INTRODUCTION AND BRIEF DESCRIPTION
Section 296(2) determines if a published matter is a blasphemous libel.
SECTION WORDING
296(2) It is a question of fact whether or not any matter that is published is a blasphemous libel.
EXPLANATION
Section 296(2) of the Criminal Code of Canada deals with the offence of blasphemous libel. Blasphemous libel is the publication of any matter that insults or ridicules religion or religious beliefs. This offence is considered to be a relic of the past and is rarely prosecuted in Canada. In this section, the law states that whether or not any matter published is a blasphemous libel is a question of fact. This means that it is up to the court to determine whether the publication in question is considered to be blasphemous. The section requires that the prosecution prove beyond a reasonable doubt that the publication is in fact blasphemous. The code leaves it up to the trier of fact (a judge or a jury) to determine if the publication is indeed blasphemous. The law states that anyone who is found guilty of blasphemous libel would be guilty of an indictable offence. The maximum sentence for this offence is a term of imprisonment for up to two years. Blasphemous libel is considered a highly controversial offence in the Canadian legal system. Critics argue that it is a violation of the right to freedom of expression and religion. There have been calls for the repeal of this law as a result. In conclusion, section 296(2) underscores the seriousness and depth of scrutiny usually given to cases of blasphemous libel in Canadian courts. While the law is still enforceable, the difficulty of satisfying the legal requirements necessary to secure a conviction have seen very few cases being prosecuted despite occasional renewal calls for its wide application by individuals or groups offended by disparaging religious portrayals.
COMMENTARY
Section 296(2) of the Criminal Code of Canada deals with the offense of blasphemous libel. Blasphemy is described as an act of irreverence or disrespect towards a holy or sacred being or thing by written or verbal communication. In law, blasphemy can be described as an act of profanity through speech or communication to a group that can be considered offensive, irrespective of whether it's true or not. The section states that it is a matter of fact to determine whether or not a published matter is blasphemous libel. It means that the prosecution must prove that the accused was guilty beyond a reasonable doubt, and it was a deliberate act of offending, undermining, or showing disrespect towards a religious belief or group. The section has been highly debated by many legal experts and human rights activists, arguing that it contravenes the provisions of the Canadian Charter of Rights and Freedoms - particularly section 2, which provides for freedom of expression. They argue that the existence of the offense of blasphemy in Canada's laws limits free speech and undermines the constitutional right to freedom of expression. Moreover, some argue that blasphemy laws have no place in a modern democratic society, as they contradict the principles of free speech and violate human rights of expression. There have been multiple cases in Canada where individuals have been charged with blasphemy, including comedian Mike Ward. He was tried and fined a total of $42,000 for making jokes about a young man with a disability that offended certain groups. Though this is a different offense, it highlights how free speech can be restricted. However, others argue that having such laws is essential for social harmony and peace. To avoid being hateful and letting one's freedom of speech surpass the limits; people must be held accountable if they insult others' beliefs or opinions, particularly those relating to a person's religious faith or creed. There is an argument that if individuals don't have the freedom to offend, how can free speech exist? In conclusion, section 296(2) of the Criminal Code of Canada is a matter of debate among various groups in Canada. While some believe that such a provision is crucial in maintaining social harmony and peace, others argue that it restricts their freedom of expression. The matter remains a delicate balance between standing up for one's rights and offending others' beliefs. Ultimately, it is up to Canada's lawmakers to review, interpret and amend the provisions, as appropriate, considering both social, constitutional and cultural considerations.
STRATEGY
Section 296(2) of the Criminal Code of Canada is a provision that has come under scrutiny due to its potential infringement on freedom of expression. The provision makes it a crime to publish a blasphemous libel, and it is up to the court to determine whether a publication fits this description. When dealing with this section of the Criminal Code, one must consider how to balance the protection of religious sensibilities with the fundamental right to freedom of expression. One strategic consideration when dealing with this section of the Criminal Code is to carefully assess the nature of the publication in question. To be considered a blasphemous libel, the publication must be one that tends to create a sense of hatred or contempt towards a religious group. It is important to assess whether the publication is intended to incite violence or discrimination against a religious group as such publications are in clear violation of laws relating to hate speech. Another strategy that could be employed when dealing with this section of the Criminal Code is to ensure that any publication offending a religious group is not directed at the vulnerable or marginalized members of that community. For example, if the publication is directed at a minority religious group, the strategy would be to ensure that the language and images used do not target the most vulnerable or exploited members of that religious community. A further consideration is to ensure that the publication does not target individuals or groups based on their religious beliefs or practices. If a publication is targeted towards a particular religious group, it should be clear that the criticism is directed towards the theological or philosophical beliefs and practices of that group, rather than the individuals who hold those beliefs. This can be done by ensuring that the language used does not appear to be directed at the individuals who practice the religion but rather at the religion itself. Another strategic consideration is to ensure that the publication does not contain false or misleading information about a particular religion or religious group. Misinformation or falsehoods may not only be likely to incite hatred and contempt towards the religious group but may also lead to negative stereotypes that have the potential to harm individuals within that religious community. In conclusion, the balance between freedom of expression and the need to protect religious sensibilities is a difficult one, and Section 296(2) of the Criminal Code of Canada requires careful consideration when dealing with publications related to religion. Some strategic considerations include assessing the nature of the publication, ensuring that the vulnerable or marginalized members of the religious community are not targeted, focusing on theological or philosophical beliefs of the religion rather than the individuals who hold those beliefs, and ensuring the publication does not contain false or misleading information. Ultimately, it is up to the courts to determine whether a publication is a blasphemous libel, and careful consideration of the nature of the publication can help to ensure that freedom of expression is protected without infringing unnecessarily on religious sensibilities.