Connect with us

Crime

Has Canada’s Criminal Code Lost Its Way?

Published

7 minute read

From The Audit

Laws have to be clear, consistent, and enforceable. Some of ours aren’t.

I am neither a lawyer nor the son of a lawyer and, thankfully, I’ve never been dragged through the justice system as a participant. But that doesn’t mean I can’t have thoughts.

My recent post on auto theft conviction rates ended with a suggestion that the size and complexity of Canada’s Criminal Code might be contributing to systemic problems with our courts – including suffocating inefficiencies. I’d like to explore that idea a bit more here.

First of all though, complexity is not the driver of most criminal behavior. You don’t need a law degree to know that you shouldn’t steal someone’s car or break his nose in a barroom brawl. And anyone with a grade three education should realize that government program fraud isn’t exactly saintly behaviour.

But overly complex laws can be responsible for some serious problems. Consider how clarity is actually a cornerstone of justice. In Canada, for instance, the Void for Vagueness Doctrine holds that a law is invalid if it’s too vague for the average person to understand. That’s because such laws fail to provide “fair notice” of what’s prohibited and clear standards for enforcement.

The Audit is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.

Similarly, if accused criminals can demonstrate that the complexity or ambiguity of the statute led them to reasonably believe their conduct was lawful, those laws might fail the necessary mens rea requirement for certain offences.

Unfortunate illustrations of this problem make appearances in some recent Liberal government legislation:

  • Online Harms Act (Bill C-63) fails to provide a clear definition for “online harm”. This makes it impossible for citizens to anticipate how the new Digital Safety Commission will enforce the law.
  • Online Streaming Act (Bill C-11) appears to require streaming services (like YouTube) to regulate user-generated content using an undefined standard.
  • Online News Act (Bill C-18) could affect how news is shared and accessed online, potentially influencing the availability and distribution of Canadian news​.

Of those, at least C-63 and C-11 – in their current form – could expose individuals to significant criminal and civil penalties without providing clarifying details.

Here’s another example. Section 423 of the Criminal Code prohibits intimidation:

423(1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing…blocks or obstructs a highway.

And Section 430 prohibits “mischief”, whose definition includes:

interfering with the lawful use, enjoyment, or operation of property.

Just playfully attaching a sticker to someone’s car could lead to charges even if there was no intent to cause harm (by, say, damaging the car’s paint).

The problem here is that both Sections 423 and 430 are, to put it mildly, inconsistently enforced. This is something I’ve already discussed in my Limits of Legal Protest post. Participants in recent pro-Hamas protests flagrantly blocked lawful access to roads, parks, and public buildings for weeks at a time in cities across the country. That’s a clear Section 423 and 430 violation. And yet, of the many hundreds of participants, only a handful were ever arrested and, to my knowledge, none was charged with mischief or intimidation.

Now I know exactly what you’re thinking: “Come on Clinton, what about 430(7)?”

No person commits mischief within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.

Weren’t those protesters just there to communicate information (“from the river to the sea…”)? Well I’m actually not sure how much meaningful communication was happening at those gatherings. Dialog didn’t seem to be their primary focus. But the legal issue wasn’t where they chose to stand, it was the fact that they actively and intentionally prevented the lawful use, enjoyment, or operation of property – both private and public.

Now, in that context, is it reasonable to prosecute any acts of mischief or intimidation anywhere in Canada? Couldn’t a person reasonably argue that he was under the informed opinion that Canadian police largely ignored such offences?

As the Criminal Code grows, its internal complexity is bound to increase along with it. Comparing the PDF version of the June 15, 2011 version of the Code (1,025 pages) to the most recent version  (1,349 pages) gives us a sense of the changes that are happening in both government and society as a whole. More than 226,000 words (in both French and English) were added over that time, a 31 percent increase. Revisions included updates concerning firearms and weapons, remote proceedings, indigenous rights, organized crime and terrorism, and palliative care.

All that’s not necessarily a bad thing. But when poorly-written legislation (like C-11) makes it into the books and perfectly fine legislation (like Section 430) is enforced unevenly, then we’re asking for trouble. A competent government should be able to do better than that.

Refer a friend

Todayville is a digital media and technology company. We profile unique stories and events in our community. Register and promote your community event for free.

Follow Author

Crime

Suspected ambush leaves two firefighters dead in Idaho

Published on

MXM logo MxM News

Quick Hit:

Two firefighters were killed and another wounded Sunday after a gunman opened fire on first responders tackling a blaze near Coeur d’Alene, Idaho. The shooter was later found dead, and authorities believe the fire may have been set to lure crews into an ambush.

Key Details:

  • The ambush began around 2 p.m. local time as fire crews arrived at a brush fire and were met with sniper-style gunfire from a wooded area.
  • SWAT teams located the deceased suspect roughly five hours later, with a weapon nearby. His identity has not yet been released.
  • The Kootenai County Sheriff said the ongoing fire could not be addressed during the gunfight, calling the attack a “heinous direct assault” on first responders.

Diving Deeper:

A deadly ambush on Sunday afternoon left two Idaho firefighters dead and a third injured after they were shot while attempting to contain a brush fire on Canfield Mountain. The surprise attack reportedly began around 2 p.m., when bullets suddenly rained down on emergency crews from hidden positions in the wooded terrain near Coeur d’Alene.

Authorities now believe the blaze may have been deliberately set as bait. Kootenai County Sheriff Bob Norris described the situation as “an active sniper attack,” saying the scene quickly escalated into chaos with gunfire coming from multiple directions.

“We don’t know if there’s one, two, three or four [shooters],” Norris said in an early evening press conference. “I’m hoping that someone has a clear shot and is able to neutralize [the suspect], because they’re not showing any signs of surrendering.”

Roughly five hours after the first shots were fired, SWAT officers found a body next to a firearm along the Canfield Mountain Trail. Authorities have not confirmed whether the individual was the sole assailant, nor have they publicly identified the person. The FBI, along with state and local agencies, had been deployed to the scene to assist with the operation.

The two firefighters who died have not yet been named. The third, who sustained a gunshot wound, was transported to Kootenai Health and remains hospitalized. His current condition is unknown.

The firefight effectively halted efforts to contain the brush fire, which remained active late into Sunday. “It’s going to keep burning. We can’t put any resources on it right now,” Norris said during the standoff. Shelter-in-place orders were issued for the surrounding area, including the popular Canfield Mountain Trailhead, but those restrictions were lifted after the suspect was found dead.

Idaho Governor Brad Little reacted to the tragedy on social media, calling the ambush “a heinous direct assault on our brave firefighters.” He added, “Teresa and I are heartbroken. I ask all Idahoans to pray for them and their families as we wait to learn more.”

Federal and local officials are continuing to investigate the incident, including the origins of the fire and whether additional suspects may have been involved.

Continue Reading

Crime

Florida rescues 60 missing kids in nation’s largest-ever operation

Published on

MXM logo MxM News

Quick Hit:

Florida authorities have recovered 60 “critically missing” children in a two-week operation across the Tampa Bay area. The joint state and federal effort, dubbed Operation Dragon Eye, led to eight arrests and uncovered new human trafficking investigations.

Key Details:

  • The children, aged 9 to 17, were found across Hillsborough, Pinellas, and Pasco counties. The operation was carried out with help from the U.S. Marshals, state prosecutors, and local police departments.

  • Florida Attorney General James Uthmeier confirmed eight individuals were arrested on charges including human trafficking, child endangerment, and drug-related offenses. Additional investigations are underway.

  • The Florida Department of Law Enforcement (FDLE) hailed the operation as the most successful child recovery effort in U.S. history, declaring, “Florida doesn’t look the other way — we hunt predators and bring kids home.”

Diving Deeper:

Over a two-week span, law enforcement agencies across Florida joined forces for what’s being called a historic child recovery mission. Dubbed Operation Dragon Eye, the coordinated effort led to the rescue of 60 critically missing children—some as young as 9 years old—in the Tampa Bay region, including Hillsborough, Pinellas, and Pasco counties.

According to Fox 13, federal and state agencies worked alongside local law enforcement, with direct involvement from the U.S. Marshals Service and Florida prosecutors. The term “critically missing,” as defined by the Marshals Service, applies to minors facing heightened threats such as exposure to violent crime, sexual exploitation, substance abuse, or domestic violence.

Florida Attorney General James Uthmeier praised the operation’s success in a statement posted to social media Monday. “We will keep fighting evil head-on and bringing accountability to those who harm children,” he said, confirming eight suspects had been taken into custody, with additional investigations now underway related to human trafficking networks.

Charges filed against the arrested individuals include human trafficking, child endangerment, custodial interference, and drug possession.

The Florida Department of Law Enforcement described the effort as “the most successful missing child recovery operation in American history.” In a statement, the agency said its analysts and field agents “were proud to stand shoulder to shoulder with the U.S. Marshals” and emphasized that “Florida doesn’t look the other way.”

Several nonprofits and local support groups played a vital role in caring for the recovered children, including More Too Life, the Children’s Home Network, Bridging Freedom, Bridges of Hope, Family Support Services of Pasco and Pinellas, and Redefining Refuge.

Dr. Katherine Gomez of the Florida Department of Juvenile Justice said many of these children had felt hopeless and alone. “Oftentimes these young people have felt like there’s no one in their corner. They feel abandoned… like they have to look out for themselves because no one else will,” she told WFLA.

FDLE Commissioner Mark Glass acknowledged the emotional toll such operations take on officers, who are exposed to the trauma these children endure. “They have to see everything that happens to these children, and we need to pray for them because they had to take that burden home,” he said.

Glass added that while the operation struck a major blow to human trafficking in the region, the threat remains. “The fight isn’t over.”

U.S. Marshal Bill Berger of the Middle District of Florida warned that traffickers often return to their victims if not apprehended. “If the offenders are not apprehended, they will reconnect with these children. They are, in my opinion, leeches,” Berger stated.

Officials vowed continued vigilance to keep predators behind bars and ensure every vulnerable child is found and protected.

Continue Reading

Trending

X