INTRODUCTION AND BRIEF DESCRIPTION
Section 356(1) of the Criminal Code of Canada criminalizes the theft, possession, and fraudulent redirection of mail, as well as the use of keys suited to a lock adopted for use by the Canada Post Corporation.
SECTION WORDING
356(1) Everyone commits an offence who (a) steals (i) anything sent by post, after it is deposited at a post office and before it is delivered, or after it is delivered but before it is in the possession of the addressee or of a person who may reasonably be considered to be authorized by the addressee to receive mail, (ii) a bag, sack or other container or covering in which mail is conveyed, whether or not it contains mail, or (iii) a key suited to a lock adopted for use by the Canada Post Corporation; (a.1) with intent to commit an offence under paragraph (a), makes, possesses or uses a copy of a key suited to a lock adopted for use by the Canada Post Corporation, or a key suited to obtaining access to a receptacle or device provided for the receipt of mail; (b) has in their possession anything that they know has been used to commit an offence under paragraph (a) or (a.1) or anything in respect of which they know that such an offence has been committed; or (c) fraudulently redirects, or causes to be redirected, anything sent by post.
EXPLANATION
Section 356(1) of the Criminal Code of Canada outlines offences related to stealing or tampering with mail sent through the Canada Post Corporation. The section makes it an offence for an individual to steal anything sent by post, such as letters or parcels, after it has been deposited at a post office and before it has been delivered to the intended recipient. It also includes the theft of any containers, bags or sacks used to transport mail, as well as keys suited to locks adopted for use by Canada Post Corporation. In addition to stealing mail, the section also criminalises the possession of any items known to have been used to commit an offence under the section, such as stolen mail or keys to Canada Post locks. The section also includes provisions for fraudulent redirection of mail. In the event that an individual is caught committing an offence under this section, they may face significant legal penalties, including fines and imprisonment. As Canada Post Corporation serves as the primary method of communication and package delivery across Canada, this section is critical in ensuring the safety and security of Canadians' correspondence and property. The penalties for committing offences under this section demonstrate the seriousness with which these crimes are viewed by the Canadian legal system.
COMMENTARY
Section 356(1) of the Criminal Code of Canada is a provision that sets out the offences related to stealing, possessing or using mail, bags, sacks or containers in which mail is conveyed, and keys suited to locks adopted for use by the Canada Post Corporation. The provision also makes it a criminal offence to fraudulently redirect anything that has been sent by post. The purpose of this provision is to protect the integrity of the mail system in Canada and prevent theft or tampering of mail, which can compromise the privacy and security of individuals' personal information and confidential communications. By making it an offence to steal, possess or use mail, bags, sacks or containers that are used for mail, the law seeks to deter individuals from engaging in criminal activity that affects the smooth functioning of the mail system. Paragraph (a) of this provision deals with the offence of stealing mail or any container that is used for mail. The offence can be committed at different stages of the mail delivery process, including after the mail is deposited at a post office, before it is delivered, or after it is delivered but before it reaches the addressee or a person authorized to receive mail. This ensures that any theft or tampering of mail is covered under the criminal law, regardless of when and how it occurs. Paragraph (a.1) of this provision expands the offence of stealing mail by including the offence of possessing or using a copy of a key suited to a lock adopted for use by the Canada Post Corporation, or a key suited to obtaining access to a receptacle or device provided for the receipt of mail. This is aimed at preventing individuals from using duplicated keys to gain access to mailboxes or locking mechanisms to steal or tamper with mail. Paragraph (b) of this provision deals with the offence of possessing anything that is known to have been used to commit an offence under paragraph (a) or (a.1) or anything in respect of which it is known that such an offence has been committed. This means that anyone who is found in possession of stolen mail or any related item can also be held criminally responsible for aiding and abetting the theft or tampering of mail. Paragraph (c) of this provision deals with the offence of fraudulently redirecting mail. This offence is committed when someone redirects a piece of mail without authorization or by using fraudulent means. This is aimed at preventing anyone from deliberately redirecting mail to gain unauthorized access to personal information, confidential communications or financial information. Overall, section 356(1) of the Criminal Code of Canada is a necessary provision that seeks to protect the integrity of the mail system in Canada and prevent the theft or tampering of mail. It ensures that anyone who engages in criminal activities that affect the mail system can be held criminally responsible for their actions. As the world moves towards a more digital age, the protection of the mail system remains an important aspect of maintaining the privacy and security of individuals' personal information and confidential communications.
STRATEGY
When dealing with section 356(1) of the Criminal Code of Canada, it is important to consider a few strategic factors to ensure the most favourable outcome for your client. Here are some strategies that could be employed: 1. Investigate thoroughly: In cases involving mail theft, it's important to conduct a thorough investigation to determine the facts of the case. This includes identifying the accused and gathering evidence to support the charges. In some cases, there may be elements of the crime that were not clearly defined or proper procedures that weren't followed, which could be used in your defence. 2. Negotiate plea deals: Depending on the circumstances of the case, it may be beneficial to negotiate a plea deal with the prosecution. This could involve pleading guilty to a lesser charge, which would result in a reduced sentence or penalty. 3. Argue lack of intent: Intent is a crucial element in proving guilt under section 356(1) of the Criminal Code of Canada. If the accused did not have the intention to steal or commit fraud, they may be able to argue that they are not guilty of the charge. 4. Challenge the evidence: As with any criminal charge, the prosecution must prove their case beyond a reasonable doubt. This means that if there is any doubt as to the authenticity or reliability of the evidence, it may be possible to challenge its admissibility in court. 5. Focus on mitigating factors: If the accused is found guilty, it is important to focus on mitigating factors that could reduce the severity of the sentence. For example, if the accused has no prior criminal record, this could be used to argue for a lesser sentence. 6. Hire a criminal defence lawyer: Perhaps the most important strategy when dealing with section 356(1) of the Criminal Code of Canada is to hire an experienced criminal defence lawyer. A lawyer can help you navigate the legal process, identify the best defences and strategies, and ensure that your rights are protected throughout the proceedings. In conclusion, section 356(1) of the Criminal Code of Canada is a serious offence that can result in significant penalties. However, by taking the right strategic steps, it is possible to mitigate the charges and achieve the best possible outcome for your client.