INTRODUCTION AND BRIEF DESCRIPTION
If a notice is served and the person fails to take action, they are guilty of an offence if the same offence occurs again unless they can prove they took reasonable steps to prevent it.
SECTION WORDING
210(4) Where a person on whom a notice is served under subsection (3) fails forthwith to exercise any right he may have to determine the tenancy or right of occupation of the person so convicted, and thereafter any person is convicted of an offence under subsection (1) in respect of the same premises, the person on whom the notice was served shall be deemed to have committed an offence under subsection (1) unless he proves that he has taken all reasonable steps to prevent the recurrence of the offence.
EXPLANATION
Section 210(4) of the Criminal Code of Canada addresses the issue of unlawful activity taking place in a particular premises and the responsibility of the person occupying or owning the premises. This section specifies that if a notice is served to the occupier or owner of a property where an unlawful activity has been carried out, they are required to take immediate actions to determine the tenancy or right of occupation of the offender. If they fail to do so and any person is later convicted of carrying out the same unlawful activity on the premises, the owner or occupier will also be deemed to have committed an offence under subsection (1) unless they prove that they have taken reasonable steps to prevent the recurrence of the offence. This provision ensures that the property owners or occupiers are held accountable for any unlawful activity that may take place on their premises. It also places responsibility on them to take appropriate action to prevent such activities from happening in the future. This is especially important in contexts where illegal activities such as drug trafficking, prostitution, or illegal gambling may take place, as the property owner or occupier may be unwittingly facilitating and profiting from these activities. Overall, Section 210(4) of the Criminal Code of Canada promotes the idea of community responsibility and ensures that all individuals associated with or in control of a premises are accountable for any illegal activities carried out on it. It also serves as a measure to deter property owners and occupiers from allowing such activities to occur on their premises.
COMMENTARY
Section 210(4) of the Criminal Code of Canada is an important provision that deals with situations where an individual is served with a notice under subsection (3) of the same section, but fails to take action to determine the tenancy or right of occupation of the convicted person. The provision essentially states that if another person is subsequently convicted of an offense under subsection (1) in relation to the same premises, the individual who failed to exercise their right to determine tenancy or occupation of the convicted person will be deemed to have committed an offense under the same subsection unless they can prove that they have taken all reasonable steps to prevent a recurrence of the offense. This provision is significant because it aims to ensure that landlords and property owners take their responsibilities seriously when it comes to preventing criminal activities on their premises. It is one thing to be unaware of activities occurring on your property, but it is another thing entirely to ignore information or warnings regarding criminal activity and not take the necessary steps to address it. Section 210(4) serves as a deterrent to landlords and property owners to ensure that they not only take the necessary steps to prevent criminal activity on their premises but also act swiftly to address it if it does occur. Furthermore, the provision is important for holding individuals accountable for their role in facilitating criminal activity. It recognizes that landlords and property owners have a legal obligation to take all reasonable steps to prevent criminal activity on their premises. Failure to do so not only puts the property and its occupants at risk but also creates a situation where the property may be perceived as a safe haven for criminal activity. This can damage the reputation of the property and the surrounding area, creating a negative ripple effect that can be difficult to reverse. The provision also has implications for individuals who may knowingly rent or lease a property to individuals with a history of criminal activity or who are actively engaged in criminal activity. By failing to exercise their right to determine tenancy or occupation of the convicted individual, the individual who rented or leased the property may be deemed to have committed an offense under subsection (1). This emphasizes the importance of due diligence when renting or leasing properties and underscores the fact that landlords and property owners have a responsibility to thoroughly vet potential occupants. One possible drawback of Section 210(4) is that it may be difficult for individuals to prove that they have taken all reasonable steps to prevent the recurrence of an offense. This burden of proof can be particularly challenging for individuals who are not familiar with the legal system and the parameters of what constitutes reasonable steps. Additionally, what is deemed reasonable may vary depending on the specific circumstances of each case, creating a degree of subjectivity that may be challenging to navigate. In conclusion, Section 210(4) of the Criminal Code of Canada is an important provision that serves to hold landlords and property owners accountable for their role in preventing criminal activity on their premises. It emphasizes the importance of taking all reasonable steps to address criminal activity and acts as a deterrent to individuals who may knowingly rent or lease properties to individuals with a history of criminal activity. While there may be challenges associated with proving that reasonable steps have been taken, the provision ultimately serves to promote public safety and hold individuals accountable for their actions.
STRATEGY
Section 210(4) of the Criminal Code of Canada is a provision that imposes responsibility on landlords or property owners if the property is used to commit certain criminal offenses. This provision requires landlords or property owners to take steps to prevent the recurrence of criminal activities on their property. Strategic considerations when dealing with this provision could vary depending on the circumstances of the case. Some of the most common strategies that could be employed by landlords or property owners are outlined below. Firstly, landlords or property owners must exercise caution when renting their properties. They should perform thorough background checks on prospective tenants, conduct property inspections, and have detailed lease agreements that specify the purpose for which the property is being rented. They should also establish appropriate security measures, such as installing security cameras or hiring security personnel. Secondly, landlords or property owners must be vigilant in monitoring their properties. They should regularly inspect the property to ensure that it is being used for the intended purposes and that there are no signs of illegal activity. They should also communicate with tenants to check on any changes in their behavior that could indicate illegal activity. Thirdly, landlords or property owners must be prepared to take corrective action when necessary. This could involve evicting tenants who engage in illegal activities or taking steps to prevent further criminal activity on the property. They should also cooperate with law enforcement agencies and provide any information or assistance they require to investigate criminal activity on the property. Fourthly, landlords or property owners should obtain legal advice to ensure that they are aware of their rights and obligations under the law. They should also be aware of the penalties for non-compliance, which can include fines or imprisonment. In conclusion, section 210(4) of the Criminal Code of Canada is an important provision that imposes responsibility on landlords or property owners regarding criminal activities committed on their property. To avoid liability under this provision, landlords or property owners must take proactive steps to prevent illegal activity and be prepared to take corrective action when necessary. Obtaining legal advice can also help landlords or property owners understand and comply with their obligations under the law.