Criminal Code of Canada - section 57(2) - False statement in relation to passport

section 57(2)

INTRODUCTION AND BRIEF DESCRIPTION

Making false statements to obtain a passport or alter a passport is a criminal offence in Canada, punishable by imprisonment.

SECTION WORDING

57(2) Every one who, while in or out of Canada, for the purpose of procuring a passport for himself or any other person or for the purpose of procuring any material alteration or addition to any such passport, makes a written or an oral statement that he knows is false or misleading (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) is guilty of an offence punishable on summary conviction.

EXPLANATION

Section 57(2) of the Criminal Code of Canada deals with the offense of making a false or misleading statement while applying for a passport or making material alterations to an existing one. The provision applies to all persons, whether they are within or outside Canada at the time of the offense. The key element of the offense is that the person making the statement must know that it is false or misleading. This means that there must be an element of intention or knowledge of wrongdoing on the part of the offender. The provision covers both written and oral statements, which means that it applies to both application forms and interviews with passport officials. The maximum punishment for the offense is imprisonment for up to two years if the offender is convicted upon indictment. Alternatively, the offender may face punishment on summary conviction, which could involve a shorter prison sentence or a fine. The provision is designed to prevent fraud and misrepresentation in passport applications, which can have serious consequences for national security and immigration enforcement. It underscores the importance of providing accurate and truthful information when applying for official documents, and the consequences of not doing so.

COMMENTARY

Section 57(2) of the Criminal Code of Canada deals with the offence of making false statements for the purpose of procuring a passport or making any material alteration or addition to an existing passport. This provision is in line with Canada's efforts to maintain the integrity of its passport issuance and control. The provision makes it a criminal offence to make a false or misleading statement in writing or orally while in or out of Canada for the purpose of procuring a passport or making any material alteration or addition to it. The subsection (a) of the provision provides for punishment for an indictable offence, which means that the offender can be sentenced to imprisonment for up to two years. The subsection (b) provides for a summary conviction, which is a less severe offence that can result in imprisonment for up to six months or a fine of up to $5000 or both. The provision is significant in that it aims to prevent fraudulent activities by persons seeking to obtain or alter passports, and it also helps to prevent the misuse of passports, which could lead to a breach of border security. Indeed, the issuance of passports is a vital function of any government, and ensuring the authenticity of such documents is crucial to national security. Furthermore, this provision is consistent with Canada's obligations under international law, including the United Nations Convention against Transnational Organized Crime (UNCTOC), which requires states parties to criminalize the production, manufacture, or possession of fraudulent travel or identity documents. In practice, enforcing this provision can be challenging, as the prosecution must show that the accused knew that their statement was false or misleading and that this statement was made for the purpose of procuring a passport or making any material alteration or addition to an existing passport. As such, it requires a high degree of evidence for prosecution to be successful. In conclusion, section 57(2) of the Criminal Code of Canada serves as a vital tool towards the country's commitment to ensuring the integrity of its passport issuance process and maintaining national security. The provision helps in preventing fraudulent activities aimed at acquiring passports or altering existing ones for ulterior motives. However, the challenges in prosecution highlight the need for further elements that help to deter such activities and make prosecution more effective.

STRATEGY

Section 57(2) of the Criminal Code of Canada, which deals with the procurement of false passports, is a serious offence that can carry severe consequences. When dealing with this section, there are a number of strategic considerations that must be taken into account. One of the most important strategic considerations is the need to avoid making any false or misleading statements. This is because even a seemingly innocent misrepresentation can be enough to trigger liability under Section 57(2). As a result, individuals who are seeking to obtain a passport should ensure that they provide accurate and truthful information at all times, and should avoid exaggerating or embellishing any details. Another key consideration is the need to be proactive when dealing with passport applications. This may involve conducting research into the various requirements and procedures that must be followed, as well as seeking out professional assistance where appropriate. For example, individuals who are not familiar with the passport application process may benefit from seeking advice from a lawyer or a passport consultant who can help them to navigate the various requirements and procedures involved. It is also important to be aware of the potential consequences of failing to comply with Section 57(2). This may include criminal charges, fines, and imprisonment, as well as negative effects on the individual's reputation and future travel plans. As a result, individuals who are facing charges under this section should consider seeking legal advice in order to understand their options and to develop an effective defense strategy. One potential strategy that can be employed when dealing with Section 57(2) is to challenge the evidence that is being used against the accused. This might involve questioning the accuracy or reliability of the evidence, or arguing that it was obtained illegally or in violation of the accused's rights. Additionally, individuals who are charged under this section may be able to argue that they did not knowingly make false statements, or that any misleading statements were made in good faith. Another potential strategy is to negotiate with the prosecution in order to secure a plea deal or reduced charges. This may involve cooperating with the authorities in order to provide information or testimony that can be used to prosecute others who are involved in similar criminal activity. In conclusion, dealing with Section 57(2) of the Criminal Code of Canada requires careful consideration and strategic planning. By avoiding false or misleading statements, being proactive in the passport application process, understanding the potential consequences of noncompliance, and exploring various legal strategies, individuals can minimize their risks and ensure the best possible outcome in their case.