Criminal Code of Canada - section 167(1) - Immoral Theatrical Performance

section 167(1)

INTRODUCTION AND BRIEF DESCRIPTION

It is illegal for anyone in charge of a theatre to present or allow an immoral, indecent, or obscene performance.

SECTION WORDING

167(1) Every one commits an offence who, being the lessee, manager, agent or person in charge of a theatre, presents or gives or allows to be presented or given therein an immoral, indecent or obscene performance, entertainment or representation.

EXPLANATION

Section 167(1) of the Criminal Code of Canada is a provision that prohibits an individual from presenting, giving, or allowing an immoral, indecent, or obscene performance, entertainment, or representation in a theatre. This provision also applies to individuals who are the lessee, manager, agent, or person in charge of the theatre. The purpose of this provision is to safeguard public morality and decency. It recognizes the importance of maintaining public standards of morality and decency in places of public entertainment, such as theatres. Such standards serve as a reflection of the values and beliefs of society. This provision seeks to prevent the presentation of any form of indecent or obscene performance, entertainment or representation in a theatre. Such performances might include those that are sexually explicit, encourage violence or hate, or are otherwise harmful to the public. Violations of this provision are considered criminal offences and attract penalties under Canadian criminal law. Those who violate this provision risk facing prosecution and possible imprisonment, and their actions could lead to social harms such as the loss of public confidence in the theatre industry as a whole. In conclusion, Section 167(1) of the Criminal Code of Canada is a crucial provision that upholds the standards of public morality and decency. It is a recognition of the need to maintain ethical and moral standards in all aspects of public entertainment, and it is a tool for ensuring that society operates in accordance with its values and beliefs.

COMMENTARY

The entertainment and arts industry is one that offers a platform for people to express themselves creatively and artistically. However, this platform must be regulated to ensure that performances do not cross the line of decency and righteousness. This concern is the reason why various countries around the world, including Canada, have enacted laws to regulate public performances. Section 167(1) of the Criminal Code of Canada prohibits the presentation, giving, or allowing of an immoral, indecent, or obscene performance, entertainment, or representation. The legislation applies to any individual who is diagnosed as a lessee, manager, agent, or person in charge of a theatre. The law is almost self-explanatory in that it is explicit in limiting the type of performances that can be presented in a theatre. The provision in question is a testament to Canada's commitment to social and cultural decency, and it reflects the country's attempts at implementing and reinforcing the values it prioritizes. This legislation aligns with the Canadian society's perception of what activities are acceptable and not acceptable in public places, including theatres. The presence of this law creates a sense of order and regulation in the arts industry and promotes the need for artistic expression in a way that upholds community standards. Furthermore, without a doubt, it is essential to regulate performances that take place in public places like theatres, as the public nature of such performances can influence the attitudes and values of people who watch them, particularly minors. As a result, the law is designed to safeguard public values by prohibiting performances that might cause moral distress, perpetuate derogatory narratives, or encourage socially indiscernible behavior. However, the decision to prosecute individuals associated with theatre management who violate Section 167(1) relies on subjective judgments about what is immoral, indecent, or obscene." This process raises the issue of How to establish these conditions and who ultimately has the authority to determine them. This legislation gives rise to questions such as how we define obscenity, whether there is a shared understanding of what community standards are and how to protect the right to artistic freedom, among other things. The difficulty of interpretation can lead some theatre managers, lessees, or agents to err on the side of caution to avoid societal backlash and legal action. As a result, this act can limit the creativity and free expression of artists. In conclusion, Section 167(1) of Canada's Criminal Code is a crucial piece of legislation that ensures the preservation of the Canadian society's cultural and social values. It protects the public from offensive content that could promote immoral or indecent activities in public places. Nevertheless, the euphemistic nature of the clause's language provides an opening for subjective interpretation that can infringe on an individual's right to express themselves artistically. Therefore, there is a need to balance the promotion of society's values and the freedom of artistic expression to avoid situations that lead to legal action that taints the reputation of artists and detracts from their craft.

STRATEGY

Section 167(1) of the Criminal Code of Canada prohibits the presentation or allowance of immoral, indecent or obscene performance, entertainment or representation in a theatre by anyone who is a lessee, manager, agent or person in charge of the theatre. The section is broad in its ambit and has the potential to impact a wide range of artistic expressions and performances. Dealing with this section requires a careful and strategic approach to ensure that artistic freedom is protected while complying with the criminal law. One major strategic consideration when dealing with Section 167(1) is the definition of "immoral, indecent or obscene performance, entertainment or representation." The Supreme Court of Canada has held that these terms are to be interpreted in light of contemporary community standards and that it is the Crown's burden to prove beyond a reasonable doubt that the performance is immoral, indecent or obscene. However, this leaves a lot of room for interpretation and can lead to uncertainty for performers, producers, and theatre owners. To mitigate the risks associated with Section 167(1), some strategies that could be employed include: 1. Conducting a thorough review: Prior to presenting any performance, entertainment or representation in a theatre, performers, producers, and theatre owners should conduct a thorough review of the material to assess whether it could be considered immoral, indecent or obscene. This review can be done in consultation with a legal expert familiar with Section 167(1). 2. Obtaining legal advice: Legal advice can help performers, producers, and theatre owners to better understand Section 167(1) and its application to their particular situation. Legal experts can provide strategies to mitigate the risks of prosecution or help to defend any charges. 3. Engaging with the community: Community engagement can help to build support for artistic expressions that may be at risk of violating Section 167(1). Engaging with the community can help to create shared understanding of artistic freedom and the importance of community standards. 4. Creating new artistic expressions: Some performers and producers may choose to create new artistic expressions that fall outside the ambit of Section 167(1) to avoid the risk of prosecution. 5. Challenging the law: Some performers, producers, and theatre owners may choose to challenge the constitutionality of Section 167(1) in court. A successful challenge could result in a narrower interpretation of the law or a complete strike down, resulting in greater artistic freedom. In conclusion, Section 167(1) of the Criminal Code of Canada can impact the artistic freedom of performers, producers, and theatre owners. As such, dealing with the section requires a careful and strategic approach that balances artistic freedom with the need to comply with criminal law. To mitigate the risks associated with Section 167(1), performers, producers, and theatre owners can conduct a thorough review of their material, obtain legal advice, engage with the community, create new artistic expressions, or challenge the law in court.