Tuesday, December 18, 2012

Meta-tags, banners and links on an Internet website are relevant in considering the nature and character of the site

R. v. Smith, 2012 ONCA 892 deals with a specially nasty obscenity case. In so doing the Court made a ruling that  meta-tags, banners and links on an Internet website are relevant in considering the overall context of the site:

[14]       The meta-tags, banners, and links to other websites were admitted at the first trial. In Smith I, this court affirmed the trial judge's ruling on this issue, saying at para. 62:

The trial judge did not err in admitting this evidence. The meta-tags, banners and links on an Internet website are analogous to the dustcover and preface to a book: they inform the viewer about the content of the publication and provide context for the work.

[15]       The same evidence was led at the second trial, and the defence made no objection at that time. Accordingly, the trial judge did not make a formal ruling on the admission of this evidence.

[16]       On appeal, the appellant asserts that the ruling in Smith I has been overtaken by the subsequent decision of the Supreme Court of Canada in Crookes v. Newton, [2011] 3 S.C.R. 269 ("Crookes"). Based on that decision, he argues, the banners, links and meta-tags were not relevant to the content of the appellant's website and should not have been admitted.

[17]       I do not accept this submission. First, Crookes says nothing about meta-tags and banners. Second, with respect to hyperlinks, Crookes and this case are quite different. Crookes was a defamation case where the issue was whether creating a hyperlink to a third party's defamatory work is the type of act that can constitute 'publishing' that work. The court's focus was on the sufficiency of the act for the purposes of defamation; its comment, at para. 30, that "a hyperlink, by itself, is content-neutral" must be understood with that in mind. In this case, the hyperlinks were adduced only as context for the content that the appellant published on his own website.

53 comments:

Anonymous said...

If you consider that an online bingo players, many sites that
will stimulate numerous of them to generate loose net casino break from task and visits to offer in the track down for
a down payment in the past a definite date. You
will eventually run into the Download Location menu with two options:
Wii System Menu and SD Card. The full version has no
ads and offers goal alerts for the leagues and teams of your choice.



my web-site ... radio sender

Anonymous said...

I've been exploring for a bit for any high quality articles or blog posts on this kind of space . Exploring in Yahoo I ultimately stumbled upon this site. Studying this information So i'm glad tо cοnvеy
thаt I havе a veгy exсellent
uncanny fееling I discoverеd ϳust what Ι needed.

I mοst suгеly will makе cеrtain to don?

t put out оf youг mind thiѕ website and provides іt а
looκ геgularly.

My site - gratis spiele spielen

Anonymous said...

I'd like to thank you for the efforts you have put in penning this website. I am hoping to see the same high-grade content by you later on as well. In fact, your creative writing abilities has motivated me to get my own site now ;)

Here is my website radio sender
Also see my web site - spiele spielen

Anonymous said...

Your style is very unique compared to other folks I've read stuff from. Thank you for posting when you have the opportunity, Guess I'll just bookmark this page.


My web-site; online radio

Anonymous said...

Obviously, you'll be able to go to sites as You - Tube at which you might locate lots of funny vids. While the effects of antenna polarization may be interpreted as a reduction in the quality of some radio links, some radio designers often make use of this property to tune an antenna to their needs by restricting transmission or reception to signals on a limited number of vectors. Proffering multifarious benefits to the advertisers, it is a quintessential resort for companies big or small.

Feel free to surf to my webpage internetradio
My website: www.bacfrancais.com/userinfo.php?uid=665829

Anonymous said...

Тhanks for finally talking abоut > "Meta-tags, banners and links on an Internet website are relevant in considering the nature and character of the site" < Loved it!

my blog post; just сlіck for
source

Anonymous said...

These five free basketball game apps for the i - Phone will surely
help you get your game on. Thus the games like the Mahjongg Spiele as well as the Naegel machen games are more in demand and this is the greatest benefit or advantage of the online
games. Each child is given 30 seconds to race to the pile and make as many matches as
possible before time runs out.

Also visit my web site; radiosender
my page > onlineradio

Anonymous said...

With dozеns of raԁiο apps for i - Phone available in i - Tunes, there is an app for еvеry categoгy of musіc loѵeг to loѵe.

Yet anotheг waу to сonѕtruct a device
to harness energy fгom rаdio
waves is usіng an antennа, cοnnected to a
ѕeries of diodes and a cаpасitoг bank thаt is earthеd.
Ιt іs a morе relіablе choiсe
ωhen comрarеd to traditional conсrеte oг wooden barriers for seνeral reasοnѕ.


Also visit my wеbpаge online radio

Anonymous said...

For some people, renting those games was another option, which yet again burns a hole in their pocket.
A look into some of the best Star Wars apps
to be found on i - Tunes, including games, fun soundboards, books,
and more. The full version has no ads and offers goal alerts for the leagues and teams of your choice.


Also visit my site ... onlineradio

Anonymous said...

Just wish to say your article is as astounding.
The clarity for your submit is just excellent
and i could assume you're an expert on this subject. Well along with your permission let me to grasp your feed to keep up to date with drawing close post. Thanks 1,000,000 and please continue the rewarding work.

Take a look at my page; kostenlos spielen ohne anmeldung

Anonymous said...

Simply wish to say your article is as surprising. The clarity on your submit is just cool and i can suppose you are an expert in this subject.
Fine together with your permission allow me to grasp
your RSS feed to stay updated with coming near near post.
Thanks a million and please continue the gratifying work.


My page :: Crysis 3
Also see my webpage > http://banlad.phakdeehos.org

Anonymous said...

This is a common misconception which will be resolved only
with firsthand experience. B) SEO basics - Image 2: Select-'English' and
'All Countries and Territories'. Users normally tend to visit websites that are at the top of this list as they
perceive those to be more relevant to the query. The only thing that cannot be "fixed" later is your blog and post titles.
Organic SEO uses valid and safe techniques to rank your site for its keyword.

Search engines are getting smarter at detecting sites that
are spamming keywords or made solely for the purpose of advertising.
Some SEO firms focus on content spinning and submitting articles.
Content writing for websites is not as simple as typing out a predetermined amount of words, if
you wish people to view the content. Moreover, some companies are not able to get the desired results and their techniques might
even have bad effects on the business's website. What are the advantages of article submission. Thus, if your charges are overly cheap, this might cause doubts and worries from their mines regarding the quality of the service they get. If your website deals with certain products or services, then conduct a proper research on these and then form your SEO content. Effective SEO techniques for Bloggers aren't any
different. You can Google maps link for your website, which will be very helpful if
any person search in images sections. In this article, I will show you the best Word - Press SEO plugins you need to use in order to boost your search engine rankings and
get more traffic to your blog. A well-formed internal linking structure and good sitemap can ensure all pages of
a website being indexed by a search engine. 4) Managing your online business.

SEO is becoming the most rewarding career nowadays.
First of all a market survey is done by them as to know the competitors analysis.
Never post a half edited article, and never settle for less than your best.


My web page :: http://wiki.gayvirtualsanfrancisco.com/index.php?title=User:SterlingG
My web page - http://ibook21.com/blog/20030/speedy-secrets-for-seo-an-intro

Anonymous said...

Write more, thats all I have to say. Literally, it seems as
though you relied on the video to make your point. You clearly
know what youre talking about, why waste your intelligence on just
posting videos to your blog when you could be giving us something informative to read?


My blog post; http://www.nexopia.com/users/ratorepen/blog/27-crysis-2-mit-glatten-rahmen-auf-hohen-einstellungen-nicht-hchste-zu-spielen-mssen-sie-jedoch-mindestens-200-oder-r

Anonymous said...

You can also buy bundlе dealѕ, which moѕt radio statіοnѕ offer, tο
decrеаse the oνeгall ad cost.

Perhaps the best thing tο do іs κeep аn eye on the pгomotional deals аnd be readу to pouncе quickly
when a suіtable one comеs uρ. This not only аllows lіsteners to listen tο their faѵorite ΜP3 fileѕ
alοng with theiг SIRIUS гadio; it also letѕ them
ԁigitally reсord their favorite radiο sοngs for instant playback.


Hеre іs my web рage :: visit the next internet site
My web site > just click the following page

Anonymous said...

Ӏ eѵery time emaіled this weblοg ρost page to all my contactѕ, because if likе to
read it аfteг that my contаctѕ will tоo.


Μy website youtube downloader online

Anonymous said...

Althоugh you сan't go back to any songs, you can skip songs, mark them as ones you like or dislike, and browse the names, bands, and CD the song is on of all the songs that have played already. Yet another way to construct a device to harness energy from radio waves is using an antenna, connected to a series of diodes and a capacitor bank that is earthed. This not only allows listeners to listen to their favorite MP3 files along with their SIRIUS radio; it also lets them digitally record their favorite radio songs for instant playback.

Also visit my web site :: radio sender

Anonymous said...

Ι thinκ that iѕ among the so muсh
signifісant informatіon foг me. And i am happy studуing уοuг aгtiсle.
But wanna commеntary on sοme noгmаl iѕsues, Τhe website style iѕ great, the
articles іs іn reаlity excellent : D.
Good tаsk, сheers

Viѕit my web blog; please click the following page

Anonymous said...

Pop the battery ribbon connector out and remove the battery, again held in with
a dab of glue. However, it is still possible to insect
the terminals and make sure there is no corrosion. Pingbatterys battery administration program (BMS)
might have the line of Light emitting diodes visible.

Feel free to surf to my homepage: internet radio

Anonymous said...

Yet another first person shooter game this time around, but the first Far Cry was quite good.
I even find myself backing away from recommending other resources which, in the past, I would have shared
willingly. ' The Rooneys are a great family who turned a football franchise into a traveling nation full of fans across the United States. In exchange you'll have
to pay a bit more for the GT 220, as most models are around $60 or $70 dollars.
Overall I'll say the game isn't that re playable.
This miniature machine generates a monthly power of 40 k - Wh and is 36 inches tall.
In 2005, the QI Group acquired a UK-based independent telecommunications provider with a strong background
in providing advanced communications solutions and technology in the United Kingdom.
We're now looking at life lately in entirely new ways. * You're realistic about
what you expect from others. Two people have a heated
argument, voices raised, vocalized obscenities,
hearts racing ' obvious discord all rooted in fear.

my weblog ... http://tw.robotorg.com/

Anonymous said...

Therefore, the characters must sell animal skins in order to get money for
buying the weapons. Stored energy printers. Wherever you click you are instantly overwhelmed with special offers: book this,
buy that, fly with us, hop on this, reserve that.
Fun the first time, but just not enjoyable after numerous
journeys. Cons. It is hard to believe that we are unable to provide
the minimum required comfort to our old ones, destitute women and even orphans.
In 2005, the QI Group acquired a UK-based independent telecommunications provider with
a strong background in providing advanced communications solutions and
technology in the United Kingdom. FIFA has stated that a player named as a goalkeeper
can only play in goal and that this rule will be enforced.
The players have to buy the weapons to use from the available shops and weapon stores.

Why the lack of soul-wrenching anxiety.

My webpage - http://jiujitsumatch.com/MelinaCls

Anonymous said...

An interesting discussion is worth comment. There's no doubt that that you ought to write more about this topic, it might not be a taboo matter but usually people do not talk about such subjects. To the next! Cheers!!

My web blog exercises to increase vertical leap

Anonymous said...

Howdy! I simply want to give a huge thumbs up for the good data you’ve right here on this
post. I will probably be coming again to your blog for extra soon.


my website - 自然排名

Anonymous said...

Whats up! I simply would like to give a huge thumbs up for the good info you’ve right here on this post.
I will likely be coming back to your blog for extra
soon.

my web-site: lean in book barnes and noble

Anonymous said...

Hey! I simply would like to give an enormous thumbs up for the great information you’ve right here on this post.

I will probably be coming back to your blog for more soon.


Feel free to surf to my blog nose cosmetic surgery cost in delhi

Anonymous said...

Hi there! I just want to give an enormous thumbs up for the good
data you have here on this post. I will likely be coming back to your weblog for extra soon.


Here is my site - pearls before swine calendar 2013

Anonymous said...

Hi there! I simply would like to give an enormous thumbs
up for the nice information you’ve got right here on this post.
I will probably be coming again to your weblog for
extra soon.

My site :: angels and cherubs tattoos

Anonymous said...

Howdy! I simply would like to give an enormous thumbs up for the nice information you could have right here on this post.
I will probably be coming again to your weblog for more soon.


Also visit my webpage before i die by jenny downham

Anonymous said...

Hi there! I simply wish to give an enormous thumbs up for the nice information
you will have right here on this post. I shall be coming
again to your weblog for extra soon.

My blog post; semi gloss polyurethane

Anonymous said...

Good day! I just want to give a huge thumbs up for the good data you have here
on this post. I shall be coming back to your weblog for more soon.


My blog post dell laptops under 40000 rs

Anonymous said...

Hello! I simply wish to give a huge thumbs up for the nice info you have
got right here on this post. I will likely be coming again to your weblog for extra soon.



My web site laptops second hand in hyderabad

Anonymous said...

Whats up! I just wish to give a huge thumbs up for the good information you’ve gotten here on this post.
I shall be coming again to your weblog for more soon.


Look into my web site seoul airport bus 6015

Anonymous said...

Hi there! I just wish to give an enormous thumbs up for the good
information you will have here on this post.
I shall be coming back to your weblog for more soon.



Visit my web blog ... obama's immigration bill 2012

Anonymous said...

Hello! I just would like to give a huge thumbs up for
the great data you have here on this post. I
will be coming back to your blog for more soon.

Feel free to visit my web-site laptop hard drive enclosure

Anonymous said...

Whats up! I simply would like to give an enormous thumbs up for the great information you’ve here on this post.
I can be coming again to your blog for more soon.


Feel free to visit my weblog - sharper image shower mirror radio

Anonymous said...

Whats up! I simply would like to give a huge thumbs up for the great information you might have right
here on this post. I will probably be coming back to your
weblog for extra soon.

Visit my web site ... download amazon cloud music to android

Anonymous said...

Hiya! I simply would like to give an enormous thumbs up for the
nice information you’ve got right here on this post. I shall be coming
back to your blog for more soon.

My homepage; las vegas shooting

Anonymous said...

Whats up! I just wish to give an enormous thumbs up for the nice information you may have right here on this post.

I will be coming back to your weblog for more soon.


my blog post - travel trailers for sale used fl

Anonymous said...

Hey! I simply would like to give a huge thumbs up for the good data you may have here on this post.
I will be coming back to your weblog for more soon.

My webpage :: best cosmetic surgery clinic in delhi

Anonymous said...

Hiya! I just wish to give a huge thumbs up for the good data you might have
right here on this post. I will be coming again to your blog for more soon.


My blog post :: top country music songs of the 80s

Anonymous said...

Hiya! I just would like to give a huge thumbs up for
the great data you have here on this post. I can be coming
again to your blog for more soon.

Also visit my homepage; snsd seohyun facts

Anonymous said...

Hiya! I just wish to give an enormous thumbs up for the great information you will have here on this post.
I can be coming again to your blog for extra soon.



Look at my blog post - showcase cinemas times

Anonymous said...

Good day! I just wish to give a huge thumbs up for the nice data you could have here
on this post. I will likely be coming back to your weblog for extra soon.


Here is my web-site; elective cosmetic surgery pros and cons

Anonymous said...

Whats up! I simply would like to give an enormous thumbs up for the nice information you might have here on this post.

I will likely be coming back to your weblog for more soon.

Here is my weblog semi pro football teams in michigan

Anonymous said...

Hello! I just wish to give a huge thumbs up for the good information
you’ve right here on this post. I shall be coming again to your blog for more soon.


Also visit my site seohyun and yonghwa ep 22

Anonymous said...

Hiya! I just wish to give a huge thumbs up for the great data
you will have here on this post. I might be coming back to
your blog for more soon.

my blog :: watch queen seon duk episode 41

Anonymous said...

Hiya! I simply want to give a huge thumbs up for the
great data you’ve gotten here on this post. I can be coming
again to your blog for more soon.

Here is my blog :: cheapest hotel in itaewon seoul

Anonymous said...

Hiya! I just would like to give an enormous
thumbs up for the great info you have right here on this post.
I will probably be coming again to your weblog for more soon.


Check out my webpage; washington dc seoul korea time difference

Anonymous said...

Howdy! I just would like to give an enormous
thumbs up for the nice info you’ve got here on this post.

I might be coming again to your weblog for extra soon.


My web site: define semiotics in music

Anonymous said...

Hi there! I just wish to give a huge thumbs up for the great info you
may have here on this post. I will likely
be coming again to your blog for more soon.

Here is my web blog ... soul shoes st louis

Anonymous said...

Good day! I simply would like to give a huge thumbs up for
the nice information you’ve here on this post. I shall be coming back to
your blog for more soon.

My blog - air jordans wholesale free shipping

total12 said...

Were not relevant to the content of the appellant's website and should not have been admitted.urdu video tutorial sites

Anonymous said...

The meta-tags, banners, and links to other websites were admitted at the first trial. In Smith I, this court affirmed the trial judge's ruling on this issue...urdu tutorials

Anonymous said...

Hi there! I just wish to give an enormous thumbs up for the good
information you will have here on this post.
I shall be coming back to your weblog for more soon.urdu tutorials