section 457(4)

INTRODUCTION AND BRIEF DESCRIPTION

Offences relating to printed likeness of Canadian bank-notes are not applicable if the length or width of the likeness is less than three-fourths or greater than one-and-one-half times the length or width, and the likeness is in black-and-white or appears on only one side of the likeness.

SECTION WORDING

457(4) No person shall be convicted of an offence under subsection (3) in relation to the printed likeness of a Canadian bank-note if it is established that the length or width of the likeness is less than three-fourths or greater than one-and-one-half times the length or width, as the case may be, of the bank-note and (a) the likeness is in black-and-white only; or (b) the likeness of the bank-note appears on only one side of the likeness.

EXPLANATION

Section 457(4) of the Criminal Code of Canada serves as a protective measure for individuals who may unknowingly possess or distribute printed likenesses of Canadian bank-notes. Specifically, subsection (3) of Section 457 criminalizes the possession or distribution of any printed likeness of a Canadian bank-note that is made in a way that makes it resemble a real bank-note. This can include printing, engraving, or even electronic reproduction. The purpose of this provision is to prevent fraud and counterfeiting, which could lead to significant financial losses. However, subsection (4) provides some relief for individuals who possess a printed likeness of a Canadian bank-note that falls outside of the acceptable size parameters. These acceptable size parameters dictate that a likeness must be no less than three-fourths the length or width, and no more than one-and-one-half times the length or width of the actual bank-note. In addition, subsection (4) stipulates that the likeness must be in black-and-white only, or that the bank-note likeness may only appear on one side of the likeness. This provision is helpful in providing a certain level of leniency for individuals who may possess a printed likeness of a Canadian bank-note for innocent purposes, such as educational or artistic use. It also serves as a measure to avoid unnecessary prosecutions where the printed likeness may be outside the size parameters but still easily identifiable as a fake. Ultimately, Section 457(4) helps to balance the need for effective regulation of currency counterfeiting with the protection of individual freedoms and rights.

COMMENTARY

Section 457(4) of the Criminal Code of Canada provides exemptions for individuals or organizations that produce printed images of Canadian banknotes. Essentially, if the length or width of the likeness is less than three-fourths or greater than one-and-one-half times the length or width of the actual banknote, and the likeness is in black-and-white or only on one side, they cannot be convicted of an offense under subsection (3). This section is important because it creates boundaries and guidelines for producing printed representations of banknotes. The reason why there are laws to regulate the use of banknotes likeness is that the Canadian government aims to prevent fraudulent practices related to money or currency. The purpose behind this section of the law is to maintain the integrity of Canadian banknotes. Canadians depend on having a trustworthy currency, so any action that threatens this trust is a serious offense. The length and width requirement outlined in Section 457(4) is the first part of the exemption. The reason length and width matter is to prevent someone from producing an image of a banknote that is the same size or almost the same size as an actual banknote. This rule helps prevent confusion and is an essential part of protecting the integrity of the Canadian currency. For example, if someone produced an image of a banknote that was the exact same size as a real banknote, it could be used to make counterfeit money, which would be a serious offense. The second part of the exemption relates to color. The section requires that the likeness be in black-and-white or appear on only one side. The reason behind this is to limit the accuracy of the reproduction of a banknote. For example, if someone produced a colored image of a banknote, it would be more difficult to tell the difference between the real bill and the reproduction. Also, if a person were to print a banknote likeness on both sides, it would be harder to differentiate it from the actual banknote, making it more accessible for creating counterfeit money. Overall, Section 457(4) of the Criminal Code of Canada provides necessary exemptions for individuals and organizations to produce banknote likenesses. The section helps maintain the integrity of Canadian banknotes by imposing specific standards on banknote reproductions. These standards will help prevent fraudulent practices by stopping the reproduction of Canadian banknotes that have the potential to be used to produce counterfeit money. It is important for individuals and organizations to be aware of these laws and ensure that any reproductions of banknotes they create fall within the exemption provided by the section. If a banknote likeness is found to be of the incorrect size or not in compliance with the color requirements, the individual or organization may face legal repercussions, including fines or imprisonment. Therefore, the law serves as both a warning and a safeguard for those looking to produce printed images of Canadian currency.

STRATEGY

Section 457(4) of the Criminal Code of Canada provides a specific defence for the creation and distribution of printed reproductions of Canadian banknotes. The defence is based on the characteristics of the reproduction, including size and color, and the intent of the person creating or distributing the reproduction. As such, lawyers and those involved in the printing and distribution of banknote reproductions need to be aware of these factors and how they can be addressed in the case of any potential legal challenge. The first strategic consideration in dealing with this section of the Criminal Code is to ensure that any reproductions of Canadian banknotes are within the size limits outlined in the section. This means that the reproduction must be at least three-fourths the size of the original banknote and no more than one-and-one-half times the size. If reproductions fall outside of these parameters, this defence will not apply, and the person or organization creating or distributing them may face legal action. Careful consideration should be given to the size of any reproductions to ensure that they fall within the prescribed limits. The second strategic consideration is the color of the reproduction. The defence outlined in this section applies only to black-and-white reproductions. If a reproduction is in color, this defence will not apply, and the person or organization involved in creating or distributing the reproduction may face legal challenges. Therefore, black-and-white reproductions are advisable for those seeking to rely on this defence. Finally, the strategy should factor in the purpose of the reproduction. The defence outlined in this section applies only if the reproduction is not intended to defraud. Lawyers and those involved in creating or distributing banknote reproductions should ensure that the intended purpose of the reproduction can be demonstrated and is not intended to deceive or defraud. For example, reproductions created for educational purposes may be able to rely on this defence, while those created for fraudulent purposes cannot. In summary, lawyers and those involved in the creation and distribution of Canadian banknote reproductions should carefully consider the size, color, and intended purpose of the reproduction when relying on section 457(4) of the Criminal Code. Specific strategies that can be employed include ensuring that the reproduction is within the size limits, ensuring that the reproduction is black-and-white, and demonstrating that the reproduction is not intended to defraud. By carefully considering these factors, those involved can potentially rely on this defence if any legal challenges arise.