INTRODUCTION AND BRIEF DESCRIPTION
Section 164(8) of the Criminal Code of Canada defines terms used in this section, including advertisement for conversion therapy, advertisement of sexual services, court, intimate image, judge, and voyeuristic recording.
SECTION WORDING
164(8) In this section, advertisement for conversion therapy means any material — including a photographic, film, video, audio or other recording, made by any means, a visual representation or any written material — that is used to promote or advertise conversion therapy contrary to section 320.103; (publicité de thérapie de conversion) advertisement of sexual services means any material — including a photographic, film, video, audio or other recording, made by any means, a visual representation or any written material — that is used to advertise sexual services contrary to section 286.4; (publicité de services sexuels) court means (a) in the Province of Quebec, the Court of Quebec, the municipal court of Montreal and the municipal court of Quebec, (a.1) in the Province of Ontario, the Superior Court of Justice, (b) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench, (c) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court, (c.1) [Repealed, 1992, c. 51, s. 34] (d) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, in Yukon and in the Northwest Territories, the Supreme Court, and (e) in Nunavut, the Nunavut Court of Justice; (tribunal) crime comic[Repealed, 2018, c. 29, s. 12] intimate image has the same meaning as in subsection 162.1(2); (image intime) judge means a judge of a court; (juge) voyeuristic recording means a visual recording within the meaning of subsection 162(2) that is made as described in subsection 162(1).
EXPLANATION
Section 164(8) of the Canadian Criminal Code provides definitions for various terms used in the Code. The section clarifies that "advertisement for conversion therapy" includes any material such as photographs, videos, recordings or written material that promotes or advertises conversion therapy, which is now illegal under section 320.103 of the Code. Similarly, "advertisement of sexual services" is defined as any material that advertises sexual services, which is a criminal offense under section 286.4. The section also explains that "court" means different courts in various provinces of Canada, such as the Supreme Court, Court of Queen's Bench, and the Superior Court of Justice. The definition of "judge" is a judge of a court, and "intimate image" means the same as described in section 162.1(2) of the Code. Finally, "voyeuristic recording" is a visual recording made in accordance with section 162(1) of the Code. This section is important because it helps to clarify legal terms used in the Code that may be confusing or open to interpretation. Understanding these definitions is crucial for properly interpreting and applying the law. It also highlights the importance of defining key terms in legal documents to help ensure clarity and consistency in the justice system.
COMMENTARY
Section 164(8) of the Canadian Criminal Code is a provision that defines various terms used in different sections of the Code. These terms are specific to certain offenses and are crucial in interpreting the provisions related to them. One of the terms defined in this section is "advertisement for conversion therapy." It refers to any material used to promote or advertise conversion therapy, which is prohibited under section 320.103 of the Criminal Code. Conversion therapy is a practice that attempts to change a person's sexual orientation or gender identity, and it has been widely discredited by medical professionals and human rights organizations. Another term defined in this section is "advertisement of sexual services." This term refers to material used to advertise sexual services, which is prohibited under section 286.4 of the Criminal Code. The provision aims to prevent exploitation and sex trafficking by criminalizing the promotion of sexual services. The section also defines the term "court," which refers to different courts in the different provinces and territories of Canada. The definition is important because the jurisdiction of courts is determined by their classification under this provision. Additionally, the term "intimate image" is defined in this section as having the same meaning as in subsection 162.1(2). This provision criminalizes the distribution of private and sexual images without consent. The definition of "intimate image" is crucial in determining the scope of this offense. Finally, the section defines the term "judge" as a judge of a court. This definition is crucial in interpreting provisions that refer to judges, such as rules governing court procedures and sentencing. In summary, section 164(8) of the Criminal Code plays an important role in interpreting various provisions related to different offenses. Its definitions of specific terms ensure consistent interpretation of the Code's provisions across different jurisdictions within Canada. The section's purpose is to help ensure that justice is served and the rights of all Canadians are protected.
STRATEGY
Section 164(8) of the Criminal Code of Canada is an important section dealing with various definitions, including the definition of advertisement for conversion therapy, advertisement of sexual services, court, crime comic, intimate image, judge, and voyeuristic recording. When dealing with this section, there are several strategic considerations that should be taken into account. Firstly, it is crucial to understand the definitions mentioned in this section to ensure that one does not engage in activities that are prohibited by law. For instance, individuals or organizations should avoid promoting or advertising conversion therapy, which is deemed illegal under this section. This can be achieved by obtaining legal advice to ensure that any advertising is compliant with the law. Secondly, organizations that work with intimate images or voyeuristic recordings should ensure that they do not engage in any activities that can be considered illegal. This can include having appropriate policies and guidelines in place to ensure that all such activities are carried out in compliance with the law. It is essential to have a clear understanding of what constitutes an intimate image or voyeuristic recording to avoid any legal repercussions. Thirdly, lawyers and legal practitioners should be aware of the courts mentioned in this section and understand their jurisdictions to ensure that they file cases in the appropriate court. This will help in expediting the legal process and avoid delays due to cases being filed in the wrong court. Lastly, it is essential to stay updated with any changes or amendments to this section and ensure compliance with any new regulations that come into effect. This can be achieved by having a legal team in place that can keep track of any changes and advise on any necessary changes that need to be made. In terms of strategies that can be employed when dealing with this section, organizations can conduct regular training sessions to educate their employees on the definitions and regulations mentioned. This will ensure that everyone is aware of what is allowed and what is prohibited by law. Additionally, organizations can have a legal team on retainer to provide advice and guidance on any legal issues that may arise. Legal practitioners can also employ strategies such as conducting thorough research to understand the implications of this section and engaging in ongoing professional development to stay updated with any regulatory changes. This will ensure that they can provide the best legal advice to their clients and avoid any legal issues that may arise. In conclusion, dealing with Section 164(8) of the Criminal Code of Canada requires careful consideration of the definitions and regulations mentioned. It is crucial to understand the implications of this section and adopt appropriate strategies to ensure compliance with the law. Organizations can conduct regular training sessions and have a legal team in place, while legal practitioners can conduct thorough research and ongoing professional development to provide the best legal advice to their clients.