Criminal Code of Canada - section 52(4) - Idem

section 52(4)

INTRODUCTION AND BRIEF DESCRIPTION

This section states that attending or approaching a dwelling-place for the sole purpose of obtaining or communicating information does not constitute a prohibited act.

SECTION WORDING

52(4) No person does a prohibited act within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.

EXPLANATION

Section 52(4) is a provision within the Criminal Code of Canada that prevents individuals from being charged with a crime solely for attending, approaching, or being near a dwelling-house or place for the purpose of obtaining or communicating information. This provision is an important safeguard for journalists and individuals engaged in lawful activities such as research, advocacy, and public education. The section is part of a broader provision (Section 52) that criminalizes certain acts that can be committed in relation to a dwelling-house or place, including acts of intimidation, mischief, and break and enter. The objective of this provision is to protect individuals and property from harm, including harassment and damage. While the section protects acts of information seeking and sharing, it is important to note that there are other provisions in the Criminal Code that could be used to prosecute individuals who engage in harassing or otherwise threatening behavior. For example, Section 372 of the Criminal Code makes it an offense to repeatedly communicate with someone in a harassing or threatening manner. In summary, Section 52(4) of the Criminal Code of Canada serves an important role in protecting freedom of expression and information gathering activities from being criminalized. However, it does not apply to activities that are intended to cause harm or fear to individuals or property, which can be prosecuted under other provisions in the Criminal Code.

COMMENTARY

Section 52(4) of the Criminal Code of Canada provides an important exception to the offence of criminal harassment, which is defined under section 264 of the Code. Criminal harassment, commonly known as stalking, involves repeated conduct that causes a person to fear for their safety or the safety of someone known to them. This can include following or watching someone, repeatedly communicating with them in a way that causes them distress, or threatening them or someone they know. However, section 52(4) of the Criminal Code makes it clear that a person does not commit the offence of criminal harassment simply by attending, approaching, or being near a dwelling-house or place for the purpose of obtaining or communicating information. This exception is especially relevant in cases where journalists or investigators need to gather information for a story or expose, or where concerned community members need to communicate information about potential criminal activity to law enforcement. The exception provided by section 52(4) is important because it recognizes and protects the important role that freedom of expression and the media play in Canadian society. It ensures that journalists and investigators are able to do their jobs without fear of being charged with criminal harassment, as long as they are not engaging in any of the prohibited acts defined under section 264. However, it is important to note that section 52(4) does not provide blanket immunity for individuals who attend or approach a dwelling-house or place for the purpose of obtaining or communicating information. The exception only applies if the person's conduct is solely for the purpose of obtaining or communicating information. If the person is engaging in any other conduct that could be considered criminal harassment, such as following or watching a person in a way that causes them to fear for their safety, they could still be charged with the offence. It is also important to note that this exception does not apply to other criminal offences, such as trespassing or breaking and entering. If a person attends or approaches a dwelling-house or place for the purpose of obtaining or communicating information, but engages in conduct that would be considered unlawful under other sections of the Criminal Code, they could still be charged with those offences. In conclusion, section 52(4) of the Criminal Code of Canada provides an important exception to the offence of criminal harassment, which recognizes and protects the important role that freedom of expression and the media play in Canadian society. However, it is important to note that this exception does not provide blanket immunity for individuals who attend or approach a dwelling-house or place for the purpose of obtaining or communicating information, and they could still be charged with other offences if they engage in unlawful conduct.

STRATEGY

Section 52(4) of the Criminal Code of Canada provides protection to persons who attend, approach or loiter near a dwelling-place or other premises for the sole purpose of obtaining or communicating information. The provision is designed to exempt individuals who are engaged in legitimate activities, such as journalists, from being charged for an offense under the Criminal Code. However, despite the protection provided by the provision, there are still strategic considerations that individuals need to consider when dealing with Section 52(4) of the Criminal Code of Canada. Some of these considerations are: 1. Legitimate Purpose: To be exempted from liability under Section 52(4), the person must have a legitimate purpose for attending, approaching or loitering near a dwelling-house or other premises. The purpose must be solely for obtaining or communicating information. Therefore, before engaging in such activities, individuals must be sure that their purpose is legitimate and directly linked to the information they seek. 2. Boundary Lines: Section 52(4) of the Criminal Code of Canada protects only individuals who attend, approach or loiter near a dwelling-house or other premises. However, if the individual crosses the boundary lines of the premises, they may be committing an offence. Therefore, individuals must ensure they do not cross the boundary lines of the premises to avoid legal liability. 3. Privacy Rights: When dealing with Section 52(4) of the Criminal Code of Canada, individuals must ensure that they do not infringe the privacy rights of individuals. For instance, they should not take photographs or record conversations in areas where individuals have a reasonable expectation of privacy, such as washrooms, bedrooms or private offices. 4. Obtaining Consent: While Section 52(4) of the Criminal Code of Canada allows individuals to approach or loiter near a dwelling-house or premises, they must obtain consent from the property owner before doing so. Failing to obtain consent could lead to a charge of trespassing or even more severe offenses. Given these considerations, individuals can employ various strategies when dealing with Section 52(4) of the Criminal Code of Canada. Some of the strategies are: 1. Be Informed: Individuals must understand the provisions and the extent of coverage provided by Section 52(4) of the Criminal Code of Canada. This way, they can know when they are protected and when they may be committing an offense. 2. Obtain Consent: To avoid committing an offense, individuals should consider obtaining the consent of the property owner before approaching or loitering near a dwelling-house or premises. 3. Be Professional: When engaging in activities that are covered by Section 52(4) of the Criminal Code of Canada, individuals should conduct themselves in a professional manner. They should avoid creating a disturbance or interfering with the activities of others. 4. Protect Privacy: When obtaining or communicating information, individuals should ensure that they do not infringe the privacy rights of others. They should avoid taking photos or recording conversations in private areas or without the consent of the individuals involved. 5. Seek Legal Advice: In situations where individuals are unsure of their legal rights or liabilities when dealing with Section 52(4) of the Criminal Code of Canada, they should seek legal advice from a lawyer. In conclusion, Section 52(4) of the Criminal Code of Canada provides protection to individuals who attend, approach or loiter near a dwelling-house or other premises for the sole purpose of obtaining or communicating information. However, individuals must consider various strategic factors to avoid committing an offense, such as ensuring they have a legitimate purpose, respecting privacy rights, obtaining consent, and seeking legal advice if needed.

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