INTRODUCTION AND BRIEF DESCRIPTION
Taking part in an immoral, indecent, or obscene theatre performance is a criminal offence.
SECTION WORDING
167(2) Every one commits an offence who takes part or appears as an actor, a performer or an assistant in any capacity, in an immoral, indecent or obscene performance, entertainment or representation in a theatre.
EXPLANATION
Section 167(2) of the Criminal Code of Canada addresses the issue of participation in immoral, indecent, or obscene performances, entertainments, or representations in a theatre. This provision seeks to ensure that such performances are prohibited, and those who participate in them could be held criminally responsible. The provision highlights that any person who appears as an actor, performer, or assistant in any capacity in an immoral, indecent or obscene performance, entertainment, or representation in a theatre, is committing an offence. The subsection applies to any person involved in the production of such a performance, regardless of their specific role in the show. The purpose of this section is to restrict the production and display of performances that are deemed inappropriate or harmful to society. The section is particularly important as it helps to protect children from exposure to immoral, indecent, or obscene performances, which can have significant negative effects on their mental and emotional development. Moreover, the provision underlines that productions with explicit or generally disrespectful content are damaging to the social fabric of the Canadian society. Therefore, it is necessary to make the punishment severe to limit the potential spread and influence that such productions can have. In summary, Section 167(2) of the Criminal Code of Canada is a critical provision that seeks to prevent the production of immoral, indecent, or obscene performances in theatres. It helps to protect both children and society at large from the harmful effects of such shows, by holding those involved in the production and display of such performances criminally responsible.
COMMENTARY
Section 167(2) of the Criminal Code of Canada seeks to prohibit the participation in any immoral, indecent or obscene performance, entertainment or representation in a theatre. This section is an essential element in the Canadian judicial system as it helps define what is acceptable in the society and what is not. Section 167(2) is an excellent example of how Canada seeks to protect and promote the values that are important to its people. One of the significant reasons why the Canadian government implemented this section is to protect the moral values of its people. The section prohibits performances that are deemed to be immoral, indecent or obscene from taking place in a theatre. The government recognizes the importance of maintaining sound moral values, especially among younger generations. The implementation of these laws supports the government's efforts in promoting positive values and encourages public morality. Moreover, Section 167(2) helps to prevent the performance of activities that may be harmful to society. Immoral and indecent performances could have a detrimental effect on the minds of people who are vulnerable, such as children. Individuals who participate in these types of performances are therefore breaking the law and may be subject to criminal prosecution, as determined by the courts. This section of the Criminal Code enables the prevention of harm in society and ensures that all individuals are treated equitably. Furthermore, Section 167(2) also serves as a deterrent to those who may want to participate in immoral, indecent or obscene performances in a theatre. The knowledge of the legal consequences of such actions deters many from considering such activities. As a result, the section promotes and encourages people to uphold acceptable societal standards and values. The implementation of Section 167(2) has contributed significantly to the development of Canadian society. The provision helps to maintain the moral and ethical standards of Canadians while fostering a safe and secure environment for all. The section helps to promote social order, protecting vulnerable members of society, and ensuring that all individuals are held accountable for their actions. A key consideration when it comes to Section 167(2) is the interpretation of what constitutes an immoral, indecent, or obscene performance. The interpretation of these factors is anchored in the definitions of "morality" and "obscenity." In this regard, the judiciary must strike a balance between the right to free speech and public morality. In determining whether a person has breached the provisions of Section 167(2), the courts must consider prevailing public opinion and community standards. In conclusion, Section 167(2) of the Criminal Code of Canada is an essential element in the Canadian judicial system. The provision helps to maintain public morality and prevent society's harm by prohibiting immoral, indecent, or obscene performances in theatres. The section helps to promote respect for cultural and moral diversity, social cohesion, and a safe and secure environment. However, interpretation challenges remain around the terminology used in defining "immoral," "indecent" and "obscene" performances, the law maintains order within Canadian society and upholds public values.
STRATEGY
Section 167(2) of the Criminal Code of Canada prohibits individuals from participating in immoral, indecent, or obscene performances, entertainment, or representations in a theater. This provision is aimed at protecting public morals and values by restricting content that is deemed harmful or offensive. When dealing with this section of the Criminal Code, there are several strategic considerations that must be taken into account. One of the most important considerations is the definition of terms such as "immoral," "indecent," and "obscene." These terms are open to interpretation and their meaning could vary from one judge to another, so it is essential to have a clear understanding of what each term means in a legal context. Another strategic consideration is determining the appropriate defense to use in case of prosecution. A defendant could argue that the performance or representation in question has artistic or social value, or that it is protected under the Canadian Charter of Rights and Freedoms. It is important to assess the strength of these arguments and to have a legal team that is experienced in dealing with similar cases. One possible strategy that could be employed is to seek pre-approval from the relevant authorities before staging a performance or representation. This could involve submitting the script or a video recording for review to ensure that it does not violate any laws or regulations. If the authorities grant approval, it could be used as evidence of due diligence and good faith in the event of a prosecution. Another strategy is to limit access to the performance or representation by age or ticket sales. This could involve age restrictions to ensure that only those who are legally able to view such content are allowed in, or by selling tickets only to adults who have signed a waiver acknowledging the nature of the performance or representation. In conclusion, Section 167(2) of the Criminal Code of Canada is a law that requires careful consideration and strategic planning when dealing with potential performances or representations. It is essential to have a clear understanding of the legal definitions of key terms and to have a strong legal team to defend against potential prosecutions. By utilizing strategies such as seeking pre-approval, limiting access, and arguing artistic or social value, organizations can strategically navigate this provision of the Criminal Code.