INTRODUCTION AND BRIEF DESCRIPTION

The definition of the term valuable mineral is denoted at section 2 of the Criminal Code of Canada.

SECTION WORDING

2. In this Act, "valuable mineral" means a mineral of a value of at least $100 per kilogram, and includes precious metals, diamonds and other gemstones and any rock or ore that contains those minerals;

EXPLANATION

The term "valuable mineral" is used in several very specific sections of the Criminal Code. Notably, section 394, which deals with frauds relating to valuable minerals. Section 656 creates a reverse onus evidentiary rule that puts the onus of proving that an allegedly stolen valuable mineral, is not in fact, stolen. Specifically: "In any proceeding in relation to theft or possession of a valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed by any person actively engaged in or on a mine, if it is established that the person possesses the valuable mineral, the person is presumed, in the absence of evidence raising a reasonable doubt to the contrary, to have stolen or unlawfully possessed the valuable mineral."

COMMENTARY

Section 2 of the Criminal Code of Canada sets the definition of "valuable mineral" which is important to the regulation and protection of mineral resources across the country. The definition sets a monetary threshold of $100 per kilogram, which identifies the types of minerals that are considered to be valuable in the eyes of the law. The definition also includes some specific examples of minerals, such as precious metals, diamonds, and gemstones, but also expands to include any rock or ore that contains these minerals. One of the primary reasons for establishing a definition of valuable minerals in the Criminal Code is to provide a basis for prosecuting crimes related to the mining and extraction of these resources. For example, it is illegal for individuals or companies to mine and sell valuable minerals without the proper permits or licenses from the government. If someone is caught engaging in this type of illegal activity, they can be charged and potentially serve time in prison or pay hefty fines depending on the severity of the offense. By establishing a minimum value threshold, the government is able to more easily differentiate between minerals that are worth protecting versus those that are less significant. Minerals that are considered valuable can provide significant economic benefits to the country through exports and job creation, which is why their extraction and trade is tightly regulated. Additionally, the value of minerals can fluctuate over time depending on market demands, so it is important for the code to provide clear guidelines for identifying what is classified as valuable at any given time. Another important aspect of the definition of valuable minerals is the inclusion of any rocks or ores that contain these minerals. This is significant because it recognizes that precious metals and other gems cannot always be easily extracted on their own, but may instead be found within larger deposits of rock or ore. By including these materials, the government can regulate the entire mining process from start to finish and ensure that companies are not exploiting loopholes in the law to extract valuables without the proper permits and licenses. Overall, Section 2 of the Criminal Code of Canada provides a clear definition of what is considered to be a valuable mineral. By setting a monetary threshold and including specific examples of minerals as well as any rocks or ores that contain them, this section provides a framework for regulating the extraction and trade of valuable minerals in Canada. This can help to protect the country's economic interests and prevent illegal activities related to mining and extraction.

STRATEGY

Section 2 of the Criminal Code of Canada defines valuable minerals as minerals of a value of at least $100 per kilogram, including precious metals, diamonds, and other gemstones and any rock or ore that contains those minerals. This definition has significant implications for those involved in the mining industry and related activities. One strategic consideration when dealing with this section of the Criminal Code of Canada is the need to comply with various regulations and laws governing the exploration, extraction, processing, and transportation of valuable minerals. Companies must conduct their operations in a responsible and sustainable manner, which includes minimizing environmental impact and respecting the rights and interests of local communities. Another strategic consideration is the need to protect valuable minerals from theft, unauthorized use, and other forms of criminal activity. This can be achieved through a variety of measures, including the use of surveillance and security technology, employee training, and the implementation of strict access controls. In addition, companies should consider their relationships with various stakeholders, such as government agencies, local communities, and environmental organizations. They must communicate clearly and effectively about their activities, addressing concerns and objections in a timely and transparent manner. One effective strategy for dealing with Section 2 of the Criminal Code of Canada is to develop a comprehensive risk management plan that addresses all potential risks and challenges associated with the extraction and processing of valuable minerals. Such a plan should include measures to mitigate environmental and social risks, as well as strategies for dealing with theft, fraud, and other forms of criminal activity. Another effective strategy is to establish strong partnerships and alliances with other companies, government agencies, and community organizations. By working together, companies can share resources and expertise, develop innovative solutions, and establish a common approach to sustainable mineral extraction and processing. Overall, the strategic considerations when dealing with Section 2 of the Criminal Code of Canada are many and complex, and require a comprehensive and integrated approach to risk management, stakeholder engagement, and corporate social responsibility. Companies that are able to effectively address these challenges and opportunities can achieve long-term success and profitability in the valuable minerals sector.

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