INTRODUCTION AND BRIEF DESCRIPTION

Committing vagrancy is a summary conviction offence under Section 179(2) of the Criminal Code of Canada.

SECTION WORDING

179(2) Every one who commits vagrancy is guilty of an offence punishable on summary conviction.

EXPLANATION

Section 179(2) of the Criminal Code of Canada is aimed at addressing the issue of vagrancy, which is the act of wandering around aimlessly without a permanent home or means of financial support. This section makes it a criminal offence to engage in vagrancy, and those found guilty can be punished with summary conviction. The section goes further to define what actions can be considered as vagrancy, including living on the streets, begging or panhandling, and being found in a public place without a lawful reason to be there. Essentially, Section 179(2) aims to discourage people from engaging in activities that may be perceived as disruptive to public life and also provide law enforcement with a legal basis to take action against vagrancy. It is important to note that while vagrancy is listed as an offence in the Criminal Code of Canada, it is not considered a serious crime. As such, it is punishable through summary conviction, a less formal and less severe court process that is usually reserved for minor offences. This means that penalties may include a fine or a short period of imprisonment, as opposed to lengthy prison sentences. Overall, Section 179(2) of the Criminal Code of Canada serves as a legal tool for addressing the issues that arise from vagrancy and aims to strike a balance between maintaining public order and protecting the rights of individuals. However, some have argued that this section could be used to unfairly target marginalized individuals, such as homeless people and those struggling with mental health or addiction issues. Thus, it is important that law enforcement officials exercise discretion in their enforcement of this law and that adequate support and resources are provided to individuals who may be in need of assistance.

COMMENTARY

Section 179(2) of the Criminal Code of Canada criminalizes vagrancy, which is defined as wandering or loitering without a legitimate purpose. The provision is brief and straightforward, providing no definition for vagrancy, and simply states that anyone who commits this offense is guilty of an offense that can be punished through summary conviction. The inclusion of vagrancy as a criminal offense in the Criminal Code has been a topic of controversy for many years. The critics have long argued that the provision is unfair, discriminatory towards vulnerable populations, and violates the constitutional right to liberty and freedom of movement. Moreover, there are concerns that the provision is not clear enough, which could lead to arbitrary arrests and convictions. The most vulnerable groups of people impacted by vagrancy laws are often people facing poverty, homelessness, or those suffering from mental illness. For instance, homeless individuals may be criminalized merely for sleeping or loitering on public property, regardless of their situation and the state of the housing market. Additionally, the provision is considerably ambiguous, as there are no clear definitions of the term vagrancy, and proof of the offense may significantly differ depending on the individual's circumstances and surroundings. Therefore, it is not clear what type of behaviour falls under the remit of vagrancy, what acts might constitute legitimate purposes, and what would distinguish vagrancy from ordinary patterns of living. This lack of clarity often leads to arbitrary police stops, unfair arrests, and further victimization of already vulnerable populations. In the landmark decision of R. v. Heywood, the Supreme Court of Canada found that vagrancy laws violate the freedom of conscience and the dignity of the person under section 7 of the Charter of Rights and Freedoms. The court highlighted how vagrancy provisions could lead to arbitrary detention and hinder an individual's ability to make choices about their lives. Despite this strong judicial interpretation, the provision is still a part of Criminal Code and is often used by the police to harass and criminalize marginalized populations. The provision is also contrary to Canada's international obligations and commitments, such as the International Covenant on Economic, Social and Cultural Rights, which requires the State to ensure the right to an adequate standard of living, which includes secure housing, adequate food, and clothing. In conclusion, section 179(2) of the Criminal Code of Canada is a problematic provision that unfairly targets and criminalizes marginalized populations. The provision violates constitutional rights, lacks clarity, and undermines Canada's international obligations. It is past time for the government to repeal this provision and work towards finding more constructive solutions for addressing the issues of homelessness, poverty, and mental illness.

STRATEGY

Section 179(2) of the Criminal Code of Canada deals with the offence of vagrancy, which is a criminal offence that carries serious consequences. Individuals who are found guilty of vagrancy could potentially face imprisonment, fines, and other penalties. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that must be taken into account. This article discusses some of these strategic considerations and proposes some strategies that could be employed when dealing with this offence. The first strategic consideration when dealing with section 179(2) of the Criminal Code of Canada is understanding the offence itself. Vagrancy is a broad term that can cover a range of activities, such as begging, loitering, and sleeping in public places. It is important to understand what constitutes vagrancy under the law and to ensure that the behaviour being prosecuted fits within the statutory definition. Vagrancy offences are often used to target vulnerable populations, such as homeless individuals, and it is important to avoid discriminatory enforcement of the law. The second strategic consideration when dealing with section 179(2) is assessing the strength of the evidence. Criminal prosecutions require proof beyond a reasonable doubt, and it is important to ensure that the evidence is sufficient to support a conviction. Evidence may include witness testimony, circumstantial evidence, or physical evidence. It is important to assess the strength of the evidence early in the proceedings and to determine whether a defence strategy is necessary. The third strategic consideration when dealing with section 179(2) is selecting an appropriate defence strategy. There are a range of defence strategies that could be employed when defending against a vagrancy charge. Depending on the circumstances, a defence lawyer could argue that the conduct did not amount to vagrancy, that the individual was not acting voluntarily, that there was no intention to commit vagrancy, or that the conduct was justified in the circumstances. It is important to select a defence strategy that is tailored to the specific facts of the case. The fourth strategic consideration when dealing with section 179(2) is seeking alternatives to conviction. In some cases, it may be appropriate to seek alternatives to a criminal conviction. Alternatives may include diversion programs, alternative measures, or plea bargains. These alternatives can help to avoid the stigma and consequences of a criminal conviction and can provide an opportunity for rehabilitation. The fifth strategic consideration when dealing with section 179(2) is mitigating the consequences of a conviction. If a conviction is inevitable, it is important to seek ways to mitigate the consequences. This may include seeking a lesser sentence, advocating for conditions of probation that are tailored to the individual's needs, or seeking a conditional discharge that will allow the individual to avoid a criminal record. In conclusion, section 179(2) of the Criminal Code of Canada is a serious offence that requires careful consideration of strategic considerations. It is important to understand the offence, assess the strength of the evidence, select an appropriate defence strategy, seek alternatives to conviction, and mitigate the consequences of a conviction. By taking these steps, it may be possible to achieve a favourable outcome for individuals charged with vagrancy.