INTRODUCTION AND BRIEF DESCRIPTION
It is illegal to attempt to sell or buy a position or to receive a reward for doing so.
SECTION WORDING
124 Every one who (a) purports to sell or agrees to sell an appointment to or a resignation from an office, or a consent to any such appointment or resignation, or receives or agrees to receive a reward or profit from the purported sale thereof, or (b) purports to purchase or gives a reward or profit for the purported purchase of any such appointment, resignation or consent, or agrees or promises to do so, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
EXPLANATION
Section 124 of the Criminal Code of Canada deals with the offence of trafficking in public office. The section prohibits any act of buying, selling, or agreeing to buy or sell an appointment or resignation from an official position, or agreeing to give or receive a reward or profit for any such transaction. This offence is considered to be a serious breach of public trust as it undermines the integrity of the government and the public service. The section covers a wide range of activities related to trafficking in public office. It includes both the seller and buyer of the office, as well as anyone who agrees to facilitate the transaction by providing assistance or consent. The term 'appointment' refers to any public position, whether elected or appointed, such as a judge, police officer, or bureaucrat. The offence also covers the resignation from any public office, which means that an official cannot monetize their resignation. The punishment for this offence is significant, with offenders facing up to five years of imprisonment upon conviction. The penalties reflect the serious nature of the offence, which poses a threat to democratic institutions and good governance. The section reinforces the importance of impartiality, transparency, and accountability in public office by criminalizing any attempt to profit or exert influence on public appointments. Overall, section 124 of the Criminal Code of Canada is an important provision that helps safeguard the integrity of the public service. It serves as a deterrent to those who seek to use public office for personal gain and upholds the principles of honesty and ethical conduct in government.
COMMENTARY
Section 124 of the Criminal Code of Canada deals with the sale or purchase of appointments and resignations for an office. This offence is commonly referred to as "trafficking in influence". The act of trafficking in influence has been recognized as a criminal offence in many countries, including Canada. At its root, the act of trafficking in influence undermines the integrity of our democratic and governmental systems. It allows for the buying and selling of power, rather than the selection of capable and qualified individuals for important positions. The government, and the public at large, must have confidence that appointments to public offices are made based on merit rather than through corrupt means. That is why this offence is considered one of the most serious criminal offences in Canada. Trafficking in influence can take many forms. It can involve the exchange of money, gifts, or other benefits for an appointment or resignation. It can also involve promising future appointments or benefits in return for current actions or decisions. Regardless of the form it takes, the goal is always the same: to gain an unfair advantage or to profit from a position of influence in government. The punishments for this offence are significant, with up to five years imprisonment for those found guilty. This penalty reflects the seriousness of the crime and the impact it can have on our government and society at large. It sends a clear message that those who engage in this type of conduct will face serious consequences for their actions. However, the offence is not always easy to detect or prosecute. Many trafficking in influence schemes are conducted in secret, with the parties involved being careful to avoid any direct evidence of the crime. Furthermore, as with other white-collar crimes, offenders are often affluent and well-connected individuals who have the resources to mount a formidable defence against prosecution. This means that law enforcement agencies and prosecutors must be especially vigilant and diligent in their investigations and prosecutions. Overall, section 124 of the Criminal Code of Canada serves an important role in protecting the integrity of our government and our democratic system. Its language is clear and unambiguous, making it a powerful tool for law enforcement to use against those who would seek to profit from corrupt practices. While it may not eliminate all instances of trafficking in influence, its existence and application serve as a deterrent and a warning to those who might otherwise consider engaging in such activities.
STRATEGY
Section 124 of the Criminal Code of Canada prohibits the buying and selling of appointments or resignations from public offices. The section criminalizes both the seller and the buyer of such appointments or resignations and anyone who receives a reward or profit from such transactions. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that must be taken into account. These considerations can help individuals and organizations navigate the legal landscape and minimize the risk of criminal liability. The first strategic consideration is compliance with the law. It is essential to understand the provisions of the Criminal Code of Canada and ensure that any actions taken are consistent with the law. This includes understanding the various elements of the offense and avoiding conduct that could fall within the purview of the section. The second consideration is risk management. Organizations must implement robust risk management strategies to prevent violations of Section 124. This may involve educating employees on the provisions of the Code, conducting regular internal audits, and establishing policies and procedures to prevent and detect misconduct. Another strategic consideration is reputational risks. Any violation of Section 124 could result in severe damage to an individual or organization's reputation. Therefore, it is essential to establish compliance programs that not only prevent criminal conduct but also promote ethical behavior and a culture of compliance. In addition to these strategic considerations, there are several strategies that individuals and organizations can employ to mitigate the risk of criminal liability. These strategies include: - Conducting thorough due diligence: Before accepting any appointment or resignation, it is essential to conduct a thorough due diligence investigation to ensure that no laws have been violated. - Establishing clear policies and procedures: Organizations should establish clear policies and procedures regarding the buying and selling of appointments or resignations and provide regular training to employees on these policies. - Implementing internal controls: Organizations must have robust internal controls that ensure that any transactions involving appointments or resignations are subject to appropriate oversight and approval. - Encouraging whistleblowing: Organizations should establish mechanisms that encourage whistleblowers to report any suspected violations of Section 124. In conclusion, navigating Section 124 of the Criminal Code of Canada requires careful consideration of various strategic factors. By implementing robust compliance programs, conducting thorough due diligence, and establishing clear policies and procedures, individuals and organizations can mitigate the risk of criminal liability and promote a culture of ethical behavior.