JOUR 2501 Lecture Notes - Lecture 12: Obscene Libel, Hicklin Test, Indictable Offence
16 Sep 2016
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S. 296 (1) (2) (3) cc (2) finding of fact (jury decides) (3) defences. Hasn"t been challenged in court- so can"t be declared unconstitutional. Not legally defined- simply says everyone who publishes it is guilty of indictable offence and liable to prison not exceeding 2 years. Without legal definition, jury decides if it is bl once someone complains. Punishment for people discriminating/hate speech against christianity. Definition: any publication dominant characteristics of which is the undue exploitation of sex, or of sex and any one of the following subjects, namely crime, horror, cruelty, and violence, shall be deemed obscene. Hicklin test- must protect people who may be negatively influenced by the obscene libel (e. g. children). Whether the tendency of the matter charged as obscene is to deprave and corrupt those whose minds are open to such immoral influences and into whose hands such a publication may fall.
