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Posts Tagged ‘Criminal Code’

I was just talking yesterday with someone about some interesting provisions in the Canada’s Criminal Code, included from a bygone era, where the purpose of criminal law was really appreciated and codified, of fundamentally protecting individual freedom, versus making the state supreme.

One of them I was aware of going all the way back to 2009, from the work of Robert Menard, and it turns out that it had actually been repealed in 2012.

Here it was before repeal, in Section 39:

Defence with claim of right

39 (1) Every one who is in peaceable possession of personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary.

Defence without claim of right

(2) Every one who is in peaceable possession of personal property, but does not claim it as of right or does not act under the authority of a person who claims it as of right, is not justified or protected from criminal responsibility for defending his possession against a person who is entitled by law to possession of it.

And here is what the 2012 repeal legislation said:

39 [Repealed, 2012, c. 9, s. 2]

More on the significance and other interesting current and former provisions in a future post.

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On a special October 16, 2014 episode of Exposing Faux Capitalism, I interviewed Arthur Topham, who has been charged as a political thought criminal for allegedly violating Canada’s Criminal Code provisions for “willfully promoting hatred,” for his writings at his site, RadicalPress.com.

In this interview, the issues we discussed included:

– The Ontario Civil Liberties Association supporting his case and calling for a repeal of all “hate crime” provisions in the Criminal Code and circulating a petition calling for the B.C. Attorney General to revoke her consent for the prosecution of Arthur Topham.
– He was charged with a crime after the Human Rights Commission was no longer to hear so-called hate cases in 2012.
– The tight control of the media and the blackout on mass media coverage of his case ever since November 2012 with a single National Post article.
– The phony media, with so-called liberal newspapers like the Toronto Star not making counter-point arguments to the supposed right-wing National Post newspaper on their article.
– The inconsistencies in the charge and with his prosecution.
– The Charter of Rights and Freedoms guarantees those charged “to be tried within a reasonable time,” yet he was charged in 2012, and his trial has finally been scheduled for October 2015.
– The political nature of the crime, with the Attorney General of the province having to sign off on it.
– The selective application of the law, with others not prosecuted, despite doing similar or more things than Arthur Topham did.

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