INTRODUCTION AND BRIEF DESCRIPTION
Offences under sections 163, 165, 167 or 168 are punishable by up to two years imprisonment or summary conviction.
SECTION WORDING
169 Every one who commits an offence under section 163, 165, 167 or 168 is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction.
EXPLANATION
Section 169 of the Criminal Code of Canada outlines the penalties for the offences specified in sections 163, 165, 167 and 168. These sections relate to various forms of obscenity, such as the production, distribution, possession or sale of child pornography, bestiality, or public nudity. Under this provision, anyone who commits any of these crimes is considered guilty of an offence, which is punishable by either an indictable offence or an offence punishable on summary conviction. An indictable offence is a serious criminal offence that is tried in a higher court, while a summary conviction is a less severe offence that is tried in a lower court without a jury. The maximum penalty for committing an indictable offence under section 169 is imprisonment for a term not exceeding two years. This means that a person found guilty of an offence under this section may face a significant period of incarceration, as well as other consequences, such as fines and restrictions on their ability to work with vulnerable populations. On the other hand, if the offence is punishable by summary conviction, the penalty is usually less severe, such as a fine or a few months' imprisonment. The exact nature of the punishment will depend on various factors, such as the nature and severity of the offence, the offender's background, and their level of contrition and willingness to make amends. In summary, section 169 of the Criminal Code of Canada serves as a warning to those who may be considering engaging in these types of activities, as the penalties can be severe, and the consequences long-lasting. It emphasizes the Canadian government's commitment to protecting vulnerable populations and ensuring that individuals are held accountable for their actions.
COMMENTARY
Section 169 of the Criminal Code of Canada outlines the consequences for individuals who commit offences related to the distribution or possession of pornographic material. Specifically, individuals who commit offences under sections 163, 165, 167, or 168 are subject to imprisonment for a term up to two years or an offence punishable on summary conviction. Section 163 of the Criminal Code of Canada outlines offences related to the distribution and possession of child pornography. Individuals who produce, distribute, or possess pornographic material involving a person under the age of 18 can be charged under this section. These offences carry severe implications as they involve the exploitation and abuse of children. Section 165 of the Criminal Code of Canada concerns voyeuristic behaviour. This section makes it illegal for individuals to surreptitiously observe or record another person in a state of nudity or engaged in sexual activity without their consent. An offence under this section can lead to imprisonment for up to five years. Section 167 of the Criminal Code of Canada deals with the distribution of intimate images without consent. This section was added to the Criminal Code in 2014 to address the growing problem of "revenge porn." An offence under this section can lead to imprisonment for up to five years. Finally, section 168 of the Criminal Code of Canada outlines offences related to the possession, distribution, and sale of obscene material. This section is meant to prevent individuals from profiting off the harms of pornography and upholds a community standard of decency. It is crucial that these offences are taken seriously and punishments are enforced. Pornography and voyeuristic behaviour can lead to the exploitation and harms of vulnerable individuals, and the distribution of intimate images without consent can cause significant harm to individuals and their livelihoods. Through this section of the Criminal Code, the Canadian government seeks to uphold community standards of decency and protect individuals from the harms caused by these offences. It is also imperative that educational programs and support services are instituted to assist individuals who may be at risk of engaging in these behaviours or who have been victimized. Overall, section 169 of the Criminal Code of Canada serves as an important reminder that these offences are not only morally wrong but also illegal, and those who commit them will be faced with severe consequences.
STRATEGY
Section 169 of the Criminal Code of Canada outlines the penalties for committing offences related to obscenity and indecency. When dealing with this section, there are several strategic considerations that must be taken into account. One of the first considerations is whether the offence in question is indictable or a summary conviction offence. If the offence is indictable, the penalties will typically be more severe, including a potential prison sentence of up to two years. In contrast, summary conviction offences generally carry shorter sentences and are typically dealt with more quickly and efficiently by the court system. It's important to carefully consider the nature of the offence and the potential consequences when choosing how to approach a case. Another strategic consideration when dealing with section 169 is the specific offence that has been committed. Section 169 applies specifically to offences under sections 163, 165, 167, or 168 of the Criminal Code, which cover a range of activities related to obscenity and indecency. Depending on the circumstances, some offences may be deemed more serious than others, and may thus require a different approach. In addition to these considerations, there are a range of strategies that can be employed when dealing with section 169 of the Criminal Code. One of the most important strategies is to work closely with legal professionals who specialize in criminal law, especially if the case involves complex legal issues or potential consequences. Another strategy that can be helpful is to gather as much evidence as possible to support the case. This might include physical evidence, witness statements, or even expert testimony from professionals who can testify to the nature of the offence and the harm it may have caused. Defendants may also consider strategies that seek to mitigate the harm caused by their actions, such as making restitution to any victims of the offence or participating in community service or other programs aimed at reducing the likelihood of future offences. Finally, it's important to stay informed about any changes to the law or new legal precedents that may impact how section 169 is interpreted and enforced. By keeping up-to-date with legal developments, defendants and their legal teams can better anticipate potential challenges and develop more effective strategies for dealing with section 169 of the Criminal Code.