Criminal Code of Canada - section 49 - Acts intended to alarm Her Majesty or break public peace

section 49

INTRODUCTION AND BRIEF DESCRIPTION

Committing an act with the intent to alarm or harm the Queen is a serious offence that can result in up to 14 years in prison.

SECTION WORDING

49. Every one who wilfully, in the presence of Her Majesty, (a) does an act with intent to alarm Her Majesty or to break the public peace, or (b) does an act that is intended or is likely to cause bodily harm to Her Majesty, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

EXPLANATION

Section 49 of the Criminal Code of Canada sets out the offence of causing harm or creating a disturbance in the presence of Her Majesty, the queen. The section encompasses two distinct types of behaviour, both of which are serious criminal offences. The first type of behaviour is intentionally causing a disturbance in the presence of Her Majesty, with the intent to alarm her or break the public peace. This can include acts such as shouting, making threatening gestures, or engaging in violent behaviour in the presence of Her Majesty. Prosecutors will need to prove that the accused acted wilfully and intended to cause alarm or disturb the public peace in the presence of Her Majesty. The second type of behaviour is intentionally causing bodily harm to Her Majesty, or engaging in acts that are likely to cause her bodily harm. This can include acts such as physically assaulting Her Majesty, or engaging in reckless behaviour that could result in her being harmed. The offence is indictable and carries a maximum penalty of fourteen years. Section 49 reflects the importance of respecting the dignity and safety of Her Majesty in public settings. It is an offence that is taken very seriously by the criminal justice system, and individuals who are convicted of such behaviour are likely to face significant periods of imprisonment. As with all criminal charges, being convicted under this section can have significant consequences, including a criminal record and restrictions on an individual's ability to travel or obtain certain types of employment.

COMMENTARY

Section 49 of the Criminal Code of Canada is a piece of legislation that outlines criminal offences related to actions against Her Majesty. The law states that anyone who wilfully performs an act with the intention of alarming Her Majesty or breaking public peace or performs an act that is likely to cause bodily harm to Her Majesty, is committing an indictable offence and can be imprisoned for up to 14 years. The law serves as an essential measure to deter any potential offenders from committing acts of violence or causing disruptions during public events and gatherings involving the Monarch. For instance, during public appearances, the Monarch is often exposed to large crowds of people, which, in some cases, can lead to unforeseen dangers. The Canadian government holds the personal safety of the Monarch as a top priority. This legislation exists to protect the Monarch and maintain public order on all occasions when Her Majesty is present. The law also serves to protect the country's political system by ensuring that any potential threats to the Queen are dealt with appropriately. Offenders who are found guilty of acts that are intended or likely to cause bodily harm to Her Majesty face significant penalties, including imprisonment for up to 14 years. The punishment is designed to act as a deterrent against any person who might consider taking such actions in the future. Therefore, the provision aims to deter anyone from engaging in criminal activities that could affect the safety of the Monarch. Furthermore, the law is designed to safeguard the public from any disruption caused by acts designed to alarm Her Majesty or break public peace. These scenarios could create chaos in public places, posing a significant risk to people's safety. Hence, the law makes it clear that such behaviours are not acceptable and can result in severe consequences. In conclusion, section 49 of the Criminal Code of Canada is an essential piece of legislation that protects the Monarch and public order from any harm. The law discourages anyone who might consider taking actions that could cause harm to Her Majesty or create a public disturbance. It, therefore, helps to ensure the safety and wellbeing of the Monarch and those around them. Overall, this legislative provision is an essential part of Canada's legal system that helps to maintain law and order.

STRATEGY

Section 49 of the Criminal Code of Canada is an important legislation that aims to protect the safety and security of the reigning monarch, currently Queen Elizabeth II. Given the gravity of the offence and the potential consequences for those who violate this law, it is important for legal professionals to carefully consider the strategic implications when dealing with this legislation. One key strategy when dealing with this section of the Criminal Code is to carefully assess the intent behind the actions of the individual. For instance, if a person performs an act that is intended to alarm or distress the Queen intentionally, then they can be found guilty of violating Section 49. However, where the act is committed unintentionally or without knowledge of its potential impact, it may not be considered a violation of this section. Another important factor to consider is the level of actual or potential harm that may be inflicted upon the Queen as a result of the act. As noted in section 49(b), any act that is intended or is likely to cause bodily harm to Her Majesty can lead to a maximum prison sentence of 14 years. In such cases, legal professionals may consider various factors such as the potency of any weapons involved or the specific actions of the accused in inflicting harm. Another possible strategic consideration when dealing with this section of the Criminal Code is being proactive in preventing any incidents. For instance, law enforcement or other relevant authorities can be deployed to analyze any potential threats to the monarch and act to mitigate them before they occur. This may include identifying and monitoring certain individuals or groups who may be more likely to engage in such activities, or actively investigating any reported threats to the Queen's safety. At the same time, addressing any violations of Section 49 of the Criminal Code may require a coordinated effort from multiple actors in the justice system. This may include the police who investigate the incident, the Crown prosecutor who takes the case to court, and the judge who presides over the trial. Each of these actors has a specific role to play in ensuring that justice is served and that the dignity of the Queen and the monarchy is upheld. Overall, dealing with Section 49 of the Criminal Code of Canada requires careful consideration and attention to detail. Strategies such as assessing intent, evaluating the level of harm, proactive prevention, and coordinating efforts among various actors are all important considerations when dealing with this legislation. By taking a proactive approach and carefully considering all the factors involved, legal professionals can help ensure that the law is upheld and justice is served.