INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the penalties for committing an offence involving firearms, with more severe penalties for those involving restricted/prohibited firearms or organized crime involvement, and a minimum punishment of four years.
SECTION WORDING
279(1.1) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of (i) in the case of a first offence, five years, and (ii) in the case of a second or subsequent offence, seven years; (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; (a.2) if the person referred to in paragraph (1)(a), (b) or (c) is under 16 years of age, to imprisonment for life and, unless the person who commits the offence is a parent, guardian or person having the lawful care or charge of the person referred to in that paragraph, to a minimum punishment of imprisonment for a term of five years; and (b) in any other case, to imprisonment for life.
EXPLANATION
Section 279(1.1) of the Criminal Code of Canada outlines the punishment for various offenses committed with a firearm. Subsection (1) refers to the general offense of kidnapping. If a restricted or prohibited firearm is used, or a firearm is used in association with a criminal organization, the punishment is imprisonment for life, with a minimum of 5 years for a first offense, and 7 years for subsequent offenses. If a firearm is used in any other case, the punishment is imprisonment for life, with a minimum of 4 years. The Code recognizes the seriousness of these offenses and the potential danger that arises with the use of firearms. The minimum punishment serves as a deterrent to potential offenders and sends a message to society that the courts take these crimes seriously. Notably, if the offender is under 16 years of age, the punishment is still imprisonment for life, but with a minimum of 5 years unless the offender is a parent, guardian or has lawful care of the victim. This aspect of the law recognizes the vulnerability of children and the importance of protecting them from harm. Overall, section 279(1.1) is a critical aspect of the Criminal Code of Canada that seeks to prevent the use of firearms in the commission of crimes by imposing significant punishment and encouraging a safe and secure society.
COMMENTARY
Section 279(1.1) of the Criminal Code of Canada outlines the penalties for committing an offence under subsection (1), which deals with kidnapping and forcible confinement. This section is particularly significant for offences committed with the use of firearms or for the benefit of, at the direction of, or in association with, a criminal organization. The penalties outlined in this section are severe, and for good reason. The use of firearms during an offence drastically increases the danger to those involved, and for that reason, the minimum sentence for these offences is elevated. Additionally, offences committed for the benefit of, at the direction of, or in association with, a criminal organization are particularly concerning, as they demonstrate a connection to organized crime. These types of offences can have significant impacts on communities and the safety of Canadians, and so more severe penalties are warranted. One of the most important aspects of this section is the minimum sentence requirements. The minimum sentences can be thought of as a tool to ensure consistency in sentencing, as they provide a baseline for judges to work from. They also demonstrate the severity of the offence and act as a deterrent for others who may be considering similar actions. The minimum sentence requirements for offences involving firearms also demonstrate that the government takes gun-related crimes seriously. Another important aspect of this section is the inclusion of separate minimum sentences for first and subsequent offences. This is an important distinction to make, as individuals who have committed a similar offence in the past clearly have not been deterred by previous sentences. By imposing a longer minimum sentence for subsequent offences, the government is sending a message that repeat offenders will face more severe consequences. It is also worth noting that subsection (a.2) outlines a separate minimum sentence for individuals under the age of 16 who commit these offences. This demonstrates that the government recognizes the seriousness of these crimes and seeks to deter young offenders from committing them. Overall, Section 279(1.1) of the Criminal Code of Canada is an important piece of legislation that outlines the penalties for serious crimes involving kidnapping and forcible confinement. The inclusion of minimum sentences for offences involving firearms and for those committed for the benefit of, at the direction of, or in association with, a criminal organization demonstrates the severity of these offences and acts as a deterrent for future criminal activity.
STRATEGY
Section 279(1.1) of the Criminal Code of Canada is a serious offence that carries severe penalties for individuals who commit them. It deals with offences related to firearms and criminal organizations. When dealing with this section of the Criminal Code of Canada, strategic considerations and strategies should be employed to represent clients or conduct investigations. One strategy is to take an early plea deal. In cases where the evidence is overwhelmingly against the accused, accepting an early plea deal could help to mitigate the sentence. This strategy is based on the assumption that the prosecution has evidence to prove the charges laid against the accused. Another strategy is to challenge the evidence. The prosecution must prove the elements of the offence beyond a reasonable doubt. Therefore, strategies that undermine the quality of evidence presented can be successful in defending a case. For instance, the defence counsel can argue that there was no affirmative act of association with a criminal organization. The defence counsel can also argue that the accused was not in possession of the firearm or that they did not intend to use it. It is also essential to formulate a defence strategy for cases where the accused is a member of a criminal organization. In such cases, the defence counsel can argue that the accused was not a willing participant in the activities of the criminal organization, or that they did not benefit from it. The defence counsel can also argue that the accused was coerced into becoming a member of the organization. Another strategy is to argue the nature of the offence committed. For example, if the offence committed was light, such as carrying a firearm without proper paperwork, a defence counsel can argue that the offence was minor. They can also argue that the firearm was not used in any other crime, and the accused was not part of a criminal organization. Finally, it is vital to focus on plea bargaining. A plea bargain is an agreement between the prosecutor and the defence counsel, where the defendant agrees to plead guilty in exchange for reduced charges or a sentence. It is critical to hire a defense counsel with significant experience in plea bargaining because an error in negotiation could lead to a harsher sentence. In conclusion, it is essential to develop a defence strategy when dealing with section 279(1.1) of the Criminal Code of Canada. Strategies used should be based on the nature of the alleged offence, the quality of evidence presented, and the circumstances surrounding the accused. Finally, it is essential to seek the advice of an experienced defence counsel who understands this section of the Criminal Code of Canada.