Reference no: EM133197298
Identify the section and classify each of the offences that the accused was charged with on January 12, Y0. Cite the authority.
Scenario:
On January 1 of Y0, a group of individuals who were unhappy with a recent law, staged protests in the city of Collegetown, ON. The organizers of the protest planned to peacefully attend the city hall of Collegetown to get the attention of local lawmakers and demand that the law be changed.
Feeling inspired by the organizer's intentions, people from nearby towns and provinces cheered on those leading the protest, many joined in on the protesting activities, and thousands of people and organizations donated money to the cause. The donations have so far totalled $100,000.00. Hundreds of protesters and their supporters have blocked the streets of downtown Collegetown causing chaos for businesses and individuals. Citizens, businesses, and officials have been outspoken about their objections to the demonstrations. Some of the complaints from businesses and citizens have been about traffic gridlock, lost income, noise, fear of harassment and violence, and safety concerns. Organizers and participants have now stayed at the city hall of Collegetown and surrounding streets for twelve days.
The local police force has now taken steps to disband the protesters. Many of the protesters left peacefully; however, many of them remained, vowing to never leave until their demands have been heard. On January 12, Y0, the local police made several arrests. One of the organizers of the protest, Barbara Mattel, has been arrested and charged with mischief, intimidation, obstructing a highway and obstructing a police officer. Barbara Mattel was previously arrested on December 15, Y-1, and charged with mischief, and counselling to commit mischief, counselling to disobey a court order, and counselling to obstruct police. Those charges are still pending. Barbara Mattel has been extremely vocal in the news and on social media about her ongoing commitment to the protest. Barbara Mattel is scheduled for a bail hearing.
The accused was charged with:
1) Mischief
2) Intimidation
3) Obstructing a highway
4) Obstructing a police officer
Section 430(1) of the Criminal Code deals with mischief. The maximum punishment for mischief is imprisonment for life.
Section 423 of the Criminal Code:
The accused was also charged with counselling to commit mischief, counselling to disobey a court order, and counselling to obstruct police. These charges are still pending.
Section 423 of the Criminal Code deals with counselling to commit an indictable offence. The maximum punishment for counselling to commit an indictable offence is imprisonment for life.