INTRODUCTION AND BRIEF DESCRIPTION
This section states that the absence of specific words or writing in a charge for publishing a blasphemous, seditious, defamatory libel, or selling obscene written material is not a sufficient reason for the charge to be deemed invalid.
SECTION WORDING
584(1) No count for publishing a blasphemous, seditious or defamatory libel, or for selling or exhibiting an obscene book, pamphlet, newspaper or other written matter, is insufficient by reason only that it does not set out the words that are alleged to be libellous or the writing that is alleged to be obscene.
EXPLANATION
Section 584(1) of the Criminal Code of Canada pertains to the legal provision that lays down rules about criminal charges relating to publishing a blasphemous, seditious or defamatory libel, and selling or exhibiting obscene written material. This section emphasizes that criminal charges in this context are not insufficient even if they do not mention the exact words or writings that have been deemed to be libellous or obscene. The primary reason why this section is included in the Criminal Code of Canada is to ensure that a lack of exactitude in describing the libellous or obscene content should not be a reason for dismissing the criminal charges against an offender. This provision is particularly relevant in cases where it may be difficult to provide specific information about the exact nature of the objectionable writing or content. Therefore, this section allows for the prosecution of individuals who engage in publishing, circulating, or selling material that may be considered blasphemous, seditious, defamatory, or obscene. While the section allows some leeway in the manner of charging, it is important to note that the nature of the offence itself remains an important consideration. Any charge under this section must still meet the high burden of proof necessary to demonstrate the existence of blasphemous, seditious, defamatory, or obscene content. In conclusion, Section 584(1) of the Criminal Code of Canada sets out important legal provisions that enable the prosecution of individuals who engage in publishing, circulating, or selling blasphemous, seditious, defamatory, or obscene material. This section highlights that legal charges can still be instituted even if the specific wording or nature of the content is not explicitly laid out in the charge itself.
COMMENTARY
Section 584(1) of the Criminal Code of Canada addresses the issue of what constitutes a sufficient charge when someone is accused of publishing a blasphemous, seditious or defamatory libel, or selling or exhibiting an obscene book, pamphlet, newspaper or other written matter. According to this section, a count is not considered insufficient merely because it does not include the specific words or written content that are alleged to be libellous or obscene. This provision is important because it recognizes the challenges inherent in charging someone with the offense of publishing a blasphemous, seditious or defamatory libel, or selling or exhibiting an obscene book, pamphlet, newspaper or other written matter. Unlike other criminal offenses, such as assault or theft, these offenses often involve subjective judgments about the content of written material and the possible harm it may cause. In practice, this means that prosecutors may not always be able to identify specific language or content that constitutes a libel or obscenity. Instead, they may need to rely on broader descriptions of the material or arguments based on the overall impact of the publication. For example, in a case involving the publication of an allegedly blasphemous cartoon, the prosecution might argue that the cartoon as a whole constitutes a violation of the blasphemy law, rather than attempting to identify specific words or phrases that are blasphemous. At the same time, this provision also imposes important limits on the use of these laws. By requiring prosecutors to provide a sufficient charge that includes at least some description of the allegedly offensive material, this provision helps to ensure that individuals accused of these offenses have a fair opportunity to defend themselves in court. Without this requirement, individuals could potentially be charged with these offenses based on mere speculation or vague accusations, which would violate fundamental principles of due process. Overall, Section 584(1) of the Criminal Code of Canada reflects the difficult balance between protecting free speech and protecting individuals and communities from harm caused by offensive material. By providing guidance on the content of a sufficient charge, it helps to ensure that both of these important goals are advanced in a fair and equitable manner.
STRATEGY
Section 584(1) of the Criminal Code of Canada is a provision that has been used in both controversial and less contentious legal cases. The section essentially states that charges for publishing a blasphemous, seditious, or defamatory libel, or for selling or exhibiting an obscene book, pamphlet, newspaper or other written matter, do not need to specify the exact words or material that are alleged to be libellous or obscene. This allows for a level of flexibility in charging defendants, but also leaves the possibility of overreach by the prosecution. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that lawyers and defendants need to take into account: 1. The wording of the charge: Although the specifics of the alleged libel or obscenity may not need to be included, the wording of the charge itself needs to be precise and clear. This ensures that the defendant knows exactly what they are being charged with and can prepare an appropriate defense. 2. The potential for overreach: The flexibility of the section leaves open the possibility of overreach by the prosecution. Defendants may be charged with vague or overly broad offenses that do not meet the threshold for criminal charges. As such, defense lawyers need to be vigilant in ensuring that the charges are appropriate and defensible. 3. The public perception of the case: Cases involving blasphemy, sedition, defamation, or obscenity can be highly sensitive and controversial. As such, defendants and their lawyers need to be aware of the potential impact of their case on public perception and the media. Strategic public relations efforts can help mitigate damage to reputation and credibility. 4. The potential for plea bargaining: Because this section allows for flexible charges, the prosecution may be more open to plea bargaining. Defendants and their lawyers can leverage this flexibility in negotiating a reduced charge or sentence. 5. The potential for constitutional challenges: Given that this section involves freedom of expression and speech, defendants and lawyers may also consider a constitutional challenge to the provision or the charges themselves. Strategies that can be employed in dealing with Section 584(1) include: 1. Conducting thorough research and analysis of relevant case law to determine the best approach to the charge. 2. Engaging with the prosecution in a transparent and strategic manner to negotiate reasonable charges based on the evidence. 3. Leverage the flexibility of the provision to negotiate plea bargains or reduced sentences. 4. Engaging with public relations professionals to mitigate public perception and media coverage. 5. Considering a constitutional challenge if the charges or provision are deemed unconstitutional. In conclusion, Section 584(1) of the Criminal Code of Canada is a provision that requires careful consideration and strategic planning when involved in a legal case. Lawyers and defendants must be vigilant in ensuring appropriate charges, conducting research, and negotiating effectively to achieve the best possible outcome. Strategies such as public relations efforts and constitutional challenges may also be employed to mitigate any negative impacts on clients and their public perception.