INTRODUCTION AND BRIEF DESCRIPTION
Section 179(1) of the Criminal Code of Canada defines vagrancy as supporting oneself through gaming or crime without a lawful profession, or convicted of certain offenses and found loitering in certain places.
SECTION WORDING
179(1) Every one commits vagrancy who (a) supports himself in whole or in part by gaming or crime and has no lawful profession or calling by which to maintain himself; or (b) having at any time been convicted of an offence under section 151, 152 or 153, subsection 160(3) or 173(2) or section 271, 272 or 273, or of an offence under a provision referred to in paragraph (b) of the definition "serious personal injury offence" in section 687 of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read before January 4, 1983, is found loitering in or near a school ground, playground, public park or bathing area.
EXPLANATION
Section 179(1) of the Criminal Code of Canada deals with the offense of vagrancy. This section aims to prevent people from living a life of crime or indulging in vices like gambling as a way of supporting themselves. The section outlines two situations in which an individual can be charged with vagrancy. Firstly, an individual who supports himself in whole or in part by gaming or crime, and has no lawful profession or calling by which to maintain himself can be charged with vagrancy. This means that if someone is living a life of crime, frequently indulging in illegal activities to earn a livelihood, and lacks any legitimate profession or job, they can be charged with vagrancy. Secondly, if someone has been previously convicted of serious sexual offenses or an offense related to personal injury, and is found loitering in or near a school ground, playground, public park, or bathing area, they can be charged with vagrancy. This provision aims to prevent people who have a history of serious criminal activity from loitering in areas where they can pose a threat to children and other vulnerable individuals. The offense of vagrancy aims to prevent individuals from engaging in criminal activity for their own financial gain while allowing them to avoid working or finding legitimate sources of income. The section acts as a deterrent to those who may be considering engaging in criminal activities and provides an additional tool for law enforcement agencies to deal with the issue of vagrancy.
COMMENTARY
Section 179(1) of the Criminal Code of Canada criminalizes vagrancy, which refers to a state of being homeless, wandering or loafing with no visible means of support. The provision presents two categories of vagrancy, namely supporting oneself by gaming or crime and having a criminal record and loitering around certain public spaces. The first category involves individuals who resort to illegal activities such as theft, fraud, or gambling as a means of survival, but have no legitimate source of income or occupation. This provision not only targets the criminal acts themselves but also the lifestyle associated with them, implying that the state aims to prevent and discourage people from living a life of dishonesty and social disorder. Critics, however, argue that the provision assumes that all people who engage in criminal behavior have no legitimate source of income, which is not always the case. Some may turn to crime due to factors such as poverty, lack of education, or mental health issues. Proponents counter-argue that the provision does not criminalize poverty per se, but rather criminal behavior resulting from the lack of legitimate options to support oneself. It is therefore argued that without such provisions, there would be a higher incidence of crime, which would lead to more social instability and disorder. The second category of vagrancy outlined in the provision is that of individuals who have committed sexual offenses and are found loitering in or around certain public places such as schools, playgrounds or parks. This provision aims to protect vulnerable groups such as children from potential harm resulting from individuals who have previously engaged in such offenses. The state has an obligation to ensure public safety, especially in areas where minors may be present. Critics argue that loitering has been broadly defined in the provision, which could lead to arbitrary arrests of individuals who have no intention of committing any offense. Such arrests could be based solely on the perception of the arresting officer or law enforcement personnel, leading to human rights violations and legal misconduct. Overall, it can be said that the provision is aimed at promoting social order and protecting vulnerable groups from potential harm. However, the vagueness of certain terms within the provision raises questions about potential human rights violations and the need for a more precise definition of what constitutes vagrancy and loitering. The provision should be implemented in a manner that is fair, just and respects the human rights of all individuals.
STRATEGY
Section 179(1) of the Criminal Code of Canada is a unique and demanding section which requires a lot of strategic considerations when dealing with it. It addresses situations where individuals are engaging in criminal activities, without having a lawful profession or calling to maintain themselves. These individuals are considered to be a threat to society. One of the strategic considerations when dealing with section 179(1) is understanding the specific laws and regulations within the Canadian criminal justice system that apply to this section. This requires a detailed understanding of the Criminal Code, the Criminal Procedure Rules, and the Charter of Rights and Freedoms. Law enforcement officials must also have knowledge of relevant case laws and judicial precedents for Section 179(1). Another crucial strategic consideration is the implementation of proactive measures to combat vagrancy and reduce the potential likelihood of individuals engaging in criminal activity. These measures could include establishing outreach programs, education and counseling services, and creating job opportunities to help affected individuals assimilate back into society. A proactive approach can also involve targeted public awareness campaigns to educate the general public on the dangers of vagrancy and the negative impact it can have on communities. This approach also aims to encourage people to report criminal activity, including vagrancy, to relevant authorities. Strategies that could be employed by law enforcement officials include targeted police patrols in areas where vagrancy is likely to occur, surveillance programs, and undercover operations. It may also be necessary to establish specialized units or task forces to specifically deal with vagrancy-related crimes and help maintain public safety. Another strategy that can be employed in dealing with vagrancy is collaboration and partnership with the community members and other relevant stakeholders involved in combating criminal activity. These collaborations can include private businesses, nonprofit organizations, and other government entities. In conclusion, Section 179(1) of the Criminal Code of Canada is a crucial section that demands a strategic and collaborative approach to tackle the problem of vagrancy. Professionals in law enforcement and related fields must have an in-depth understanding of the relevant laws and regulations and ensure a proactive approach with targeted interventions to help impacted individuals reintegrate back into society and reduce crime. By implementing these strategies and partnering with relevant stakeholders, it is possible to prevent and reduce the occurrence of vagrancy and related crimes in Canada.