INTRODUCTION AND BRIEF DESCRIPTION

Section 94(2) of the Criminal Code of Canada outlines the penalties for committing an offense under subsection (1), either as an indictable offense or an offense punishable on summary conviction.

SECTION WORDING

94(2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or (b) is guilty of an offence punishable on summary conviction.

EXPLANATION

Section 94(2) of the Criminal Code of Canada outlines the penalties for committing an offence under subsection (1), which pertains to individuals who participate in a terrorist group or contribute to its activities. Such individuals may be subject to either an indictable offence or an offence punishable on summary conviction. An indictable offence is a more serious crime that warrants a more severe punishment. In this case, if an individual is found guilty of an offence under subsection (1)(a), they may be imprisoned for up to ten years. This means that the court may decide to sentence them to any term of imprisonment not exceeding ten years. The sentence may also include a fine or other penalties, depending on the circumstances of the crime. On the other hand, an offence punishable on summary conviction is a less serious crime that carries a lighter punishment. If an individual is found guilty of an offence under subsection (1)(b), they may be fined or imprisoned for up to six months, or both. Such offences are typically heard in provincial courts and are usually resolved more quickly than indictable offences. Section 94(2) of the Criminal Code of Canada is an essential part of the Canadian criminal justice system as it ensures that those who participate in terrorist activities or support terrorist groups face appropriate consequences. By outlining the different penalties for different types of offences under subsection (1), the courts can apply appropriate sentences that fit the severity of the crime committed and ensure that justice is served.

COMMENTARY

Section 94(2) of the Criminal Code of Canada outlines the penalties for the offence of uttering threats. This section is significant as it highlights the severity of making threats towards another person and reinforces the importance of the right to safety and security. Subsection (1) of section 94 defines the offence of uttering threats and sets out the elements required for the offence to be committed. It states that anyone who threatens to cause death or bodily harm to another person is guilty of an offence. The section further provides that the threat could be communicated in any manner, including in writing, verbally, or by any other means. Therefore, the section aims to capture any form of threat made towards another person. Subsection (2) of section 94 highlights two potential penalties for the offence of uttering threats. Firstly, an offender could be charged with an indictable offence and could receive a maximum sentence of up to ten years imprisonment. An indictable offence is deemed to be more serious than a summary conviction offence as it carries the potential for longer prison sentences and other severe consequences such as a criminal record. Secondly, an offender could be charged with an offence punishable by summary conviction. This form of penalty generally carries lesser sanctions and can include fines, probation, or a short-term imprisonment sentence of up to two years. The penalty for a person who utters threats is dependent on several factors, including the severity of the threat communicated, the circumstances in which the threat was made, and the individual's previous history of offending. For instance, an offender who makes a serious and credible threat that causes a significant fear of harm to the victim will likely face a more severe punishment. Section 94(2) serves as a deterrent to individuals who may contemplate making threatening statements as it emphasizes the severity of such actions. It also provides clarity on the range of the penalties that could result from the offence of uttering threats, which is essential for criminal justice professionals such as prosecutors, defense lawyers, judges, and parole boards in sentencing decisions. Some criticisms of the section include concerns about the subjective nature of the terms credible" and serious" regarding the threats made in subsection 94(1). These terms can be open to interpretation and could lead to potential discrepancies in sentencing. Additionally, some have argued that the current penalties under section 94 may not be effective in deterring individuals from making threats. This argument suggests that thresholds for triggering criminal sanctions may be too high for some offenders to be deterred. In conclusion, section 94(2) of the Criminal Code of Canada emphasizes the seriousness of making threats towards another person. The provision is critical in ensuring the right to safety and security for all individuals. The two potential penalties outlined in this provision provide guidance for criminal justice professionals and serve as a deterrent to potential offenders. However, more research may be necessary to determine the effectiveness of this section in preventing individuals from making threats.

STRATEGY

Section 94(2) of the Criminal Code of Canada pertains to the offence of participating in the activities of a criminal organization. This provision makes it a criminal offence for an individual to be a part of a criminal organization and to assist or contribute to its activities in any manner. It is a serious offence, and the consequences of a conviction can be severe. There are several strategic considerations that individuals and their legal representatives must take into account when dealing with this provision of the Code. Some of these strategic considerations are as follows: 1. The seriousness of the offence: As mentioned earlier, participating in the activities of a criminal organization is a serious offence that can lead to severe consequences, including imprisonment for up to ten years. As such, individuals and their legal representatives must take this offence seriously and plan their defence accordingly. 2. The burden of proof: To secure a conviction under Section 94(2), the Crown must prove beyond a reasonable doubt that the accused was a member of a criminal organization and that they knowingly participated in its activities. This burden of proof is a high standard to meet, and individuals and their legal representatives must seek ways to challenge the evidence presented and create reasonable doubt. 3. The possibility of a plea deal: In some cases, it may be in the individual's best interest to negotiate a plea deal with the Crown. This may involve the accused pleading guilty to a lesser offence in exchange for a reduced sentence. However, this decision must be made after careful consideration of the evidence against the accused and the likelihood of securing a favourable verdict. 4. The importance of legal representation: Given the seriousness of the offence, individuals facing charges under Section 94(2) must have competent legal representation. A skilled criminal defence lawyer will help their clients navigate complex legal procedures, challenge the Crown's evidence, and offer guidance on plea bargaining or trial strategy. To mitigate the risks and consequences of a conviction under Section 94(2), several strategies can be employed. (a) Challenge the evidence: One of the key strategies that can be employed in defending against charges under Section 94(2) is to challenge the Crown's evidence. This may involve showing that the accused was not aware of the criminal organization's activities or proving that they did not knowingly participate in its activities. It may also involve challenging the credibility of the Crown's witnesses or questioning the validity of their evidence. (b) Disassociate from the criminal organization: Another strategy that can be employed to defend against charges of participating in the activities of a criminal organization is to demonstrate that the accused has disassociated themselves from the organization's activities. This may involve proving that they have ceased to participate in the organization's activities or that they have left the organization entirely. (c) Negotiate a plea deal: In some cases, it may be in the accused's best interest to negotiate a plea deal with the Crown. This may involve pleading guilty to a lesser offence in exchange for a reduced sentence or avoiding the risk of a more severe punishment that could result from a conviction under Section 94(2). (d) Seek alternate dispute resolution: Alternative dispute resolution (ADR) methods such as mediation or arbitration can be used as a strategy to resolve criminal organization disputes outside of the criminal justice system. This approach offers an opportunity to find an agreeable solution for all parties involved without the threat of imprisonment. In conclusion, Section 94(2) of the Criminal Code of Canada is a serious offence, and individuals facing charges under this provision must take the matter seriously. Careful strategic considerations must be taken by both the accused and their legal representatives to challenge the Crown's evidence, negotiate a plea deal, disassociate from the criminal organization, and seek alternate dispute resolution for a favourable outcome.