Criminal Code of Canada - section 56 - Offences in relation to members of RCMP

section 56

INTRODUCTION AND BRIEF DESCRIPTION

It is an offence to aid or counsel a member of the Royal Canadian Mounted Police to desert or absent themselves without leave.

SECTION WORDING

56. Every one who wilfully (a) persuades or counsels a member of the Royal Canadian Mounted Police to desert or absent himself without leave, (b) aids, assists, harbours or conceals a member of the Royal Canadian Mounted Police who he knows is a deserter or absentee without leave, or (c) aids or assists a member of the Royal Canadian Mounted Police to desert or absent himself without leave, knowing that the member is about to desert or absent himself without leave, is guilty of an offence punishable on summary conviction.

EXPLANATION

Section 56 of the Criminal Code of Canada aims to deter individuals from aiding, assisting, or encouraging members of the Royal Canadian Mounted Police to desert or absent themselves without leave. Under this section, several actions are deemed as offences. Firstly, if an individual persuades or counsels a member of the RCMP to desert or absent themselves without leave, it is a punishable offence. Secondly, anyone who aids, assists, harbours or conceals a member of the RCMP that they know is a deserter or absentee without leave, is also guilty of an offence. Lastly, aiding or assisting a member of the RCMP to desert or absent themselves without leave, with prior knowledge of their intention to do so, is also punishable by law. These offences may seem minor, but they can have serious consequences. The RCMP is responsible for protecting Canadian citizens and enforcing the law, and their absence could have a significant impact on public safety. Furthermore, members of the RCMP have taken an oath to serve and protect, and deserting or absenting themselves without leave is a breach of that oath. Therefore, Section 56 of the Criminal Code of Canada serves as a deterrent to prevent individuals from encouraging or aiding the desertion of RCMP members, as such actions are not only illegal but also undermine public safety and the oath that RCMP officers have taken.

COMMENTARY

Section 56 of the Criminal Code of Canada criminalizes the actions of those who persuade, counsel, aid, assist, harbor, or conceal a member of the Royal Canadian Mounted Police who has deserted or who is absent without leave. This offence is punishable on summary conviction, meaning that the offender may face imprisonment for a period of up to two years, a fine, or both. It is important to note that the Royal Canadian Mounted Police is a prestigious law enforcement agency in Canada, and its members are highly respected for their bravery, professionalism, and commitment to public service. Therefore, any conduct that undermines the authority and integrity of the RCMP is taken very seriously by the Canadian government and the Canadian public. Section 56 is aimed at preventing individuals from aiding or abetting a member of the RCMP in committing an offence that is detrimental to the safety and security of Canadians. By discouraging the act of desertion or absence without leave, this provision aims to ensure that the RCMP can continue to carry out its duties and responsibilities in a timely and effective manner, without any compromise to its operational capabilities. The offence of persuading or counseling a member of the RCMP to desert or absent himself without leave is particularly serious, as it involves actively encouraging an individual to abandon their duties and responsibilities, which could potentially lead to the compromising of national security. Aiding or assisting a member of the RCMP to desert or absent himself without leave, knowing that they are about to do so, is also a serious offence as it actively facilitates the commission of the offence. Harboring or concealing a member of the RCMP who is a deserter or absentee without leave is also a serious offence, as it helps the individual to evade arrest and prosecution. By doing so, the offender is actively obstructing the course of justice and preventing the RCMP from carrying out its responsibilities. The severity of the offence under section 56 of the Criminal Code of Canada is reflected in the punishment prescribed for it. The punishment is significantly more severe than that for other summary conviction offences, and reflects the gravity of the act of aiding and abetting a member of the RCMP to desert or absent himself without leave. Overall, section 56 of the Criminal Code of Canada reinforces the importance of the RCMP in maintaining public safety and security in Canada. The section sends a clear message that any act that undermines the authority or integrity of the RCMP will not be tolerated, and offenders will face serious consequences for their actions.

STRATEGY

Section 56 of the Criminal Code of Canada deals with the act of assisting or counseling a member of the Royal Canadian Mounted Police (RCMP) to desert or absent themselves without leave. This section is meant to deter individuals from encouraging or aiding such behaviour, which undermines the integrity and discipline of the RCMP. From a strategic perspective, there are several considerations when dealing with this section of the Criminal Code. The first consideration is the potential consequences of a conviction. Since the offence is punishable on summary conviction, a person convicted can face fines and/or imprisonment for up to two years. This can have serious repercussions for individuals, including damage to their reputation and livelihood. Another consideration is the likelihood of prosecution. Law enforcement and prosecuting agencies may not prioritize cases involving this offence, especially if there are more serious crimes to investigate and prosecute. However, this does not mean that individuals should not take the offence seriously or assume that they will not be caught. One of the key strategies to avoid a conviction under this section is to ensure that one is not directly involved in aiding or counseling a member of the RCMP to desert or absent themselves without leave. It is important to be aware of any potential affiliations or relationships that may put one in a situation where such assistance may be requested or expected. Furthermore, individuals should avoid associating with persons who they suspect may be planning to desert or absent themselves. In addition, one should refrain from discussing or planning any such acts with others, especially over email or social media. Electronic communications can be monitored and used as evidence in court, so it is crucial to avoid any written or recorded evidence of one's involvement in such activities. If an individual is approached by someone seeking assistance or counseling in desertion or absence without leave, it is recommended that they report the matter to the appropriate authorities immediately. This not only avoids potential involvement but also helps in maintaining the integrity of the RCMP. Another strategy that could be employed is to seek legal advice early on if one is suspected of being involved in aiding or counseling an RCMP officer to desert or absent themselves without leave. Legal counsel can advise on the best course of action and can defend the individual in court. In conclusion, section 56 of the Criminal Code of Canada is a serious offence that can have severe consequences for those convicted. It is crucial for individuals to be aware of the potential consequences and to take steps to avoid any involvement in aiding or counseling an RCMP officer to desert or absent themselves without leave. Strategies such as avoiding involvement, reporting suspicious activity, and seeking legal counsel can help individuals avoid conviction and protect their reputation and livelihood.