INTRODUCTION AND BRIEF DESCRIPTION
This section states that someone who legally obtains something prohibited by the Criminal Code of Canada and disposes of it within a reasonable time is not subject to punishment.
SECTION WORDING
96(3) Subsection (1) does not apply to a person who comes into possession of anything referred to in that subsection by the operation of law and who lawfully disposes of it within a reasonable period after acquiring possession of it.
EXPLANATION
Section 96(3) of the Criminal Code of Canada is a provision that exempts individuals who come into possession of any property referred to in subsection (1) by the operation of the law from being prosecuted for the offence of possession of stolen property. The section provides a defense for those who obtain possession of property that has been stolen and then legally dispose of it within a reasonable time. The purpose of this provision is to recognize that there are certain situations where people may come into possession of stolen property without any knowledge or involvement in the crime, such as inheriting property or receiving it as part of an estate settlement. Without such a provision, individuals in these circumstances could be charged with an offence under subsection (1) of the Criminal Code. To qualify for the exemption under Section 96(3), the person must acquire possession of the property by operation of law, meaning that it must be obtained through legal means, which could include receiving it as an inheritance from a relative or being awarded it in a divorce settlement. The person must then also dispose of it lawfully within a reasonable period, which generally means as soon as practicable. In conclusion, Section 96(3) provides a legal defense for individuals who unknowingly come into possession of stolen property through the operation of the law and dispose of it lawfully within a reasonable time. It aims to prevent prosecution of innocent individuals while still ensuring that stolen property is not allowed to circulate in the community.
COMMENTARY
Section 96(3) of the Criminal Code of Canada is a provision that protects individuals who unintentionally come into possession of something that is illegal or against the law. This law recognizes that sometimes people acquire property or items that they were not aware of the illegality or the fact that it was obtained unlawfully. It offers a defense to those individuals who dispose of such property within a reasonable time frame. This section of the Criminal Code is mainly intended to provide a defense to people who acquire property by default or by accident. The clause allows them to dispose of it within a reasonable time frame without being criminally charged or prosecuted. The law recognizes that individuals may not have knowledge of the illegal nature or the unlawfulness of the property they possess. Hence this provision is designed to ensure that people are not punished for instances where they were unaware of the illegal nature of the property or the fact that it was obtained unlawfully. Furthermore, this clause encourages people to do the right thing and turn over any property or items that are illegal or obtained through illegal means. This can help to reduce crime and make communities safer. It also provides a reasonable way for people to dispose of the property that has come into their possession lawfully, which can prevent them from inadvertently breaking the law. It is important to note that while this section of the Criminal Code provides a defense to those who dispose of illegal property in a reasonable time frame, it does not offer protection to those who knowingly acquire these items for their personal benefit. The law still holds individuals accountable for knowingly acquiring or possessing property that is illegal or against the law. Another essential aspect of this provision is the definition of 'reasonable period.' It is left to the discretion of the court to determine what constitutes a reasonable time frame within which one should dispose of the illegally obtained property. The assessment of the duration is dependent on various factors such as the nature of the property, the complexity and difficulty of disposal, and the efforts taken to dispose of the property. The courts typically consider the specific circumstances of each case and make a decision based on the facts presented in court. To conclude, Section 96(3) of the Criminal Code of Canada is a provision that provides defense to those who inadvertently come into possession of property that is illegal. This law recognizes that sometimes people may not be aware of the illegal nature of the property they possess and offers them protection to dispose of the property in a reasonable time frame to avoid penalty or prosecution. However, it is important for individuals to act responsibly and turn over any property that is illegal or obtained through illegal means to make communities safer and prevent them from inadvertently breaking the law.
STRATEGY
Section 96(3) of the Criminal Code of Canada provides immunity from criminal liability for a person who comes into possession of something by the operation of law and then disposes of it within a reasonable period. The section recognizes that sometimes people may unwittingly come into possession of crime-related assets, such as stolen property or the proceeds of a crime, and that they should not be punished for something outside their control. However, despite the immunity provided by the section, there are many strategic considerations that one must keep in mind when they come into possession of something from an unknown origin. This is particularly true given the fact that, in some instances, the police may investigate and seize assets from innocent individuals simply because they were suspected of being involved in some criminal activity. One of the most important strategic considerations is to conduct due diligence and understand the nature and the origin of the item(s) in question. This means verifying the source of the assets and ensuring they are not illicitly obtained. Oftentimes, it can be difficult to know the origin of a particular asset; however, by conducting a thorough investigation, individuals can ensure that they are not inadvertently involved in anything illegal. Another important consideration is timing. The Criminal Code specifies that a person who comes into possession of anything by the operation of law must dispose of it within a reasonable period. Therefore, it is important to dispose of the item(s) in a timely manner rather than holding onto them for an extended period, which could lead to suspicion and further investigation. A reasonable period will depend on the specific facts of each case, but generally, disposing of assets within weeks, or at most, a few months is advisable. One effective strategy is to seek legal advice. A lawyer can provide guidance on how to proceed when dealing with specific asset forfeiture situations. They can also advise on the best course of action to take when the source and origins of the asset(s) are unclear. By engaging the services of a lawyer, individuals can protect themselves against legal implications that could arise. Furthermore, engaging a professional asset recovery firm can be effective when dealing with assets of unknown origin. These firms are experienced in identifying and recovering assets obtained through lawful means, and in some cases, they can offer to purchase the assets from a person. This strategy can be a good option for organizations or individuals who are uncomfortable managing assets of unknown origin but still want to engage in ethical asset disposal practices. Overall, it is essential that individuals understand the potential legal and reputational risks associated with receiving assets of unknown origin. Strategic planning and due diligence can help minimize these risks, and engaging legal counsel or asset recovery firms are effective strategies in dealing with section 96(3) of the Criminal Code of Canada.