INTRODUCTION AND BRIEF DESCRIPTION
Offences under subsection 89(1) are punishable on summary conviction.
SECTION WORDING
89(2) Every person who commits an offence under subsection (1) is guilty of an offence punishable on summary conviction.
EXPLANATION
Section 89(2) of the Criminal Code of Canada outlines the legal consequences of committing an offence under subsection (1). Subsection (1) prohibits individuals from being a member of a terrorist group or participating in its activities. A terrorist group is defined as any group that advocates, plans, or engages in terrorist activities, including causing death or serious bodily harm, endangering the lives of persons, or causing significant damage to property. If an individual is found guilty of violating subsection (1), they will be subject to punishment on summary conviction. This means that the individual can be sentenced to a maximum of two years imprisonment, a fine, or both, based on the discretion of the court. The use of summary conviction is generally reserved for less serious offences, where the penalty is relatively minor and does not create a significant impact on the offender's criminal record. The severity of the offence lies in the fact that it pertains to terrorist activities. Terrorist actions can result in loss of human life, extensive damage to property or infrastructure, and promote fear and violence in communities. The legislation, therefore, seeks to deter individuals from engaging in terrorist activities or membership in terrorist groups. The use of subsection (2) to impose punishment by summary conviction aims to provide a deterrent and facilitate the swift administration of justice, as such offences are typically perceived to be less severe than other crimes prosecuted through indictment. In conclusion, section 89(2) highlights the legal consequences of contravening subsection (1) of the Criminal Code of Canada, which prohibits individuals from belonging to or carrying out activities for a terrorist group. The use of summary conviction in this context is a necessary measure to combat terrorism, and it represents the government's commitment to the protection of its citizens from acts of terror.
COMMENTARY
Section 89(2) of the Criminal Code of Canada deals with the punishment that should be meted out to individuals who commit an offense under subsection (1) of the same section. Subsection (1) states that every person who carries or possesses any weapon, device or substance for the purpose of causing death or injury to a member of the police force or any other person lawfully engaged in the performance of their duties is guilty of a criminal offense. Given the seriousness of this offense, it is critical to examine the implications of the punishment provided for under subsection (2). The first thing to note is that an offense under subsection (1) is a criminal offense. This means that it attracts severe punishment and could result in a criminal record for the offender. An individual found guilty of an offense under subsection (1) will be regarded as a criminal, which would affect their life in several ways. For one, having a criminal record can limit job opportunities as many employers conduct background checks before hiring. Secondly, having a criminal record can impact an individual's ability to travel and obtain visas to other countries. This shows that the punishment provided under subsection (2) is not to be taken lightly. Secondly, subsection (2) states that the offender is guilty of an offense punishable on summary conviction. This essentially means that the offence is considered by the court to be of a less serious nature and can be handled summarily. Summary conviction means that the offender is tried and sentenced by a judge in the absence of a jury. The punishment under summary conviction usually involves fines and/or imprisonment for a period that does not exceed two years. This means that individuals found guilty under this subsection could face significant fines or several months of imprisonment. Thirdly, the punishment provided under subsection (2) means that there is no mandatory minimum sentence for this offence. The judge, therefore, has discretion in deciding what the sentence should be for those found guilty. This means that the sentence for an offense under subsection (1) could range from a fine to several months of imprisonment. The judge would consider factors such as the severity of the offence and the offender's criminal history in determining the sentence. Overall, section 89(2) of the Criminal Code of Canada provides a suitable punishment for individuals who commit an offence under subsection (1). The punishment is severe enough to deter potential offenders while giving the judge discretion in determining the sentence. It is critical for individuals to know that carrying or possessing any weapon, device or substance for the purpose of causing death or injury to law enforcement or any other person is a criminal offense that attracts significant punishment. The punishment provided under subsection (2) is indicative of the seriousness of the offence and underscores the importance of respecting law enforcement and their mandates.
STRATEGY
Section 89(2) of the Criminal Code of Canada is a serious provision that outlines the penalties for those convicted of an offence under subsection (1). This provision dictates that anyone who violates the provisions of subsection (1) is guilty of an offence, the severity of which depends on the nature of the crime committed. For instance, the penalty may vary from a fine to imprisonment, depending on the severity of the crime. Therefore, it is essential to carefully consider and plan several strategies when dealing with this provision. One of the main strategic considerations when dealing with Section 89(2) of the Criminal Code of Canada is to understand the essential elements of the crime outlined in subsection (1). This means that lawyers and other legal professionals must know the types of offences that fall under this subsection, the evidentiary requirements to prove the offence, and the severity of the possible penalties. Additionally, they need to understand the legal defences available and how to refute the Crown's case to exonerate their client. Another critical factor when dealing with Section 89(2) is to understand the sentencing principles that apply in criminal law. This means that lawyers must be aware of the factors that judges consider when sentencing criminals in Canada. These factors may include the offender's criminal history, level of remorse, harm caused to the victim(s), and the general deterrence of the criminal justice system. By understanding these principles, lawyers can structure their defence to mitigate the potential impacts of these factors on the charges their clients are facing. In addition to understanding the essential elements of the crime and the sentencing principles, several strategies can help to deal with Section 89(2) of the Criminal Code of Canada effectively. One approach is to contest the evidence presented in court by the Crown. This includes presenting evidence that contradicts the Crown's evidence, such as challenging the reliability of eyewitness testimony or contesting the validity of forensic evidence. By doing so, the defence can undermine the Crown's case, reducing the likelihood of a conviction. Another strategy is to explore the possibility of plea bargaining. This approach involves negotiating with the Crown prosecutor to reduce the charges or penalties for the offence. The goal is to reach a mutually acceptable agreement that reduces the severity of the charges or penalties while still protecting the client's interests. Plea-bargaining is especially useful in cases where the evidence against the client is strong, and the chances of a successful defence are limited. Lastly, it is crucial to seek consultation and advice from criminal defence experts. These experts can provide valuable insights into the legal requirements and strategies to effectively defend a case under Section 89(2) of the Criminal Code of Canada. Their expertise and knowledge of the Canadian Criminal justice system can provide the knowledge and resources needed to fight the charges and achieve the best possible outcome for the client. In conclusion, Section 89(2) of the Criminal Code of Canada is a serious provision that outlines the penalties for anyone convicted of an offence under subsection (1). It is crucial to understand the essential elements of the offence, the sentencing principles, and the legal defences available. Additionally, several strategies, such as evidence contestation, plea bargaining, and seeking consultation from experts, can help to achieve the best possible outcome for the client.