INTRODUCTION AND BRIEF DESCRIPTION
Section 118 of the Criminal Code of Canada defines the term office in relation to government, civil or military commission, and employment in a public department.
SECTION WORDING
118 In this Part, "office" includes (a) an office or appointment under the government, (b) a civil or military commission, and (c) a position or an employment in a public department;
EXPLANATION
Section 118 of the Criminal Code of Canada defines the meaning of the term office" in the context of Part IV of the Code, which relates to Offences Against the Administration of Law and Justice". The section states that the term office" includes three types of positions - those under the government, civil or military commissions, and public department appointments. This definition is crucial in the interpretation and enforcement of a range of offences in Part IV of the Code. Many of these offences relate to abuse of power or authority by individuals in positions of public trust, including bribery, perjury, obstruction of justice, and breach of trust. These offences may be committed by individuals who hold any of the positions falling within the definition of office" as provided in Section 118. The inclusion of positions or employment in a public department" within the definition of office" is particularly significant, as it recognizes the wide range of roles that can exist within government agencies and departments. This includes both administrative and operational positions, as well as those involving policy development and implementation. By including these positions within the scope of the definition of office", the Criminal Code ensures that individuals in all types of public sector positions are held accountable for their actions. Overall, Section 118 plays an important role in the administration of justice in Canada, by providing a clear definition of the types of positions that fall within the scope of certain offences related to the abuse of power and authority in government.
COMMENTARY
Section 118 of the Criminal Code of Canada provides an important definition that assists with the proper interpretation and application of Part IV, Offences Against the Administration of Law and Justice. In particular, this section clarifies the meaning of "office" for the purpose of determining when an individual's actions may constitute a criminal offence under this Part. Firstly, the definition of "office" in section 118 includes an office or appointment under the government. This encompasses a wide range of positions, including those appointed by a minister or department head as well as elected officials such as Members of Parliament or provincial representatives. By including this broad definition, the Criminal Code ensures that individuals in positions of authority within the government are held accountable for their actions and behaviours. Secondly, section 118(b) includes a civil or military commission within the definition of "office." This applies to individuals who hold a commission or warrant from the military, such as officers or enlisted personnel. It also includes individuals who hold a commission or appointment in a civilian organization that operates in a similar capacity to the military, such as the Royal Canadian Mounted Police. Lastly, section 118(c) includes a position or employment in a public department within the definition of "office." This includes a wide range of positions, from individuals working directly for the government in areas such as law enforcement or border control to individuals working in publicly funded organizations such as hospitals or schools. Essentially, any position that is funded by public funds and has a level of authority or responsibility would be covered by this definition. Overall, section 118 of the Criminal Code of Canada provides a comprehensive definition of "office" that ensures individuals in positions of authority and responsibility are held accountable for their actions. This definition ensures that the rule of law is upheld and that individuals in positions of power are not immune to criminal prosecution. By including civil and military commissions and positions in public departments within this definition, the Criminal Code ensures that the scope of this section is broad enough to encompass a wide range of positions and roles within Canadian society. In practice, section 118 has been used to prosecute a variety of offences against the administration of law and justice. For example, individuals in positions of power have been charged under this section for breach of trust, bribery, and obstruction of justice. By using the definition of "office" in section 118, prosecutors are able to build a solid case against individuals who abuse their power or act against the public interest. In conclusion, section 118 of the Criminal Code of Canada provides a crucial definition of the term "office" that ensures individuals in positions of authority are held accountable to the same standards of behaviour as any other member of Canadian society. This section is essential for maintaining the rule of law and ensuring that individuals who abuse their power are prosecuted accordingly.
STRATEGY
Section 118 of the Criminal Code of Canada holds significance for both individuals who hold public office and those who aspire to hold one. The section defines the term office" and outlines the criminal consequences associated with concealing and offering bribes in exchange for a public sector appointment. The potential impact of a criminal charge under this section could be severe, including impacting the individual's reputation, job prospects, and even their freedom. Therefore, it is essential to understand the implications of this section of the Criminal Code and develop effective strategies to avoid falling afoul of the law. One key strategic consideration when dealing with Section 118 of the Criminal Code is to ensure that individuals avoid offering or accepting bribes in return for a public office appointment, civil or military commission, or employment in a public department. The section criminalizes the act of offering, accepting, or even promising to offer or accept any bribe or benefit in exchange for influence or support in undertaking any of the actions listed above. As such, those seeking to avoid running afoul of the provision must ensure that they exhibit professionalism, honesty, and integrity when working for or seeking a position in the public sector. Another crucial strategy for avoiding criminal charges under Section 118 is to understand the scope of the term office" and ensure that individuals do not fall foul of the criminal law by intentionally concealing material facts regarding their positions. The term office" could be expansive, covering different types of organizations and positions covered under the government, civil or military commissions, and public departments. Individuals must exercise caution when dealing with public or quasi-public positions, where the lines between a public department and a private entity are unclear. An effective strategy could be to seek legal advice and provide full disclosures when necessary, to avoid concealing material information that could attract criminal consequences. Besides, organizations must develop and implement effective policies and procedures to ensure compliance with Section 118 of the Criminal Code of Canada. Employers must take steps to ensure that their employees receive training regarding the provisions of the section and understand the consequences of non-compliance. This action will help to minimize the risk of criminal offenses related to offering or receiving a bribe or benefit in exchange for influence or support, which could undermine the reputation of an organization and its employees. In conclusion, Section 118 of the Criminal Code of Canada establishes an effective framework for maintaining the integrity and professionalism of the public sector. Individuals seeking, working for, or managing public or quasi-public entities must develop effective strategies to avoid running afoul of the law. Strategies such as avoiding offering/receiving bribes, disclosing information when necessary, and implementing robust policies and procedures can help ensure compliance with the provisions of the section, thereby minimizing legal and reputational consequences. Overall, upholding the values of integrity and transparency should be the overriding goal for individuals and organizations concerned with the application of Section 118 of the Criminal Code of Canada.