Criminal Code of Canada - section 273.3(1) - Removal of child from Canada

section 273.3(1)

INTRODUCTION AND BRIEF DESCRIPTION

It is illegal to remove a person from Canada with the intention of committing a sexual offence against them outside of Canada, if that offence would be a crime in Canada.

SECTION WORDING

273.3 (1) No person shall do anything for the purpose of removing from Canada a person who is ordinarily resident in Canada and who is (a) under the age of 16 years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 151 or 152 or subsection 160(3) or 173(2) in respect of that person; (b) 16 years of age or more but under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 153 in respect of that person; or (c) under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 155 or 159, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272 or 273 in respect of that person.

EXPLANATION

Section 273.3(1) of the Criminal Code of Canada is a provision that prohibits certain actions related to the removal of children from Canada. It aims to protect children who are ordinarily resident in Canada from harmful acts that could be committed against them outside of the country. The provision identifies three different age ranges, and it applies to different types of offences that could be committed against a child in each age range. For children under the age of 16, the provision applies to offences related to sexual exploitation (section 151, 152, 160(3), or 173(2)). For children between the ages of 16 and 18, it applies to offences related to sexual exploitation (section 153). For children under the age of 18, it applies to a wide range of offences, including sexual exploitation (section 155), incest (section 159), child pornography (subsection 160(2)), and various forms of violence such as kidnapping (section 267), forcible confinement (section 268), or trafficking in persons (section 279). The provision prohibits any action that would be taken for the purpose of removing a child from Canada with the intent that an offence would be committed against them if they were in Canada. This includes actions such as arranging travel, providing advice or assistance, or actively participating in the removal of the child. Overall, Section 273.3(1) serves to protect the rights and safety of children who are ordinarily resident in Canada by preventing individuals from facilitating their removal from the country for the purpose of carrying out harmful acts against them.

COMMENTARY

Section 273.3(1) of the Criminal Code of Canada serves as a safeguard against the sexual exploitation and abuse of minors by prohibiting individuals from removing a person under the age of 18 from Canada with the intent of committing an offence against them outside Canada, which would be considered a criminal act if committed inside Canada. The section is clear in its language as it outlines the different categories of offences that would qualify as illegal under this provision. The first category focuses on children under the age of sixteen and includes offences such as sexual interference and sexual exploitation. The second category encompasses 16- and 17-year-olds and deals with the offence of sexual exploitation. The third category deals with individuals under the age of 18, covering a broad range of offences, including kidnapping, forcible confinement, and human trafficking. The section has been designed to protect minors from the most heinous crimes, particularly those involving sexual abuse and human trafficking. The provision is an acknowledgment of the fact that, in many cases, sexual predators entice minors with promises of work or other opportunities outside of Canada only to subject them to sexual exploitation once they have crossed the border. Human trafficking can also be a concern, with minors being moved across borders for the purposes of forced labor, prostitution, or organized criminal activities. The section further recognizes that minors are vulnerable and may not have the means or knowledge to secure their own safety against such predators. The legal provision is, therefore, designed to deter potential offenders from performing such acts by establishing criminal penalties for those who transport minors across borders with the intent to subject them to exploitation or abuse. The section, however, does not criminalize the actual commission of the crime. Instead, it focuses on the preparation to commit the crime and the intent to perform it outside of Canada. This provision means that in case of prosecution, an individual's intent to commit the crime will be a key issue. This intent must be established and proved beyond a reasonable doubt for a conviction, highlighting the importance of thorough investigations and evidence gathering. In conclusion, Section 273.3(1) of the Criminal Code of Canada is a critical provision designed to protect minors from the most deviant sexual predators and human traffickers. It is a reflection of Canada's commitment to safeguard the rights of minors and ensure their safety by creating legal consequences for individuals who seek to exploit and abuse them. The section also serves as a deterrent, preventing those intent on committing such heinous crimes from moving minors across Canadian borders.

STRATEGY

Section 273.3(1) of the Criminal Code of Canada is a provision that makes it illegal to remove a person from Canada for the purpose of committing an act outside of Canada that would be considered a criminal offence if committed in Canada. The section was enacted to protect young people who are vulnerable to sexual exploitation and human trafficking, and it applies to people under the age of 18. If a person is accused of violating this section of the Criminal Code, there are several strategic considerations to keep in mind. Firstly, it is important to understand the nature of the offence and the elements that must be proven by the prosecution. The accused must have intended to remove the victim from Canada with the purpose of committing an offence that would be considered a crime in Canada. If this intention cannot be proven, the accused cannot be convicted of the offence. Secondly, it is important to understand the potential penalties if convicted of the offence. The penalty for violating section 273.3(1) of the Criminal Code can include a term of imprisonment of up to 14 years, fines, and potentially, forfeiture of any property that was used in the commission of the offence. These penalties make it crucial for the accused to have a strong and experienced defence team. In terms of strategies that can be employed, one possible approach is to challenge the intention element of the offence. If it can be shown that the accused did not have the specific intention to commit a criminal offence, then the offence cannot be proven. This can involve presenting evidence that the removal of the victim from Canada was for a legitimate reason and not for the purpose of committing a crime. Another strategy is to challenge the evidence presented by the prosecution. This can include questioning the reliability of witness statements, challenging the admissibility of certain evidence, or presenting alternative explanations for the events in question. This can be a complex and time-consuming process, but can be crucial in achieving a favourable outcome in the case. Overall, if an individual or organization is accused of violating section 273.3(1) of the Criminal Code, it is important to engage the services of experienced legal counsel who can provide guidance and support throughout the legal process. A strong defence strategy can make all the difference in achieving a positive outcome in the case, and can help protect the rights and interests of the accused.