section 164(7)

INTRODUCTION AND BRIEF DESCRIPTION

An order made under this section prohibits any proceedings related to the same publication or recording without consent of the Attorney General.

SECTION WORDING

164(7) If an order is made under this section by a judge in a province with respect to one or more copies of a publication, a representation, written material or a recording, no proceedings shall be instituted or continued in that province under section 162, 163 or 163.1 with respect to those or other copies of the same publication, representation, written material or recording without the consent of the Attorney General.

EXPLANATION

Section 164(7) of the Criminal Code of Canada establishes a restriction on the prosecution of criminal offenses related to the distribution of publications, representations, written material, or recordings that have already been subjected to an order from a judge under this section. This restriction applies to provinces where an order has been issued, and it forbids prosecuting individuals or entities for offenses under sections 162, 163, or 163.1 of the Criminal Code without the consent of the Attorney General. This section of the Code is significant as it recognizes the importance of protecting freedom of expression while balancing it with the need to prevent the distribution of harmful or indecent material. By allowing judges to issue orders against publications or recordings that are likely to be harmful to society, this section provides a mechanism to maintain public order and decency. Additionally, the provision of consent from the Attorney General for further offenses under the same publication helps ensure that there is no repeat risky material for the public. Overall, this section ensures that appropriate measures are taken to prevent the distribution of material that can negatively affect public order, while also guaranteeing that individuals' rights to freedom of expression are protected.

COMMENTARY

Section 164(7) of the Criminal Code of Canada is a provision that provides for the issuance of an order by a judge with respect to certain materials, i.e., publication, representation, written material, or a recording. The order prohibits the institution or continuation of proceedings relating to the same materials without the consent of the Attorney General. Essentially, this section of the Criminal Code of Canada allows for a comprehensive remedy to the issues surrounding the distribution of inappropriate materials. The primary purpose of this section is to prevent the distribution of inappropriate materials that may be harmful to individuals or society. For example, if a publication, representation, written material, or recording is deemed to be obscene or hate speech, a judge may make an order to prevent its distribution. The order will prohibit further distribution of the materials and ensure that the same materials are not distributed elsewhere without the consent of the Attorney General. This makes the section an effective tool in combating the spread of material deemed harmful by the state. The section is premised on the idea that the state has an interest in protecting its citizens from potentially harmful material. This interest is balanced with the right to freedom of expression. Section 164(7) is primarily concerned with limiting the distribution of materials that may be harmful to society. This is achieved via judicial intervention, which is an essential component of Canada's legal system. The provision leaves room for the Attorney General to grant consent for further proceedings relating to the same materials. This is an important facet of the provision because it acknowledges that sometimes, materials that may be deemed harmful by the state may have artistic or educational value. In cases where such value exists, the Attorney General may grant consent for further distribution. While the provision is necessary to protect the interest of the state and its citizens, it can be argued that, at times, it limits freedom of expression. Critics of the provision argue that it lacks clarity and is prone to abuse. For example, the provision does not provide for an objective standard to determine when material is harmful. Instead, the determination is left to the judge, making the judgment subjective. There is also a fear that the provision can be used to limit the spread of information or ideas that may be contrary to the state's interests. In conclusion, Section 164(7) of the Criminal Code of Canada is an essential provision in Canada's legal system. The provision provides a remedy for dealing with material that may be harmful to society while balancing individual rights to freedom of expression. The provision leaves room for consent by the Attorney General for further proceedings, which acknowledges the value of artistic and educational material. However, critics argue that the provision is prone to abuse and lacks clarity. Overall, this provision remains relevant and necessary in Canada's legal system.

STRATEGY

Section 164(7) of the Criminal Code of Canada provides an important mechanism for dealing with obscene material and preventing its dissemination. When dealing with this section, there are several strategic considerations that must be taken into account. First and foremost, it is important to understand the scope of the section and what it covers. Section 164(7) applies to publications, representations, written material or recordings that have been deemed obscene or potentially harmful by a judge. Once an order has been made under this section, no further proceedings can be instituted or continued in that province without the consent of the Attorney General. One strategy that could be employed is to seek orders under this section in order to prevent the dissemination of obscene or harmful material. This can be particularly useful for organizations or individuals who are concerned about the impact that such material could have on society. By working with law enforcement agencies and other stakeholders, it may be possible to identify material that is particularly harmful and to take steps to prevent its distribution. Another strategy that could be employed is to use technology to monitor the dissemination of obscene or harmful material. With the rise of social media and other online platforms, it has become increasingly difficult to track the distribution of such material. However, by using tools such as digital forensics and network analysis, it may be possible to identify sources of material and to take steps to prevent its dissemination. A third strategy that could be employed is to work with communities and organizations to raise awareness about the impact of obscene or harmful material. By engaging with stakeholders, it may be possible to identify potential sources of such material and to take steps to prevent its dissemination. Additionally, by educating the public about the dangers of such material, it becomes easier to identify and stop the spread of such material. In conclusion, Section 164(7) of the Criminal Code of Canada provides an important mechanism for dealing with obscene material and preventing its dissemination. When dealing with this section, it is important to understand the scope of the section and what it covers, and to use a range of strategies to prevent the dissemination of harmful material. By working together with law enforcement agencies, stakeholders, and communities, it is possible to make a significant impact in stopping the spread of obscene or harmful material.