Criminal Code of Canada - section 155(4) - Definition of Brother and Sister

section 155(4)

INTRODUCTION AND BRIEF DESCRIPTION

Brother and sister include half-brother and half-sister in this section of the Criminal Code of Canada.

SECTION WORDING

155(4) In this section, "brother" and "sister", respectively, include half-brother and half-sister.

EXPLANATION

Section 155(4) of the Criminal Code of Canada is a definition clause that provides clarification on the terms "brother" and "sister" for the purposes of the section in which it appears. Specifically, this section pertains to the offence of incest, which is the act of sexual intercourse between close family members. Incest is considered a serious crime in Canada and carries harsh penalties, including imprisonment. The purpose of section 155(4) is to ensure that individuals who engage in sexual activity with a half-brother or half-sister are subject to the same legal consequences as those who engage in sexual activity with a full sibling. This means that regardless of the biological relationship between the two individuals, any sexual intercourse between them is considered incest and is subject to the same legal repercussions. By including a definition of "brother" and "sister" that encompasses half-siblings, the Criminal Code of Canada seeks to prevent any potential loopholes or legal ambiguities that could otherwise arise. This makes it clear that any sexual activity between a person and their half-sibling is illegal and punishable by law in the same way as full siblings. This definition also reflects the importance of protecting all family relationships from sexual exploitation and the potential harm that incest can cause. In conclusion, section 155(4) of the Criminal Code of Canada is a crucial definition clause that ensures that all individuals who engage in incestuous activity with a sibling, including a half-sibling, are held equally accountable under the law. It highlights the Canadian justice system's commitment to preventing and penalizing all forms of sexual exploitation, including those that occur between family members.

COMMENTARY

Section 155(4) of the Criminal Code of Canada is a provision that seeks to clarify the definition of "brother" and "sister" in a particular context. It specifies that, for the purposes of the section it appears in, these terms should be understood to include half-siblings as well. This provision reflects an important recognition of the diverse family structures that exist in Canadian society and seeks to ensure that all individuals who fall under the legal definition of "brother" or "sister" are treated consistently under the law. The provision is located in a section of the Criminal Code relating to sexual offences, specifically those offences involving incest. In Canada, incest is a crime that is defined primarily by the nature of the relationship between the two parties involved. Section 155(1) of the Code states that "every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person." This provision establishes that sexual activity between close relatives is illegal in Canada, as it is viewed as a violation of the social and moral norms that underpin family relationships. Section 155(4) is included in this context as a way of clarifying the scope of the law. It recognizes that not all siblings have the same degree of genetic relatedness, and that in some cases individuals may have a relationship with a half-sibling that is similar to that of a full sibling. By including half-siblings in the definition of "brother" and "sister", the law ensures that individuals who engage in sexual activity with a half-sibling are subject to the same legal consequences as those who engage in such activity with a full sibling. The inclusion of half-siblings in the definition of "brother" and "sister" in this context is important for several reasons. First, it reflects an understanding of the complexity of family relationships and the diversity of family structures in Canadian society. In many cases, families are not defined solely by biological relatedness, and siblings who have different biological parents may still have close and meaningful relationships with one another. By recognizing this reality, the law ensures that individuals who engage in sexual activity with a half-sibling are not able to escape legal consequences simply because they do not meet a narrow biological definition of the term "brother" or "sister". Second, the provision serves to protect the integrity of family relationships. Incest is viewed as a particularly egregious violation of the social and moral norms that underpin family relationships precisely because it involves individuals who are related to one another in a particular way. By including half-siblings in the definition of "brother" and "sister", the law ensures that the seriousness of the offence is not diminished simply because the relationship between the two parties involved is not one of full siblings. Finally, the provision serves to promote consistency in the application of the law. By clarifying the scope of the offence of incest, the law ensures that individuals who engage in sexual activity with a half-sibling are subject to the same legal consequences as those who engage in such activity with a full sibling. This consistency is important both from a legal perspective and from a broader social perspective, as it reinforces the message that sexual activity between close relatives is not acceptable under any circumstances. In conclusion, section 155(4) of the Criminal Code of Canada is an important provision that reflects an understanding of the diversity of family structures in Canadian society and seeks to promote consistency in the application of the law. By including half-siblings in the definition of "brother" and "sister" for the purposes of the offence of incest, the law ensures that individuals who engage in sexual activity with a half-sibling are subject to the same legal consequences as those who engage in such activity with a full sibling. This provision serves to protect the integrity of family relationships, promote consistency in the application of the law, and reinforce the message that sexual activity between close relatives is not acceptable under any circumstances.

STRATEGY

Section 155(4) of the Criminal Code of Canada is a crucial provision that defines the terms 'brother' and 'sister' as inclusive of half-brothers and half-sisters. This provision is significant in various legal proceedings, especially in cases of sexual assault, as it broadens the scope of family relationships that can be considered exploitative for criminal purposes. As such, legal professionals must understand the strategic implications of this provision in their practice, including the possible strategies that can be employed to its advantage. One of the primary strategic considerations when dealing with Section 155(4) is to appreciate its implications on the definition of 'consent' in sexual assault cases. Generally, sexual assault involves engaging in any sexual activity without the informed and voluntary consent of the victim. However, where the accused and the victim are deemed to be in a position of trust or authority, such as familial relationships, the law recognizes that consent may be negated as a result. With the inclusion of 'half-brother and half-sister' in the definition of brother and sister, it follows that individuals occupying these relationships may fall within the category of persons in positions of trust or authority over the victim. Therefore, legal professionals can use the provision to bolster their arguments that the accused exploited their familial relationship with the victim to perpetrate the sexual act. Another strategic consideration when dealing with Section 155(4) concerns the admissibility of evidence. In sexual assault cases, the defense may seek to use past sexual history or behaviour of the victim to challenge the prosecution's arguments. However, the law generally excludes such evidence due to its prejudicial nature towards the victim. With Section 155(4), the familial relationship between the victim and the accused can be considered circumstantial evidence that supports the prosecution's case without necessarily compromising the victim's privacy or dignity. Therefore, legal professionals could exploit this provision by highlighting the relationship during trial to bolster their arguments and rebut the defense's assertions. When dealing with Section 155(4), legal professionals can also employ other strategies, such as emphasizing the age and maturity differences between the accused and the victim. For example, in a case where a half-brother is accused of sexually assaulting his half-sister, a legal professional could argue that the accused's relative age and experience over the victim put him in a position of authority that enabled him to take advantage of her. Here, the relationship between the accused and the victim enhances the prosecution's case by highlighting the power dynamics that played a role in the alleged assault. In conclusion, Section 155(4) of the Criminal Code of Canada is a crucial provision that extends the definition of 'brother' and 'sister' to include half-siblings. This provision has significant strategic implications for legal professionals in various proceedings, primarily in sexual assault cases, where the familial relationship between the accused and the victim can be considered an exploitative factor. By understanding the strategic implications of this provision, legal professionals can employ appropriate strategies that bolster their arguments and increase their chances of success.