Criminal Law Notebook

Possession of Stolen Property (Offence): Difference between revisions

← Older edit
VisualWikitext
m Text replacement - "<Br>" to "<br>"
m Text replacement - "\{\{Fr\|([^\}\}]+)\}\}" to "Fr:$1"
 
(17 intermediate revisions by the same user not shown)
Line 1: Line 1:
[[Fr:Possession_de_biens_criminellement_obtenus_(infraction)]]
{{LevelZero}}{{HeaderOffences}}
{{LevelZero}}{{HeaderOffences}}


Line 65: Line 66:
==Offence Wording==
==Offence Wording==
{{quotation2|
{{quotation2|
Possession of property obtained by crime
354 (1) Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from
(a) the commission in Canada of an offence punishable by indictment; or
(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.
Marginal note:Obliterated vehicle identification number
(2) In proceedings in respect of an offence under subsection (1), evidence that a person has in their possession a motor vehicle the vehicle identification number of which has been wholly or partially removed or obliterated or a part of a motor vehicle being a part bearing a vehicle identification number that has been wholly or partially removed or obliterated is, in the absence of any evidence to the contrary, proof that the motor vehicle or part, as the case may be, was obtained,
(a) by the commission in Canada of an offence punishable by indictment; or
(b) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.
Marginal note:Definition of vehicle identification number
(3) For the purposes of subsection (2), vehicle identification number means any number or other mark placed on a motor vehicle for the purpose of distinguishing the motor vehicle from other similar motor vehicles.
Marginal note:Exception
(4) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or a thing or the proceeds of property or a thing mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer’s duties.
R.S., 1985, c. C-46, s. 3541997, c. 18, s. 232018, c. 29, s. 39
Previous Version

---
; Possession of property obtained by crime
; Possession of property obtained by crime
354 (1) Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from
354 (1) Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from
Line 75: Line 104:
:(b) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.<br>
:(b) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.<br>


....<br>
{{removed|(3)}}
; Exception
; Exception
(4) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or a thing or the proceeds of property or a thing mentioned in subsection (1) {{AnnSec3|354(1)A}} for the purposes of an investigation or otherwise in the execution of the peace officer’s duties.
(4) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or a thing or the proceeds of property or a thing mentioned in subsection (1) {{AnnSec3|354(1)A}} for the purposes of an investigation or otherwise in the execution of the peace officer’s duties.
Line 83: Line 112:
{{LegHistory10s|2018, c. 29}}, s. 39.
{{LegHistory10s|2018, c. 29}}, s. 39.
{{Annotation}}
{{Annotation}}
|[{{CCCSec|354}} CCC]
|{{CCCSec2|354}}
|{{NoteUp|354|1|2|4}}
|{{NoteUp|354|1|2|4}}
}}
}}
Line 102: Line 131:
{{LegHistory10s|2019, c. 25}}, s. 131.
{{LegHistory10s|2019, c. 25}}, s. 131.
{{Annotation}}
{{Annotation}}
|[{{CCCSec|355}} CCC]
|{{CCCSec2|355}}
|{{NoteUp|355}}
|{{NoteUp|355}}
}}
}}
Line 108: Line 137:
===Draft Form of Charges===
===Draft Form of Charges===
{{seealso|Draft Form of Charges}}
{{seealso|Draft Form of Charges}}
{{DraftHeader}}
{{DraftHeader}}
|-
|-
| 355
| 355
|  
| possession of property obtained by theft
|"..., contrary to section 355 of the ''Criminal Code''.
|"{{ellipsis1}}did have in their possession [describe property] of a value [not] exceeding $5,000, knowing that the property, thing or proceeds [was/were] obtained by or derived from the commission of an offence punishable by indictment, to wit: [offence], contrary to section 354(1) of the ''Criminal Code''.
{{DraftEnd}}
{{DraftEnd}}


Line 150: Line 178:
==="property"===
==="property"===
{{quotation2|
{{quotation2|
s. 2<br>...<br>
2 In this Act,<br>
{{ellipsis}}
'''"property"''' includes
'''"property"''' includes
:(a) real and personal property of every description and deeds and instruments relating to or evidencing the title or right to property, or giving a right to recover or receive money or goods,
:(a) real and personal property of every description and deeds and instruments relating to or evidencing the title or right to property, or giving a right to recover or receive money or goods,
:(b) property originally in the possession or under the control of any person, and any property into or for which it has been converted or exchanged and anything acquired at any time by the conversion or exchange, and
:(b) property originally in the possession or under the control of any person, and any property into or for which it has been converted or exchanged and anything acquired at any time by the conversion or exchange, and
:(c) any postal card, postage stamp or other stamp issued or prepared for issue under the authority of Parliament or the legislature of a province for the payment to the Crown or a corporate body of any fee, rate or duty, whether or not it is in the possession of the Crown or of any person;<br>
:(c) any postal card, postage stamp or other stamp issued or prepared for issue under the authority of Parliament or the legislature of a province for the payment to the Crown or a corporate body of any fee, rate or duty, whether or not it is in the possession of the Crown or of any person;<br>
 
{{ellipsis}}
{{History-S2}}  
{{History-S2}}  
|[{{CCCSec|2}} CCC]
|{{CCCSec2|2}}
|{{NoteUp|2}}
|{{NoteUp|2}}
}}
}}


The definition of property under s. 2 does ''not'' include "interest in property".<ref>
The definition of property under s. 2 does ''not'' include "interest in property."<ref>
{{CanLIIR|Brunner|2dc4p|1995 ABCA 120 (CanLII)}}
{{CanLIIRP|Brunner|2dc4p|1995 ABCA 120 (CanLII)|97 CCC (3d) 31}}
</ref>
</ref>


{{quotation2|
{{quotation2|
; Definition of “property”
; Definition of “property”
428. In this Part {{AnnSec|Part XI}}, “property” means real or personal corporeal property.
428. In this Part {{AnnSec|Part XI}}, '''"property"''' means real or personal corporeal property.
<br>
<br>
R.S., c. C-34, s. 385.{{Annotation}}
R.S., c. C-34, s. 385.{{Annotation}}
|[{{CCCSec|428}} CCC]
|{{CCCSec2|428}}
|{{NoteUp|428}}
|{{NoteUp|428}}
}}
}}


{{quotation2|
{{quotation3|
; Postcard a chattel, value
; Postcard a chattel, value
4 (1) For the purposes of this Act, a postal card or stamp referred to in paragraph (c) of the definition property in section 2 shall be deemed to be a chattel and to be equal in value to the amount of the postage, rate or duty expressed on its face.
4 (1) For the purposes of this Act, a postal card or stamp referred to in paragraph (c) of the definition property in section 2 shall be deemed to be a chattel and to be equal in value to the amount of the postage, rate or duty expressed on its face.<br>
...<br>
{{removed|(2), (3), (4), (5), (6), (6.1), (7) and (8)}}
|[{{CCCSec|4}} CCC]
R.S., 1985, c. C-46, s. 4
R.S., 1985, c. 27 (1st Supp.), s. 3;
1994, c. 44, s. 3;
1997, c. 18, s. 2;
2008, c. 18, s. 1;
2014, c. 31, s. 2.
|{{CCCSec2|4}}
|{{NoteUp|4|1}}
|{{NoteUp|4|1}}
|{{terms-
|"property" (s. 2)
|"valuable security" (s. 2)
}}
}}
}}


; Presumed Value
; Presumed Value
Stolen property is ''prima facie'' presumed to be the retail value of the items.<ref>
Stolen property is ''prima facie'' presumed to be the retail value of the items.<ref>
{{CanLIIR|Belanger|htwr5|1972 CanLII 1253 (BC CA)}}
{{CanLIIRP|Belanger|htwr5|1972 CanLII 1253 (BC CA)|6 CCC (2d) 210}}
</ref>
</ref>


Line 191: Line 230:
==="Vehicle Identification Number"===
==="Vehicle Identification Number"===
{{quotation2|
{{quotation2|
354.<br>
354<br>
{{removed|(1) and (2)}}
{{removed|(1) and (2)}}
; Definition of “vehicle identification number”
; Definition of “vehicle identification number”
Line 200: Line 239:
{{LegHistory90s|1997, c. 18}}, s. 23.
{{LegHistory90s|1997, c. 18}}, s. 23.
{{Annotation}}
{{Annotation}}
| [{{CCCSec|354}} CCC]
| [{{CCCSec|354}}
|{{NoteUp|354|3}}
|{{NoteUp|354|3}}
}}
}}
Line 214: Line 253:
<br>
<br>
{{LegHistory90s|1997, c. 18}}, s. 80.
{{LegHistory90s|1997, c. 18}}, s. 80.
|[{{CCCSec|657.2}} CCC]
|{{CCCSec2|657.2}}
|{{NoteUp|657.2|1|2}}
|{{NoteUp|657.2|1|2}}
}}
}}
Line 233: Line 272:
{{LegHistory10s|2010, c. 14}}, s. 11.
{{LegHistory10s|2010, c. 14}}, s. 11.
{{Annotation}}
{{Annotation}}
|[{{CCCSec|593}} CCC]
|{{CCCSec2|593}}
|{{NoteUp|593|1|2}}
|{{NoteUp|593|1|2}}
}}
===Importation===
{{quotation2|
; Bringing into Canada property obtained by crime
357 Every person who brings into or has in Canada anything that they have obtained outside Canada by an act that, if it had been committed in Canada, would have been the offence of theft or an offence under section 342 {{AnnSec3|342}} or 354 {{AnnSec3|354A}} is guilty of
:(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
:(b) an offence punishable on summary conviction.
R.S., {{LegHistory80s|1985, c. C-46}}, s. 357
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 50;
{{LegHistory10s|2019, c. 25}}, s. 132.
{{Annotation}}
|[{{CCCSec|357}} CCC]
|{{NoteUp|357}}
}}
}}


Line 260: Line 284:


R.S., {{LegHistory80s|1985, c. C-46}}, s. 358; R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 50.{{Annotation}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 358; R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 50.{{Annotation}}
|[{{CCCSec|358}} CCC]
|{{CCCSec2|358}}  
|{{NoteUp|358}}
|{{NoteUp|358}}
}}
}}


Merely getting into a stolen vehicle that was known to be stolen is not enough to establish possession or control.<Ref>
Merely getting into a stolen vehicle that was known to be stolen is not enough to establish possession or control.<Ref>
{{CanLIIR|Terrence|1vqzk|1980 CanLII 74 (ON CA)}}{{perONCA|MacKinnon CJ}}("With deference, in my view, the mere getting into a stolen vehicle knowing it to be stolen, without more, would not be sufficient to establish the measure of control which I conclude is necessary to satisfy the requirement of the subsection.")
{{CanLIIRP|Terrence|1vqzk|1980 CanLII 74 (ON CA)|55 CCC (2d) 183}}{{perONCA|MacKinnon CJ}}("With deference, in my view, the mere getting into a stolen vehicle knowing it to be stolen, without more, would not be sufficient to establish the measure of control which I conclude is necessary to satisfy the requirement of the subsection.")
</ref>
</ref>


Line 358: Line 382:


R.S., {{LegHistory80s|1985, c. C-46}}, s. 359; R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 51.{{Annotation}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 359; R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 51.{{Annotation}}
|[{{CCCSec|359}} CCC]
|{{CCCSec2|359}}
|{{NoteUp|}}
|{{NoteUp|}}
}}
}}
Line 365: Line 389:
Insofar as s. 359 requires admission of irrelevant or purely character evidence, it violates s. 7 of the Charter and should be "read down" to exclude irrelevant evidence.  
Insofar as s. 359 requires admission of irrelevant or purely character evidence, it violates s. 7 of the Charter and should be "read down" to exclude irrelevant evidence.  
<ref>
<ref>
{{CanLIIR|Hewitt|g9vsb|1986 CanLII 4716 (MB CA)}}{{perMBCA|Huband JA}} ("The admission of irrelevant and prejudicial evidence by virtue of s. 317(1) is surely contrary to the principles of fundamental justice. ")<br>
{{CanLIIRP|Hewitt|g9vsb|1986 CanLII 4716 (MB CA)|32 CCC (3d) 54}}{{perMBCA|Huband JA}} ("The admission of irrelevant and prejudicial evidence by virtue of s. 317(1) is surely contrary to the principles of fundamental justice. ")<br>
{{CanLIIR|Guyett|g9nxc|1989 CanLII 7202 (ON CA)}}{{perONCA|Brooke JA}}("It is sufficient to say that I agree with the judgment of the majority in Hewitt that s. 317 goes much farther than the general rules of admissibility and that under it, evidence of bad character can be introduced even if it shows nothing more. To this extent, the section violates the principles of fundamental justice and the guarantee in s. 7 of the Charter. In my opinion, this section cannot be read down.")
{{CanLIIRP|Guyett|g9nxc|1989 CanLII 7202 (ON CA)|51 CCC (3d) 368}}{{perONCA|Brooke JA}}("It is sufficient to say that I agree with the judgment of the majority in Hewitt that s. 317 goes much farther than the general rules of admissibility and that under it, evidence of bad character can be introduced even if it shows nothing more. To this extent, the section violates the principles of fundamental justice and the guarantee in s. 7 of the Charter. In my opinion, this section cannot be read down.")
</ref>
</ref>


Line 377: Line 401:


R.S., c. C-34, s. 318.{{Annotation}}
R.S., c. C-34, s. 318.{{Annotation}}
|[{{CCCSec|360}} CCC]
|{{CCCSec2|360}}  
|{{NoteUp|}}
|{{NoteUp|}}
}}
}}
Retrieved from "https://criminalnotebook.ca/index.php/Possession_of_Stolen_Property_(Offence)"