) In this Part, "export" means export from Canada and, for greater certainty, includes the exportation of goods from Canada that are imported into Canada and shipped in transit through Canada;

EXPLANATION

Section 84(1) of the Criminal Code of Canada defines the term "export" in the context of Part II.1 of the Code, which deals with terrorism offences. The definition is important because it clarifies that the term "export" includes not only goods that are shipped from Canada to other countries, but also goods that are imported into Canada and then shipped in transit through Canada to a final destination. The inclusion of the latter provision is significant because it ensures that Canada's laws against terrorism are not undermined by the use of transit or other indirect shipping methods. For example, a terrorist organization could potentially import goods into Canada and ship them through the country to another destination, thereby avoiding detection and circumventing Canada's export controls. By including the import and transit provisions in the definition of "export," the Criminal Code makes it clear that such actions are also subject to Canada's terrorism laws and can lead to severe penalties. In summary, section 84(1) of the Criminal Code is a crucial provision in ensuring that Canada's laws against terrorism are effective and comprehensive. It demonstrates the importance of taking actions to prevent the use of Canadian territory for terrorist activities, regardless of the methods used to carry out such activities.

COMMENTARY

Section 84(1) is a provision included in Part II of the Criminal Code of Canada that outlines offenses related to the possession, manufacture, importation, and exportation of prohibited weapons or devices. The provision defines the term "export," which is a central concept in the criminal offenses related to the international movement of restricted items. The provision clarifies that "export" refers to the act of moving goods out of Canada and includes situations where the goods were imported into Canada for the purpose of being shipped overseas. This definition is critical for enforcing the criminal offenses related to the international trade of prohibited weapons, as it allows authorities to track and investigate goods that pass through Canada on their way to other destinations. The inclusion of this provision in the Criminal Code of Canada is an essential part of Canada's efforts to control the spread of prohibited weapons and devices across international borders. By limiting the ability of individuals or groups to move these restricted items across borders, the provision reduces the overall risk of harm caused by these dangerous objects. However, the interpretation and enforcement of this provision can be complex and challenging. For example, determining whether a specific item is considered a "prohibited weapon or device" or whether a particular shipment is covered by the provisions of the Criminal Code can require detailed knowledge of Canadian and international trade laws and regulations. Additionally, managing the logistics of tracking and investigating the movement of restricted items can be difficult, particularly given the large volume of goods that pass through Canadian ports and airports every day. The responsibility for enforcing the export provisions of the Criminal Code falls on a wide range of agencies and individuals, including law enforcement authorities, border security officers, and customs officials. Despite these challenges, the inclusion of Section 84(1) in the Criminal Code of Canada is essential for protecting Canadians from the harm caused by prohibited weapons and devices. By providing a comprehensive definition of the term "export" and clarifying the scope of the criminal offenses related to international trade, the provision helps to ensure that the Canadian justice system can effectively address this critical issue.

STRATEGY

Section 84(1) of the Criminal Code of Canada defines the term export" and its various implications. This section plays an important role in defining the offenses related to exporting weapons, firearms, and other dangerous goods from Canada. It also clarifies that the term export" does not only refer to goods exported directly from Canada but also includes the exportation of goods shipped in transit through Canada. Various strategies could be employed when dealing with this section of the Criminal Code of Canada. One of the essential components of the strategy is to ensure that all goods exported from Canada comply with the regulations set by the Canadian authorities. This includes obtaining all necessary licenses and permits, understanding the relevant export laws, and ensuring that all required documentation is in place. Another crucial consideration is to conduct due diligence on the foreign buyers or recipients of the goods being exported from Canada. This involves conducting background checks to ensure that they are legitimate, have no criminal record, and that the goods will be used for lawful purposes. This is particularly important when exporting goods that could have national security implications or could be used to commit human rights abuses. In addition to these measures, other strategic considerations include assessing the risks of the export and the potential consequences of non-compliance with the regulations. If the goods are exported illegally or without the necessary documentation, the organization and individuals involved could face criminal charges, fines, and reputational damage. It is essential to have a compliance framework in place, which highlights the regulatory requirements, policies and procedures, training, and monitoring mechanisms. Another strategy that could be employed is to work closely with the authorities to ensure compliance with the regulations. This includes developing strong relationships with the Canadian Border Services Agency (CBSA), the Royal Canadian Mounted Police (RCMP), and other relevant agencies. This collaboration could help to identify potential risks and threats and to build networks to share intelligence and information. In conclusion, Section 84(1) of the Criminal Code of Canada plays a critical role in regulating and monitoring the export of goods from Canada. To ensure compliance with the regulations, organizations must implement robust compliance frameworks and due diligence processes, assess potential risks, and build strong partnerships with relevant agencies. These strategies could help to prevent criminal activities and protect national security interests while ensuring that legitimate businesses can thrive in Canada's global trade landscape.