Criminal Code of Canada - section 478(5) - Definition of newspaper

section 478(5)

INTRODUCTION AND BRIEF DESCRIPTION

The meaning of newspaper in section 297 is applied in section 478(5).

SECTION WORDING

478(5) In this section, "newspaper" has the same meaning as in section 297.

EXPLANATION

Section 478(5) of the Criminal Code of Canada is a provision that defines the term "newspaper" in the context of Section 297, which deals with the publication of unlawful material. This section states that any person who publishes or possesses with the intention to publish any material that advocates, promotes, or incites hatred against any identifiable group is guilty of an offense. The definition of "newspaper" in this section is important for determining what types of publications are covered under the offense. The meaning of the term "newspaper" is not explicitly defined in the Criminal Code. However, Section 478(5) provides that the definition of the term "newspaper" in Section 297 is the same as in Section 1 of the Canada Evidence Act. Section 1 of that Act defines a newspaper as "any paper or other periodical publication issued at regular intervals and having a general circulation." The definition of a newspaper is important in the context of Section 297 because it restricts the application of the offense to publications that meet the criteria of a newspaper, that is, those that are issued at regular intervals and have a general circulation. This means that the offense does not apply to publications that are not issued at regular intervals, such as books or pamphlets, or those that have a limited circulation, such as newsletters or online publications. In summary, Section 478(5) of the Criminal Code provides a definition of the term "newspaper" in the context of Section 297, which specifies the types of publications that are covered by the offense of publishing or possessing with the intention to publish material that advocates or promotes hatred against an identifiable group. This provision ensures that the offense is limited to publications that have a general circulation and are issued at regular intervals, such as newspapers.

COMMENTARY

Section 478(5) of the Criminal Code of Canada is a provision that defines the meaning of "newspaper" as used in Section 297 of the same code. This provision is significant because it helps to ensure that there is no ambiguity or confusion when interpreting and applying Section 297, which deals with the unlawful disclosure of certain information. The definition of "newspaper" in Section 297 refers to a publication that is issued at least once a week and that contains news, information, or comments on current events. This definition is important because it helps to narrow the scope of the section and ensures that it only applies to certain types of publications. Section 297 makes it an offense to disclose information related to certain investigations, such as those related to the interception of communications or the production of evidence. The provision is designed to protect the integrity of these investigations and prevent the premature disclosure of sensitive information. By defining the term "newspaper," Section 478(5) helps to ensure that the prohibition on disclosing information under Section 297 is applied consistently and appropriately. Without this definition, there could be confusion about what types of publications are covered by the section, which could undermine its effectiveness in protecting sensitive information. It is worth noting that the definition of "newspaper" in Section 478(5) is a relatively narrow one. It only covers publications that are issued at least once a week and that contain news, information, or comments on current events. Other forms of media, such as online publications, blogs, or social media posts, are not covered by this definition. This raises questions about whether the law is keeping up with changing media landscapes. In an era of 24-hour news cycles and social media platforms that allow for the rapid dissemination of information, it may be necessary to revisit the definitions and scope of laws like Section 297 and Section 478(5). In conclusion, Section 478(5) of the Criminal Code of Canada is a provision that defines the meaning of "newspaper" as used in Section 297. This provision helps to ensure that the prohibition on disclosing certain types of information is applied accurately and consistently. However, as media landscapes continue to evolve, it may be necessary to revisit the definitions and scope of these laws to ensure that they remain relevant and effective in preventing the premature disclosure of sensitive information.

STRATEGY

Section 478(5) of the Criminal Code of Canada is an important provision that defines the meaning of "newspaper" for the purposes of Section 478, which deals with offences related to the distribution of hate propaganda. The provision is significant because it creates a threshold for determining what types of publications may be considered as newspapers under the law, and therefore subject to the applicable criminal sanctions. Strategic considerations when dealing with this section of the Criminal Code of Canada will depend on a variety of factors, including the nature and content of the publication, the intentions of the publisher, and the potential impact of the publication on targeted groups and communities. Some of the key strategies that could be employed include: 1. Defining the scope of "newspaper": Given that the definition of "newspaper" under Section 478(5) refers to Section 297, which defines a "newspaper" as "any paper or document containing public news, intelligence, or occurrences, or any remarks or observations thereon," it is important to carefully consider the content of the publication in question to determine whether it falls within this definition. For example, if the publication contains articles or materials that are purely opinion-based or editorial in nature, it may not meet the threshold for being considered a "newspaper" under the law. 2. Conducting a risk assessment: It is important to assess the potential risks associated with publishing or distributing a publication that may contain hate propaganda. This could include conducting a legal risk assessment to determine whether the publication may violate any criminal or civil laws, as well as assessing the potential reputational or financial risks associated with publishing or distributing such materials. 3. Developing an editorial policy: To avoid inadvertently publishing or distributing hate propaganda, it is important to establish a clear editorial policy that outlines the principles and standards governing the content of the publication. Such a policy may include guidelines on the types of materials that are unacceptable, as well as processes for reviewing and editing materials prior to publication or distribution. 4. Developing a response plan: In the event that hate propaganda is published or distributed, it is important to have a clear response plan in place to mitigate the potential harms and address any legal or reputational risks. Such a plan may involve immediate removal of the offending materials, issuing a public apology, or engaging with impacted communities to address any concerns or harms. Overall, Section 478(5) of the Criminal Code of Canada is an important provision that creates a threshold for determining what types of publications may be considered as newspapers for the purposes of hate propaganda offences. To effectively navigate this provision, it is important to consider a range of strategic considerations, including defining the scope of "newspaper," conducting a risk assessment, developing an editorial policy, and developing a response plan. By taking these considerations into account, publishers and distributors can help to ensure compliance with the law and avoid inadvertently distributing hate propaganda.