If you need convincing that the Criminal Code needs to be overhauled, consider this, since 1892, the Code has prohibited the publication of a "blasphemous libel." The section resulted in five reported prosecutions over the years, the last in 1935.
Section 296 of the Code deals with "blasphemous libel" as part of offences against the person and reputation -
Offence (1) Every one who publishes a blasphemous libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Question of fact (2) It is a question of fact whether or not any matter that is published is a blasphemous libel.
Saving (3) No person shall be convicted of an offence under this section for expressing in good faith and in decent language, or attempting to establish by argument used in good faith and conveyed in decent language, an opinion on a religious subject.
Blasphemous libel is not defined in the Code.
The case law (primarily from Quebec) is contradictory and there is uncertainty about the precise features of the offence, although it has been construed as encompassing Christian faith generally (rather than an established Church). The provision is not considered to cover non-Christian faiths. It seems almost certain the section is inconsistent with the Charter and is unenforceable.
It should be noted that the hate speech provisions of the Criminal Code create offences of public incitement of and wilful promotion of hatred against an identifiable group, defined as including a religion.
So, we have a dead letter law -- much like the Code sections on witchcraft and sorcery. Much of the Code is incoherent, redundant and unnecessary -- even if you believe in increased penalties and more prison it's time to make the Code reflect the reality of Canada in 2010. Blasphemy is a sin but it's not a crime and it shouldn't be in the Code.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
www.jmortonmusings.blogspot.com
9 comments:
Guess who just got a legal letter from Stikeman Elliott accusing him of blasphemous libel against the Unitarian Universalist Association. :-)
One other thing It should be clear that there are awkward reporting requirements that have to do so.
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