INTRODUCTION AND BRIEF DESCRIPTION
This section provides a definition of secondary designated offence under the Criminal Code of Canada.
SECTION WORDING
487.04 In this part, "secondary designated offence" means an offence, other than a primary designated offence, that is (a) an offence under this Act that may be prosecuted by indictment — or, for section 487.051 to apply, is prosecuted by indictment — for which the maximum punishment is imprisonment for five years or more, (b) an offence under any of the following provisions of the Controlled Drugs and Substances Act that may be prosecuted by indictment — or, for section 487.051 to apply, is prosecuted by indictment — for which the maximum punishment is imprisonment for five years or more: (i) section 5 (trafficking in substance and possession for purpose of trafficking), (ii) section 6 (importing and exporting), and (iii) section 7 (production of substance), (c) an offence under any of the following provisions of this Act: (i) section 145 (escape and being at large without excuse), (i.1) section 146 (permitting or assisting escape), (i.2) section 147 (rescue or permitting escape), (i.3) section 148 (assisting prisoner of war to escape), (iii) subsection 173(1) (indecent acts), (iv) section 252 (failure to stop at scene of accident), (v) section 264 (criminal harassment), (vi) section 264.1 (uttering threats), (vii) section 266 (assault), (viii) section 270 (assaulting a peace officer), (ix) paragraph 348(1)(e) (breaking and entering a place other than a dwelling-house), (x) section 349 (being unlawfully in dwelling-house), and (xi) section 423 (intimidation), (d) an offence under any of the following provisions of the Criminal Code, as they read from time to time before July 1, 1990: (i) section 433 (arson), and (ii) section 434 (setting fire to other substance), and (e) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit (i) an offence referred to in paragraph (a) or (b) — which, for section 487.051 to apply, is prosecuted by indictment, or (ii) an offence referred to in paragraph (c) or (d).
EXPLANATION
Section 487.04 of the Criminal Code of Canada defines "secondary designated offence" in the context of Part XII.2 of the Criminal Code, which deals with the powers of search, seizure and production orders. The term "secondary designated offence" refers to any offence, other than a primary designated offence, that meets certain criteria set out in the section. The first criterion is that the offence must be one that can be prosecuted by indictment, and carries a maximum punishment of imprisonment for five years or more. This includes offences under the Criminal Code itself, as well as certain offences under the Controlled Drugs and Substances Act. Examples of Criminal Code offences that qualify include assault, criminal harassment, and intimidation. The second criterion is that the offence must fall into one of several specific categories set out in the section. These include offences related to escape, indecent acts, failure to stop at the scene of an accident, and others. Finally, the section includes attempts and conspiracies to commit any of the qualifying offences. The purpose of Section 487.04 is to ensure that law enforcement officials have the authority to obtain search, seizure, and production orders in cases where serious criminal offences are believed to have been committed. By defining the types of offences that qualify as secondary designated offences, the section allows for targeted and effective use of these powers while also protecting individuals' rights against unreasonable search and seizure.
COMMENTARY
Section 487.04 of the Criminal Code of Canada outlines the definition of a "secondary designated offence." This definition is important because it sets out the criteria for the use of certain investigative techniques in relation to such offenses. The first criteria is that the offense must be one that can be prosecuted by indictment, or for which section 487.051 applies. Additionally, the maximum punishment for the offense must be five years or more imprisonment. This means that offenses that carry less severe penalties, such as summary conviction offenses, are not considered secondary designated offenses. The second criteria relates to offenses under the Controlled Drugs and Substances Act. Only two offenses fall under this category: trafficking in substance and possession for the purpose of trafficking, and importing and exporting. The production of a substance is also considered a secondary designated offense, but only if it carries a maximum penalty of five years or more imprisonment. The third set of offenses are those under the Criminal Code. These include escape and being at large without excuse, permitting or assisting escape, rescue or permitting escape, assisting a prisoner of war to escape, indecent acts, failure to stop at the scene of an accident, criminal harassment, uttering threats, assault, assaulting a peace officer, breaking and entering a place other than a dwelling-house, being unlawfully in a dwelling-house, and intimidation. The fourth and final criteria relate to offenses under the Criminal Code that were in existence before July 1, 1990. Only two offenses fall under this category: arson and setting fire to other substances. It is important to note that attempts to commit any of the offenses outlined above, as well as conspiracies to commit such offenses, also fall under the definition of a secondary designated offense. The significance of this definition lies in the fact that law enforcement agencies have increased powers when investigating these types of offenses. For example, they may be able to obtain a warrant to intercept private communications or to conduct a search without a warrant under certain circumstances. These investigative techniques are often controversial, as they can infringe on an individual's privacy rights. In conclusion, section 487.04 of the Criminal Code of Canada sets out the criteria for what constitutes a secondary designated offense. This definition is important as it impacts the investigative powers available to law enforcement agencies and can affect an individual's privacy rights.
STRATEGY
Section 487.04 of the Criminal Code of Canada defines a secondary designated offence" as an offense with a maximum punishment of imprisonment for five years or more. This section is of significant importance to investigators and prosecutors alike, as it provides for enhanced powers for the investigation and prosecution of serious offenses. There are several strategic considerations when dealing with this section of the Criminal Code of Canada. The first consideration is the investigation process. Investigators must be aware of the specific offenses classified as secondary designated offences" and be diligent in gathering sufficient evidence to support the charge. This may include the use of advanced technology, such as wiretaps, surveillance, and electronic communications intercepts. Another strategic consideration is the decision to prosecute. Given the enhanced powers provided under this section, prosecutors must decide whether prosecution of a secondary designated offence" is appropriate based on the evidence gathered, the gravity of the offense, and the likelihood of a successful conviction. One strategy that could be employed in the prosecution of a secondary designated offence" is the use of plea bargaining. A plea bargain allows for a defendant to plead guilty to a lesser offense in exchange for a reduced sentence or some other form of leniency. This strategy allows prosecutors to secure a conviction while also reducing the burden on the court system and potentially punishing offenders more effectively. Another strategy that could be employed is the use of expert testimony. Expert testimony can be used to explain complex issues related to the offense, such as DNA evidence, forensics, and the legal aspects of the crime. This can be particularly helpful in cases where the prosecution must prove the defendant's guilt beyond a reasonable doubt. In conclusion, Section 487.04 of the Criminal Code of Canada provides a significant tool for the investigation and prosecution of serious offenses. Investigators and prosecutors must be diligent in their use of this section, employing a range of strategies to ensure the successful prosecution of offenders. By doing so, they can help maintain public safety while also ensuring that justice is served.