Criminal Code of Canada - section 423(2) - Exception

section 423(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section clarifies that attending or approaching a dwelling-house for the purpose of obtaining or communicating information is not considered watching or besetting.

SECTION WORDING

423(2) A person who attends at or near or approaches a dwelling-house or place, for the purpose only of obtaining or communicating information, does not watch or beset within the meaning of this section.

EXPLANATION

Section 423(2) of the Criminal Code of Canada is an important provision that deals with the concepts of watching and besetting. These concepts are central to the offence of criminal harassment, which involves conduct that causes a person to fear for their safety or that of someone else's. In essence, this section provides an exception for individuals who approach a dwelling-house or place solely for the purpose of obtaining or communicating information. The term "watching" refers to the act of observing or surveilling a person's dwelling-house or workplace, while "besetting" refers to the act of waiting or loitering near those premises with the intention of harassing the occupants. Such conduct can be considered a form of criminal harassment if it is done repeatedly or if it causes a reasonable person to fear for their safety or well-being. However, Section 423(2) provides an important exception to this rule. It states that individuals who approach a dwelling-house or place solely for the purpose of obtaining or communicating information are not considered to be watching or besetting within the meaning of this section. This means that journalists, investigators, and other professionals who approach a property with the sole purpose of gathering information or conducting an investigation are not engaged in criminal harassment. The key point to note here is that the exception only applies if the purpose of the individual's visit is to obtain or communicate information. If they have any other motive, such as to intimidate or harass the occupants, then they may still be considered to be watching or besetting and may be charged with criminal harassment. In conclusion, Section 423(2) is an important provision that ensures that legitimate information-gathering activities do not fall foul of the criminal harassment provisions of the Criminal Code of Canada. It is important for individuals to understand the distinction between legitimate investigative activities and harassment so that they can act within the law.

COMMENTARY

Section 423(2) of the Criminal Code of Canada is an important provision that clarifies the meaning of "watching or besetting" in the context of criminal harassment. The provision highlights a crucial distinction between lawful and unlawful behavior, particularly with regards to information gathering. The provision essentially states that if a person approaches a dwelling or place for the sole purpose of obtaining or communicating information, they cannot be considered as 'watching or besetting' within the meaning of the section. The section refers to Section 423(1) of the Criminal Code, which defines "criminal harassment" as engaging in conduct that causes a person to fear for their safety or the safety of anyone known to them, or is likely to cause them psychological or emotional harm. The provision serves to protect the right to freedom of expression and the right to access information. It recognizes that individuals have a legitimate interest in gathering or communicating information, particularly in matters of public concern, and that it should not be considered a form of harassment or intimidation. This is important, as it acknowledges that legitimate investigative reporting or monitoring of public officials or institutions is not an offense. However, while the provision protects lawful behavior, it does not provide a blanket exemption from criminal liability. If a person approaches or monitors a dwelling or place with a hidden or unlawful purpose, such as intending to harass or intimidate someone, then this would fall under the definition of criminal harassment. Therefore, the provision needs to be interpreted carefully in its application, and the legality of the action should be examined in light of its context and purpose. The onus is on the individual to demonstrate that their actions were motivated solely by a legitimate interest in obtaining or communicating information, and not by any form of harassment or intimidation. In summary, Section 423(2) of the Criminal Code of Canada provides an important safeguard for the rights to freedom of expression and access to information. It recognizes that information gathering and dissemination are essential activities in a democratic society, and should not be conflated with criminal harassment. However, the provision needs to be applied carefully, and individuals need to show that their actions are motivated solely by legitimate interests. Ultimately, the provision strikes a balance between the importance of protecting individuals from harassment and ensuring that legitimate activities are not criminalized.

STRATEGY

Section 423(2) of the Criminal Code of Canada is a provision that provides some protection to individuals who are gathering information without any malicious intent. It states that a person who approaches a dwelling-house or place only for the purpose of obtaining or communicating information does not watch or beset within the meaning of this section. The section has some strategic considerations that need to be taken into account when dealing with the provision. One of the strategic considerations is to ensure that the individual who is approaching the dwelling-house or place has a genuine purpose for obtaining or communicating information. The section only protects individuals who have a legitimate reason for being near the dwelling-house or place. Therefore, it is important to ensure that the individual gathering information is doing so for a legitimate purpose. Another strategic consideration is to ensure that the individuals gathering information are not harassing or intimidating the occupants of the dwelling-house or place. Although the section provides some protection to individuals who are gathering information, it does not protect individuals who are harassing or intimidating others. Therefore, it is important to ensure that the individuals gathering information are not engaging in any behavior that could be perceived as harassing or intimidating. A third strategic consideration is to ensure that the individuals gathering information are not trespassing. The section does not provide any protection to individuals who are trespassing on someone else's property. Therefore, it is important to ensure that the individuals gathering information have permission to be on the property or are gathering information from a public place. One strategy that could be employed when dealing with this section is to have a clear purpose for gathering information. This could include having a specific question that needs to be answered or gathering information for a report or article. By having a clear purpose, it is easier to demonstrate that the individuals gathering information have a legitimate reason for being near the dwelling-house or place. Another strategy that could be employed is to ensure that the individuals gathering information are not engaging in any behavior that could be perceived as intimidating or harassing. This could include refraining from taking photographs or video of the occupants of the dwelling-house or place without their consent. A third strategy that could be employed is to ensure that the individuals gathering information are not trespassing. This could include obtaining permission from the property owner before approaching the dwelling-house or place or ensuring that the information is being gathered from a public space. In conclusion, Section 423(2) of the Criminal Code of Canada provides some protection to individuals who are gathering information without any malicious intent. However, there are some strategic considerations that need to be taken into account when dealing with the provision. By having a clear purpose for gathering information, refraining from intimidating or harassing behavior, and ensuring that there is no trespassing, individuals can gather information without running afoul of the Criminal Code.