View source for Intimidation of a Justice System Participant (Offence)

[[fr:Intimidation d’une personne associée au système judiciaire ou d’un journaliste (infraction)]]
{{Currency2|January|2020}}
{{LevelOne}}{{HeaderOffences}}

{{OffenceBox
|OffenceTitle=Intimidation of a Justice System Participant
|OffencePage=Intimidation of a Justice System Participant
|Section=423.1
|Act={{OBCCC}} 
|CrownElection={{OBIndictableElection}}
|Jurisdiction={{OBJurisdictionAll-14Above}}
|Bail={{OBBailJudge}}
|IndictableDisp={{OBDisp14orLife}}
|IndictableMin={{OBMinNone}}
|IndictableMax={{OBTime|14 years}}
}}

==Overview==
{{seealso|Intimidation (Offence)}}
{{OverviewX|intimidation of a justice system participant}}

; Pleadings
{{PleadingsHeader-N}}
{{PleadingsIndictableList-N|s. 423.1 {{DescrSec|423.1}} | {{No}} | {{Yes}} | {{Yes-14Years}} }} 
{{PleadingsEnd}}

{{PleadingsIndictElection-14Above|s. 423.1 {{DescrSec|423.1}}}}

; Release
{{ReleaseHeader}}
|s. 423.1 {{DescrSec|423.1}}|| {{ReleaseProfile-Indictable}} 
{{ReleaseEnd}}

{{ReleaseOptions-Indictable|s. 423.1 {{DescrSec|423.1}}}}

:''<u>Reverse Onus Bail</u>''
{{ReverseOnusCirc}}

:''Fingerprints and Photos''
{{IDCriminalAct|s. 423.1 {{DescrSec|423.1}}}}

; Publication Bans
{{GeneralPubBan}}

; Offence Designations
{{DesignationHeader}}
|s. 423.1 {{DescrSec|423.1}}|| {{OKMark}} <!--wire--> || {{XMark}} <!--DO-->||{{OKMark}} <!--SPIO--> || {{XMark}} <!--consent--> || {{OKMark}}
{{DesignationEnd}}

{{WiretapDesignation|s. 423.1 {{DescrSec|423.1}} }}

{{SPIODesignation|A|s. 423.1 {{DescrSec|423.1}} }}

{{SeeBelowForAncillary}}
{{reflist|2}}

==Offence Wording==
{{quotation2|
; Intimidation of a justice system participant or a journalist
423.1 (1) No person shall, without lawful authority, engage in any conduct with the intent to provoke a state of fear in
:(a) a group of persons or the general public in order to impede the administration of criminal justice;
:(b) a justice system participant or military justice system participant in order to impede him or her in the performance of his or her duties; or
:(c) a journalist in order to impede him or her in the transmission to the public of information in relation to a criminal organization.

(2) [Repealed, {{LegHistory10s|2015, c. 13}}, s. 12]

; Punishment
(3) Every person who contravenes this section is guilty of an indictable offence and is liable to imprisonment for a term of not more than fourteen years.
<br>
{{removed|(4)}}
{{LegHistory00s|2001, c. 32}}, s. 11; 
{{LegHistory10s|2015, c. 13}}, s. 12;
{{LegHistory10s|2019, c. 15}}, s. 47.
|{{CCCSec2|423.1}}
|{{NoteUp|423.1|1|3}}
}}

===Draft Form of Charges===
{{seealso|Draft Form of Charges}}
{{DraftHeader}}
|-
|423.1
| Intimidation of a justice system participant or a journalist 
|"{{ellipsis1}} without lawful authority and with the intent to provoke a state of fear in [name1] or the general public in order to impede the administration of justice ... {{ToWit-Particulars}} {{contrary|423.1}}."
{{DraftEnd}}

==Proof of the Offence==

{{ElementHeader}}
{{ElementLeft}}
{{Proving|intimidation of justice system participants|423.1(1)}}
{{InitialElements}}
# {{box}} the culprit engages in prohibited conduct (does not need to be successful in objective) consisting of any of the following{{ARConduct}}: 
## {{box}} "using violence against a justice system participant or a journalist or anyone known to either of them or destroying or causing damage to the property of any of those persons;"
## {{box}} "threatening to engage in conduct described in paragraph (a) in Canada or elsewhere;"
## {{box}} "persistently or repeatedly following a justice system participant or a journalist or anyone known to either of them, including following that person in a disorderly manner on a highway;"
## {{box}} "repeatedly communicating with, either directly or indirectly, a justice system participant or a journalist or anyone known to either of them;" and
## {{box}} "besetting or watching the place where a justice system participant or a journalist or anyone known to either of them resides, works, attends school, carries on business or happens to be."
# {{box}} the culprit knew the victim was of the prohibited class of people consisting of{{MRCirc}}:
## {{box}} a group of persons or the general public in order to impede the administration of criminal justice;
## {{box}} a justice system participant in order to impede him or her in the performance of his or her duties; 
## {{box}} a journalist in order to impede him or her in the transmission to the public of information in relation to a criminal organization;
# {{box}} the prohibited conduct was intended to provoke a state of fear in the prohibited group in order to impede them in some aspect of their conduct or the result was likely foreseeable; {{MRConduct}} and
# {{box}} the culprit had no lawful authority. {{ARCirc}}
{{ElementEnd}}

===Draft Form of Charges===
{{seealso|Draft Form of Charges}}

==Interpretation of the Offence==
An accused need only foresee that, by conveying a threat of violence to a justice system participant, a form of intimidation was likely to result sufficient to impede the official in the general performance of his or her duties.<ref>
{{CanLIIRx|Armstrong|2238m|2008 BCSC 1683 (CanLII)}}{{perBCSC| Dickson J}}<br>
{{CanLIIRP|Chartrand|1frqp|1994 CanLII 53 (SCC)|[1994] 2 SCR 864}}{{perSCC|L'Heureux‑Dubé J}} </ref>

{{Reflist|2}}

===Threatening to Engage===

The crown must prove that the accused could foresee that by conveying a threat of violence, intimidation sufficient to impede the person's performance in their duties would result.<ref>
{{CanLIIRP|Armstrong|frnb3|2012 BCCA 248 (CanLII)|288 CCC (3d) 282}}{{perBCSC| Dickson J}}</ref>

{{Reflist|2}}

===Justice System Participant===
{{quotation2|
2 In this Act,<br>
{{ellipsis}}
'''"justice system participant"''' means
:(a) a member of the Senate, of the House of Commons, of a legislative assembly or of a municipal council, and
:(b) a person who plays a role in the administration of criminal justice, including
::(i) the Minister of Public Safety and Emergency Preparedness and a Minister responsible for policing in a province,
::(ii) a prosecutor, a lawyer, a member of the Chambre des notaires du Québec and an officer of a court,
::(iii) a judge and a justice,
::(iv) a juror and a person who is summoned as a juror,
::(v) an informant, a prospective witness, a witness under subpoena and a witness who has testified,
::(vi) a peace officer within the meaning of any of paragraphs (b), (c), (d), (e) and (g) of the definition “peace officer”,
::(vii) a civilian employee of a police force,
::(viii) a person employed in the administration of a court,
::(viii.1) a public officer within the meaning of subsection 25.1(1) {{AnnSec0|25.1(1)}} and a person acting at the direction of such an officer,
::(ix) an employee of the Canada Revenue Agency who is involved in the investigation of an offence under an Act of Parliament,
::(ix.1) an employee of the Canada Border Services Agency who is involved in the investigation of an offence under an Act of Parliament,
::(x) an employee of a federal or provincial correctional service, a parole supervisor and any other person who is involved in the administration of a sentence under the supervision of such a correctional service and a person who conducts disciplinary hearings under the ''Corrections and Conditional Release Act'', and
::(xi) an employee and a member of the National Parole Board and of a provincial parole board;
:(c) a person who plays a role in respect of proceedings involving
::(i) security information,
::(ii) criminal intelligence information,
::(iii) information that would endanger the safety of any person if it were disclosed,
::(iv) information that is obtained in confidence from a source in Canada, the government of a foreign state, an international organization of states or an institution of such a government or international organization, or
::(v) potentially injurious information or sensitive information as those terms are defined in section 38 {{AnnSecE|38}} of the ''Canada Evidence Act'';<br>
{{ellipsis}}
{{History-S2}}

|{{CCCSec2|2}}
|{{NoteUp|2}}
}}

{{quotation2|
423.1<br>
{{removed|(1), (2) and (3)}}
; Definition of military justice system participant
(4) In this section, military justice system participant has the same meaning as in subsection 2(1) of the National Defence Act.
{{LegHistory00s|2001, c. 32}}, s. 11; 
{{LegHistory10s|2015, c. 13}}, s. 12;
{{LegHistory10s|2019, c. 15}}, s. 47.
|{{CCCSec2|423.1}}
|{{NoteUp|423.1|4}}
}}

==Participation of Third Parties==
{{seealso|Role of the Victim and Third Parties|Testimonial Aids for Young, Disabled or Vulnerable Witnesses}}

; Testimonial Aids
{{3rdPTestimonyAids}}

; On Finding of Guilt
{{VictimHeader}} <!-- Sections / Notice of Agree / Notice of Restitution / Notice of VIS -->
|s. x {{DescrSec|x}} || || ||
|-
{{VictimEnd}}{{606NoticeSPIO|s. 423.1}}

{{RestitutionNotice}}

{{VISNotice}}

==Sentencing Principles and Ranges==
{{seealsoSentencing}}

===Sentencing Profile===
; Maximum Penalties
{{SProfileMaxHeader}}
{{SProfileMax|s. 423.1 {{DescrSec|423.1}} | {{NA}} | {{Max14Years}} }} 
{{SProfileEnd}}

{{MaxPenaltyIndictment|s. 423.1 {{DescrSec|423.1}}|'''{{Max14Years}}'''}}

; Minimum Penalties
{{NoMinimumPenalties}}

; Available Dispositions
{{SProfileAvailHeader}}
|s. 423.1 {{DescrSec|423.1}}|| {{NA}}|| {{SProfileNoDischargeOrCSO}}
|-
{{SProfileEnd}}

{{NoDischargeAvailable|s. 423.1 {{DescrSec|423.1}}}}
{{NoCSOAvailable|C|s. 423.1 {{DescrSec|423.1}}}}

; Consecutive Sentences
{{NoConsecutive}}

===Principles===

===Ranges===
{{seealsoRanges|Intimidation of a Justice System Participant}}

==Ancillary Sentencing Orders==
{{seealso|Ancillary Orders}}

; Offence-specific Orders
{{AOrderHeader}}

{{AOrder1| [[DNA Orders]]|s. 423.1 {{DescrSec|423.1}}|
* {{PrimDNA2|s. 423.1 {{DescrSec|423.1}}}} }}
{{AOrderEnd}}

; General Sentencing Orders
{{GeneralSentencingOrders}}

; General Forfeiture Orders
{{GeneralForfeitureOrders}}

==Record Suspensions and Pardons== 

{{RecordSuspension|s. 423.1 {{DescrSec|423.1}} }}

==History==
Prior to 2015, the section read:
{{quotation2|
; Intimidation of a justice system participant or a journalist
423.1 (1) No person shall, without lawful authority, engage in conduct referred to in subsection (2) with the intent to provoke a state of fear in
:(a) a group of persons or the general public in order to impede the administration of criminal justice;
:(b) a justice system participant in order to impede him or her in the performance of his or her duties; or
:(c) a journalist in order to impede him or her in the transmission to the public of information in relation to a criminal organization.

; Prohibited conduct
(2) The conduct referred to in subsection (1) consists of
:(a) using violence against a justice system participant or a journalist or anyone known to either of them or destroying or causing damage to the property of any of those persons;
:(b) threatening to engage in conduct described in paragraph (a) in Canada or elsewhere;
:(c) persistently or repeatedly following a justice system participant or a journalist or anyone known to either of them, including following that person in a disorderly manner on a highway;
:(d) repeatedly communicating with, either directly or indirectly, a justice system participant or a journalist or anyone known to either of them; and
:(e) besetting or watching the place where a justice system participant or a journalist or anyone known to either of them resides, works, attends school, carries on business or happens to be.

{{ellipsis}}
; Punishment
(3) Every person who contravenes this section is guilty of an indictable offence and is liable to imprisonment for a term of not more than fourteen years.
<br>
{{LegHistory00s|2001, c. 32}}, s. 11.
|{{CCCSec2|423.1}}
|{{NoteUp|423.1|1|2|3}}
}}

==See Also==

{{OffencesNavBar/Admin}}