INTRODUCTION AND BRIEF DESCRIPTION
This section states that no offence is committed if valuable consideration is received or obtained under an agreement for compensation or restitution or personal services with the consent of the Attorney General or as part of an approved diversion program.
SECTION WORDING
141(2) No offence is committed under subsection (1) where valuable consideration is received or obtained or is to be received or obtained under an agreement for compensation or restitution or personal services that is (a) entered into with the consent of the Attorney General; or (b) made as part of a program, approved by the Attorney General, to divert persons charged with indictable offences from criminal proceedings.
EXPLANATION
Section 141(2) of the Criminal Code of Canada provides an exemption from criminal prosecution where a person receives or is to receive valuable consideration under an agreement for compensation, restitution, or personal services. This exemption applies only when such an agreement has been entered into with the consent of the Attorney General or as part of a diversion program approved by the Attorney General. The primary purpose of this section is to encourage alternatives to traditional criminal prosecution, such as restitution or community service. By providing this exemption, the Criminal Code of Canada enables the Attorney General to establish diversion programs that offer individuals an opportunity to take responsibility for their actions and make amends without facing traditional criminal sanctions. The Attorney General has the discretion to approve or deny diversion programs based on their efficacy and compliance with the principles of justice. When an agreement for compensation, restitution, or personal services is made as part of an approved diversion program, the individual who has committed an indictable offence may avoid prosecution altogether, provided that they fulfill their obligations under the agreement. Overall, Section 141(2) of the Criminal Code of Canada represents a recognition that traditional criminal punishment may not always be the most effective or appropriate means of addressing criminal behaviour. By providing an exemption for certain agreements where valuable consideration is received or obtained, the Code enables the development of alternative approaches that prioritize accountability, restitution, and rehabilitation.
COMMENTARY
Section 141(2) of the Criminal Code of Canada provides a defence against the offence of procuring a person to become a prostitute for those who receive or obtain valuable consideration under an agreement for compensation or restitution or personal services. The provision states that no offence is committed under subsection (1) where an agreement for such consideration is made with the consent of the Attorney General or as part of a diversion program approved by the Attorney General. This provision acknowledges the complexity of prostitution and attempts to address the issue from a legal perspective. It recognizes that in some cases, individuals may engage in sex work voluntarily and that it is not always an exploitative or coercive practice. The provision also acknowledges that some individuals may be in a vulnerable position and may require support in order to exit the sex industry. By allowing for compensation or personal services to be provided in exchange for engaging in sex work, the provision aims to ensure that individuals are not further victimized or criminalized for their involvement in the sex industry. However, the provision also raises concerns about the role of the Attorney General in determining whether an agreement is acceptable. This provision gives a lot of discretionary power to the Attorney General, which could be problematic if there is a lack of transparency or accountability related to how decisions are made. Additionally, the provision may not adequately protect individuals who are most vulnerable to exploitation or coercion in the sex industry. It is unclear how the provision would be applied in situations where there is a power imbalance between the person offering compensation or services and the person engaging in sex work. Furthermore, the provision does not address the larger issue of criminalization of sex work in Canada. The provision provides a defence for a specific offence related to procuring individuals for prostitution, but it does not address the underlying issues related to criminalization of sex work and the harms associated with it. This provision could be seen as a step towards decriminalization of sex work, as it acknowledges the complexities of the industry and validates the agency of individuals involved in it. However, it may not go far enough in addressing the harm caused by criminalization. Overall, the provision in Section 141(2) of the Criminal Code of Canada recognizes the complexities of prostitution and aims to provide a means of support for individuals involved in the sex industry. However, it raises concerns about the role of the Attorney General and may not adequately protect vulnerable individuals. Additionally, it does not address the larger issue of criminalization of sex work, which remains a contentious issue in Canada.
STRATEGY
Section 141(2) of the Criminal Code of Canada provides an exception to the offence of bribery when valuable consideration is received under a valid agreement. This exception can be strategically used by individuals or organizations facing charges of bribery or corruption. However, navigating this section requires a careful and strategic approach. Firstly, it is important to note that this section only applies to cases involving valuable consideration. This means that the agreement entered into must involve compensation, restitution, or personal services. If there is no such agreement, the exception provided in section 141(2) cannot be relied upon. Secondly, it is crucial to obtain the consent of the Attorney General before entering into any agreements for compensation or restitution. Without such consent, the exception will not apply, and the individual or organization may still be charged with bribery or corruption. The Attorney General's consent can be obtained through a formal request, which should outline the details of the proposed agreement and the benefits it would bring. Thirdly, it is important to note that agreements entered into as part of a diversion program must be approved by the Attorney General. Such programs are designed to divert individuals charged with indictable offences away from criminal proceedings and towards alternative measures such as community service or rehabilitation programs. If the Attorney General does not approve the program, the exception provided in section 141(2) will not apply. In light of these considerations, there are several strategies that can be employed when dealing with section 141(2) of the Criminal Code of Canada. Firstly, it may be possible to negotiate an agreement for compensation or restitution with the consent of the Attorney General in exchange for dropping or reducing charges of bribery or corruption. This can be a useful strategy for individuals or organizations who are willing to make amends for any wrongdoing and avoid criminal proceedings. Secondly, diversion programs can be used strategically to avoid criminal charges altogether. By participating in an approved diversion program, an individual can avoid criminal proceedings and the stigma that comes with a criminal record. Thirdly, it may be possible to argue that the valuable consideration received or obtained was not related to the alleged bribery or corruption. For example, if an individual or organization received compensation for services rendered, and there was no evidence linking the compensation to any corrupt activity, the exception provided in section 141(2) may still apply. In conclusion, section 141(2) of the Criminal code of Canada provides an exception to the offence of bribery when valuable consideration is received under a valid agreement. However, navigating this section requires a careful and strategic approach, which must involve obtaining the consent of the Attorney General and ensuring that any agreements entered into are valid and approved by the Attorney General. Strategies such as negotiating agreements or participating in diversion programs can be employed to take advantage of this exception.