INTRODUCTION AND BRIEF DESCRIPTION
Proceedings taken against someone who relied on this section of the Criminal Code are invalid.
SECTION WORDING
117.14(4) Any proceedings taken under this Part against any person for anything done by the person in reliance of this section are a nullity.
EXPLANATION
Section 117.14(4) of the Criminal Code of Canada provides a safeguard to individuals who engage in activities that may be considered unlawful but were conducted in reliance on the provisions of this section. This section pertains to the Terrorist Financing provisions of the Criminal Code introduced in 2001 in response to the growing threat of terrorism around the world. Under this section, it is a crime to participate in activities that provide financial support to terrorist organizations. However, the provision also includes exceptions that permit certain financial transactions in limited circumstances. In particular, section 83.05 permits individuals to make financial transactions that otherwise would be illegal if they are made in good faith and exclusively for purposes other than supporting terrorism. This is commonly known as the "safe harbor" provision. Section 117.14(4) provides protection for persons who conduct financial transactions in reliance on the safe harbor provision. If any proceedings are taken against an individual for activities performed in line with this provision, those legal proceedings are void and of no effect. It is important to note that this protection only applies to activities carried out in good faith and solely for lawful purposes. In summary, Section 117.14(4) offers a critical safeguard to individuals and organizations that engage in legitimate activities but may inadvertently violate the law due to their reliance on the safe harbor provision. By providing this protection, the Criminal Code allows individuals to conduct authorized financial transactions without worrying about potential legal repercussions.
COMMENTARY
Section 117.14(4) of the Criminal Code of Canada provides protection to individuals who are acting in accordance with the requirements of this Part of the Code. Any actions taken against an individual for undertaking such activities are deemed null and void. This protection is necessary because it ensures that individuals are not punished for acting in accordance with the law. The purpose of this provision is to provide legal immunity for individuals who comply with the requirements of this Part of the Code. In other words, if an individual is acting in accordance with the provisions of this Part, and they are charged with an offence, their reliance on the provisions of this Part would be a defense to the charge. This is important because it provides individuals with certainty and clarity regarding their legal responsibilities, and it also protects them from being punished for acting in good faith. For example, if an individual is asked to provide assistance to a law enforcement agency under the provisions of this Part of the Code, they can do so with the knowledge that they are protected from any legal repercussions. This can be particularly important in situations where an individual may feel compelled to provide information, but may be hesitant to do so out of fear of legal consequences. The nullity provision in section 117.14(4) also serves to protect the integrity of the legal process. If an individual is acting in accordance with the law, and is charged with an offence for doing so, the charges would be unfounded. This could result in wasted resources for both the individual and the justice system, as well as potentially undermining confidence in the legal system. Overall, section 117.14(4) of the Criminal Code of Canada provides important legal protections for individuals who are acting in accordance with the provisions of this Part of the Code. By immunizing individuals from legal proceedings for undertaking such activities, it provides clarity and certainty regarding legal responsibilities, and also serves to protect the integrity of the legal system.
STRATEGY
Section 117.14(4) of the Criminal Code of Canada provides a defense to individuals who have acted in reliance of this section. This section pertains to the provision of terrorist propaganda and provides a defense when the individual relied on the fact that their actions were for a specifically permitted purpose, such as for art, science, medicine, literature, or any other legitimate purpose. This defense provides strategic considerations for individuals or organizations that may confront charges under the provisions of Part II.1 of the Criminal Code. When dealing with this section as a defense, a primary consideration for individuals or organizations is to prove that their actions were performed with a justifiable purpose. The action taken should not be inconsistent with the generally accepted use or purpose of the specific permitted purpose. Therefore, the defendant must strategize to show that they have relied on this section for justifiable reasons. Such reasons may include the lack of specific knowledge about the provisions laid out in Part II.1 of the Code or a misinterpretation of such provisions. Another strategic approach could involve the utilization of expert testimony to support the assertion that the actions taken were indeed for a specific permitted purpose. For example, an organization may employ the services of a medical expert to testify to the use of a particular substance or device for the purpose of medicine or scientific research, which could satisfy the requirements for this defense. Furthermore, defense counsel may also present evidence of past cases where similar actions were taken and relied on Section 117.14(4) of the Criminal Code. This may demonstrate that the actions taken were not unreasonable, and the reliance on this section was justifiable and genuine. This evidence could be particularly relevant where there is a lack of judicial interpretation of specific provisions of Part II.1 of the Code. However, although Section 117.14(4) provides a defense, it should not serve as a shield for criminal actions. Therefore, a strategic approach should balance the need to employ this defense while also acknowledging the seriousness of the charges that are being faced. Any attempts to manipulate this section to justify criminal actions may potentially result in negative consequences for the defendant. In summary, Section 117.14(4) of the Criminal Code of Canada serves as a crucial strategy for individuals or organizations facing charges under Part II.1 of the Code. It provides a defense of justifiable reliance on a permitted purpose where a specific action may have otherwise been considered a crime. A strategic approach may involve utilizing expert testimony, providing evidence of past cases, and a genuine reliance on this section, while also recognizing the severity of the charges and avoiding the manipulation of this defense.