INTRODUCTION AND BRIEF DESCRIPTION
This section defines the meaning of current.
SECTION WORDING
448 In this Part, "current" means lawfully current in Canada or elsewhere by virtue of a law, proclamation or regulation in force in Canada or elsewhere as the case may be.
EXPLANATION
Section 448 of the Criminal Code of Canada serves to provide an important definition in the interpretation of the provisions contained within Part XII of the Code. Specifically, this section defines the term "current", which is referenced throughout the Part XII provisions to refer to certain legal documents or instruments. According to the definition set out in section 448, "current" refers to the status of a legal document or instrument as being lawfully in force either in Canada or elsewhere. This status can be conferred by virtue of a law, proclamation, or regulation that is currently in force in the relevant jurisdiction. This definition is particularly important in the context of Part XII of the Criminal Code, which deals with offences related to firearms, explosives, and other dangerous weapons. Many of the provisions contained within this Part require the court to consider whether a particular document or instrument is "current" in order to determine the legality or validity of certain actions or circumstances. For example, section 92 of the Code prohibits the possession of certain types of firearms, including automatic firearms. However, this prohibition does not apply if the individual possesses a lawful licence or is otherwise authorized under the applicable regulations. In determining whether a licence is lawful and therefore "current", the court will apply the definition set out in section 448 to determine whether the licence is valid under the relevant laws and regulations. Overall, the definition of "current" set out in section 448 serves an important role in ensuring that the provisions related to firearms and other dangerous weapons in Part XII of the Criminal Code are applied consistently and fairly.
COMMENTARY
Section 448 of the Criminal Code of Canada is a relatively short provision that defines the term "current" as it pertains to Part I of the Code. This section is important because it clarifies what types of laws, proclamations, and regulations can be considered "current" under Canadian law. The term "current" is used throughout Part I of the Criminal Code, which deals with general principles of criminal law such as the definition of criminal offences, the mental element required for criminal liability, and the legal defences that may be available to accused persons. The Code uses this term to refer to laws, proclamations, and regulations that are in force at the time a particular offence is alleged to have been committed. The definition of "current" provided in section 448 is relatively broad. It encompasses not only laws, proclamations, and regulations that are in force in Canada, but also those that are in force elsewhere. This means that a law or regulation that is valid in another country may still be considered "current" under the Criminal Code if it is applicable to the offence in question. One of the purposes of this definition is to ensure that accused persons are not held criminally liable for conduct that was not actually prohibited at the time it occurred. For example, if a person was charged with an offence that was not illegal under Canadian law at the time it was committed, they should not be convicted simply because the law has since been changed. Another important feature of section 448 is that it requires the law, proclamation, or regulation in question to be "lawfully current". This means that it must be in force in a legitimate manner, such as through the enactment of a statute or the issuance of a valid proclamation or regulation. Laws or regulations that are enacted or enforced in an unlawful manner may not be considered "current" under the Criminal Code. Overall, section 448 is a relatively straightforward provision that helps to provide clarity and certainty in the application of criminal law in Canada. By defining the term "current" for the purposes of Part I of the Criminal Code, it ensures that accused persons are only held criminally liable for conduct that was actually prohibited at the time it occurred, and that the laws, proclamations, and regulations that are relied upon to establish criminal liability are legitimate and in force in a lawful manner.
STRATEGY
Section 448 of the Criminal Code of Canada provides a definition of the term current" for the purposes of Part XIII of the Code. This Part deals with offences relating to currency and coinage, such as counterfeiting, possessing counterfeit money, and uttering counterfeit money. While this provision may seem straightforward, there are several strategic considerations that must be taken into account when dealing with this section of the Criminal Code of Canada. One of the key strategic considerations is the importance of understanding the legal landscape both in Canada and abroad. As the section makes clear, the term current" refers to currency that is lawfully current not only in Canada but also in other jurisdictions. This means that individuals and organizations involved in currency-related offences must be aware of the relevant laws, proclamations, and regulations in Canada and other countries. In addition, it is important to consider the potential consequences of a conviction under Part XIII of the Criminal Code of Canada. Counterfeiting and related offences are taken very seriously by the Canadian government, and individuals convicted of such crimes can face significant fines and lengthy prison sentences. In some cases, individuals may also face additional penalties such as extradition to other countries for prosecution. Given the seriousness of these offences, it is important to develop effective strategies for avoiding or defending against charges under Part XIII of the Criminal Code of Canada. One possible strategy is to ensure that all activities related to currency are conducted in a fully legal and transparent manner. This may involve obtaining appropriate licenses and permits, adhering to relevant regulations and guidelines, and working with reputable financial institutions. Another possible strategy is to carefully document all transactions involving currency in order to demonstrate that they were conducted lawfully and with full knowledge of all relevant laws and regulations. This may involve maintaining detailed records of all financial transactions, obtaining expert legal advice and support, and engaging in careful due diligence when conducting business with others. Finally, it may be necessary to engage in strategic negotiations with law enforcement officials and prosecutors in order to achieve the best possible outcome in a given case. This could involve negotiating reduced charges, reduced sentences, or other forms of leniency in exchange for cooperation or other concessions. In conclusion, dealing with Section 448 of the Criminal Code of Canada requires careful attention to the legal landscape both in Canada and abroad, as well as a deep understanding of the potential consequences of a conviction under Part XIII. By adopting effective strategies for avoiding or defending against charges related to currency offences, individuals and organizations can help protect themselves against legal and financial risks and ensure that they remain on the right side of the law.