INTRODUCTION AND BRIEF DESCRIPTION
This section exempts those who publish reports of marriage or divorce proceedings before the Senate or House of Commons without authorization or against rules from criminal liability.
SECTION WORDING
307(2) This section does not apply to a person who publishes a report of evidence taken or offered in any proceeding before the Senate or House of Commons or any committee thereof, on a petition or bill relating to any matter of marriage or divorce, if the report is published without authority from or leave of the House in which the proceeding is held or is contrary to any rule, order or practice of that House.
EXPLANATION
Section 307(2) of the Criminal Code of Canada provides an exception to the offence of criminal contempt of court. Criminal contempt of court is an offence that is committed when a person wilfully disobeys or ignores a court order, or wilfully obstructs the administration of justice or public officers in the discharge of their duties. This section applies to a person who publishes a report of evidence taken or offered in any proceeding before the Senate or House of Commons or any committee thereof on a petition or bill relating to marriage or divorce. The section creates an exception by stating that the person will not commit criminal contempt of court if they publish the report without authorization or leave of the House in which the proceeding is held. The exception is, however, conditional. The report must be published in the context of a petition or bill relating to marriage or divorce. If the report is published in any other context, it will not be exempted under section 307(2), and the person publishing will still be liable for criminal contempt of court. Furthermore, the report must be published without authority from or leave of the House in which the proceeding is held. If the House has given authority or leave for the report to be published, or if the report is contrary to any rule, order, or practice of that House, the exception under section 307(2) will not apply. In summary, section 307(2) of the Criminal Code of Canada provides an exception that allows for the publication of reports of evidence taken or offered in a proceeding before the Senate or House of Commons or any committee thereof, on a petition or bill relating to marriage or divorce. However, the exception is conditional and subject to certain restrictions, thereby ensuring that the administration of justice is not in any way impeded.
COMMENTARY
Section 307(2) of the Criminal Code of Canada provides an exception to the general rule that it is a criminal offense to publish information that discloses the identity of a party in a divorce or matrimonial proceeding. Specifically, this section carves out a safe harbor for those who publish reports of evidence taken or offered in any proceeding before the Senate or House of Commons, or any committee thereof, regarding a matter of marriage or divorce. The exception applies as long as the report is published without authorization or leave of the House in which the proceeding is held, or in defiance of any rules, orders, or established practices of that House. One of the primary rationales for this exception stems from the principle of openness and transparency in the democratic process. It recognizes that the public has a right to know about the workings of government, particularly in matters that concern family law. The government has a duty to account for any decisions that it makes in these areas, and the public has an interest in ensuring that these decisions are made in accordance with the law and with due regard for the rights and interests of all parties involved. By allowing reports of evidence to be published, even without the express consent of the House in which the proceeding occurred, this section creates a channel for information to flow from the government to the public, enabling greater accountability and oversight. Moreover, this exception also underscores the importance of the free press in a democratic society. It recognizes the vital role that journalists play in informing the public about matters of public concern, including those relating to family law. The exception to Section 307(2) allows the media to report on proceedings, to investigate and scrutinize, and to bring to light issues that might otherwise have gone unnoticed. This is particularly important given the impact that family law decisions can have on people's lives - their children, their finances, and their overall well-being. However, the exception created by Section 307(2) is not unlimited. The section still imposes substantial limitations on what can be published and by whom. For example, the exception only applies to reports of evidence taken or offered in proceedings before the Senate or House of Commons, or any committee thereof, relating to marriage or divorce. Reports of evidence in other types of family law proceedings, such as child custody or adoption cases, are not covered by this exception. Moreover, there are still restrictions on what can be published within the context of a report of evidence. For example, the section prohibits the publication of information that discloses the identity of a party in a divorce or matrimonial proceeding, unless the House in which the proceeding was held has provided express authorization or leave, or unless the publication is in compliance with existing rules, orders, or practices of that House. The section also prohibits the publication of any evidence given in circumstances where the person who gave the evidence was required to do so while under oath. Overall, Section 307(2) of the Criminal Code of Canada represents a balanced approach to balancing the principles of openness and transparency with the protection of privacy rights in the context of family law proceedings. By allowing for the publication of reports of evidence taken or offered in proceedings before the Senate or House of Commons, or any committee thereof, relating to marriage or divorce, the section enables the media to carry out its role of informing the public about matters of public concern. However, it also imposes constraints to ensure that the privacy rights of parties involved in those proceeding are still protected. As such, it represents an important piece of legislation that strikes a careful balance between competing interests and carries out a key function of a democratic society.
STRATEGY
Section 307(2) of the Criminal Code of Canada provides an exemption to the offence of publishing information about divorce and marriage proceedings. This implies that people who report on these matters can avoid legal liability when reporting on them. However, to achieve the best possible outcome when dealing with this section, strategic considerations are important. The first strategic consideration is to understand the scope of the exemption. This section only exempts individuals who produce reports of evidence in the Senate or House of Commons or their committees. As a result, other reporting obligations, such as court orders, or other legislative procedures, may still apply. Considering this, if a journalist wishes to report on a matter related to divorce and marriage in Canada, they must be certain that it aligns with the requirements of section 307(2). If the proceeding that connected the matter is not from the specified legislative arms, then the reporter may still be held accountable for publishing information concerning it. Another important strategic consideration is to exercise due diligence while reporting. Although the section offers some form of immunity, it is limited to the evidence taken or offered in any proceeding before the legislative arm. Therefore, it is prudent to ensure that the report does not contain extraneous or potentially harmful comments that could constitute defamation or harm to individuals involved in the proceedings. In cases where the report contravenes the rules or practices of the legislative arm, it would not be covered by the exemption. This applies to cases where the act of publishing may lead to a risk of contempt of the House or Senate. An additional strategy that could be utilized is ensuring that the reporting is done in the public interest. This would include reports that aim to inform the public on the workings of the government or provide accurate and timely information on issues of importance related to marriage and divorce proceedings. The public interest is often treated as a critical factor in determining whether charges will be laid in instances where reporting might violate section 307(2). It is also possible to use alternative legal defences when section 307(2) does not apply. For instance, journalists may seek protection under the defence of responsible communication, which places responsibility on the reporter to publish truthful information. Using this approach, the journalist must show that the information is justified, truthful, and of public importance. Thus, the defence of responsible communication could shield journalists even where the information published is not within the purview of Section 307(2). In conclusion, Section 307(2) is an essential provision that protects journalists and other individuals who report on divorce and marriage proceedings before the Senate or House of Commons. Nonetheless, it is critical to understand the limitations and exceptions of this provision if such individuals are to benefit from the protection it offers. Strategic considerations, including due diligence, the public interest, and alternative legal defences, could be crucial in ensuring the legal protection of individuals who report on these sensitive proceedings.