2ND EDIT. REVISED STATITES 1906 REMARKS Sec. 288. Sec. 320. Publishing proceedings of Courts of Justice. Unchanged. Sec. 289. Sec. 321. Publishing parliamentary papers. Unchanged. Sec. 290. Sec. 322. Fair Reports of proceedings of Parliament and cf Courts. Unchanged. The Court has power summarily to commit for constructive contempt, notwithstanding sections 322, 324 and 325 of the Code, as to fair reports of court proceedings and fair comment upon public affairs; but the Court will not exercise the power where the offence is of a trifling nature, but only when necessary to prevent interference with the course of justice. A statement in a newspaper editorial to the effect that one of the parties to a pending suit will lose the case, is a contempt of Court. A statement to the effect that a Judge of the Court having taken an active part in a general election, would have to devote his spare moments to schooling himself into forgetfulness of his political career, is not a contempt. A statement to the effect that the spectacle of such Judge trying election cases is not edifying and that it does not produce a good impression in the public mind, is not a contempt. A party to a suit has a status to move to commit a stranger to the suit for constructive contempt, although no affidavit is filed by him or on his behalf to the effect that the alleged contempt is calculated to prejudice him in his suit. Any person may bring to the notice of the Court any alleged contempt; but, unless the offence is of so serious a nature as to make it necessary to inflict summary punishment in order to prevent interference with the course of justice, there should be no committal. (85) Where a jury disagreed upon the trial of an indictment and a new jury was ordered for another sitting the case is in the meantime still a pending one; and improper and partial newspaper comments thereon passed by one of the accused will constitute a contempt of court by him. The court in imposing sentence upon a newspaper proprietor for a contempt of court contained in a newspaper comment may, in addition to the infliction of a fine and imprisonment, require the accused to find sureties to keep the peace and to refrain from publishing further articles reflecting on the pending case and may order imprisonment for six months or until security is sooner given or until the pending cause is sooner ended. (86) (85) Stoddard v. Prentice, 5 Can. Cr. Cas.. 103. (86) R. v. Charlier, 6 Can. Cr. Cas., 486; Que. Off. Rep., 12 K. B., 385. 2ND EDIT. REVISED STATUTES 1906 REMARKS It has been held, in England, that the High Court of Justice there has jurisdiction to grant a writ of attachment against a person who publishes improper comments with reference to the defendant in a case, pending before justices, which may possibly, though not necessarily, come before the High Court. (87) A reception order having been made under the Imperial Lunacy Act, 1890, proceedings were taken under section 49 of the Act for the examination of the patient by two medical practitioners appointed by the Commissioners in Lunacy with a view to his discharge. Reports were made by two medical practitioners under the section, but the Commissioners refused to order the discharge of the patient. A newspaper subsequently published the two reports in an article commenting on the detention of the patient. A day before the publication of the reports an application was made under section 116 of the Act for the appointment of a receiver of the patient's property during his detention, and the reports of the two doctors were made exhibits to an affidavit in these proceedings. Neither the publisher nor the editor of the newspaper knew of these proceedings under section 116, nor did the articles discuss such proceedings. Upon an application to commit for contempt of Court in publishing the reports of the doctors, and the article, it was held that, as the proceedings under sec. 49 were concluded, it was not a contempt of Court to publish the reports and the article, and that, as to the pending proceedings under sec. 116, there was no evidence that the respondents knew of those proceedings, and they were therefore not guilty of contempt. (88) Where a person having been charged before the petty sessions with an indictable offence, triable only at the assizes, matter is published in a newspaper tending to interfere with the fair trial of the charge, the High Court has jurisdiction to attach the publisher of such matter, for contempt of court, notwithstanding that, at the time of the publication the person had not yet been committed for trial. (89) Sec. 291. Sec. 323. Fair reports of public meetings. Unchanged. Sec. 292. Sec. 324. Public Benefit. Sec. 293. Sec. 325. Fair comment on public person, or on works of literature or art, etc. Unchanged. (87) R. v. Davies, [1906] 1 K. B., 32; 75 L. J., K. B., 104; 22 T. L. R., 97. (88) In re Townshend, (Marquis), 22 T. L. R., 341; Mews Ann. Dig., [1906] 61. (89) R. v. Parke, 72 L. J., K. B., 839; [1903] 2 K. B., 432. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 294. Sec. 326. Publication seeking remedy for grievance. Sec. 295. Sec. 327. Answers to enquiries. Unchanged. (90) Sec. 329. Newspaper proprietor presumed responsible for defamatory matter published in his newspaper. Unchanged. Sec. 298. Sec. 330. Selling books containing defamatory matter. Sec. 299. Sec. 331. When truth is a defence. Sec. 300. Sec. 301. Unchanged. Sec. 332. Extortion by defamatory libel. Unchanged. Sec. 333. Punishment of defamatory libel known to be false. Sec. 302. Sec. 334. Punishment of defamatory libel. Unchanged. Unchanged. PART VII. OFFENCES AGAINST RIGHTS OF PROPERTY AND RIGHTS ARISING OUT OF CONTRACTS, AND OFFENCES CONNECTED Sec. 335. Definitions. WITH TRADE. Interpretation. In this Part, unless the context other wise requires, (90) Except that the clause "if the defamatory matter is believed by him to be true," near the end of the section, is now worded as follows. "if the defamatory matter is believed by the person publishing the same to be true." (1) Taken from the latter part of the old sec. 519. (2) Taken from subsec. 5 of the old sec. 392. (3) Taken from par. (b) of the old sec. 407. 2ND EDIT. REVISED STATUTES 1906 REMARKS (d) covering' includes any stopper, cask, bottle, vessel, box, cover, capsule, case, frame or wrapper; and 'label' includes any brand or ticket; (4) (e) dwelling-house' means a permanent building, the (f) 'document' means any paper, parchment or other 6 Added. (h) exchequer bill' includes exchequer bonds, notes, (j) false document' means (i) a document the whole or some material part of which purports to be made by or on behalf of any person who did not make or authorize the making thereof, or which, though made by, or by the authority of, the person who purports to make it, is falsely dated as to time or place of making, where either is material, or (4) Taken from par. (e) of the old sec. 443. (6) Taken from the old sec. 419. (7) Taken from par. (a) of the old sec. 420. (8) Taken from par. (a) of sec. 433 of the old Code. 2ND EDIT. REVISED STATUTES 1906 REMARKS (ii) a document, the whole or some material part of which purports to be made by or on behalf of some person who did not in fact exist, or (iii) a document which is made in the name of an existing person, either by that person or by his authority, with the fraudulent intention that the document should pass as being made by some person, real or fictitious, other than the person who makes or authorizes it; (9) (k) false name or initials' means, as applied to any goods, any name or initials of a person which (i) are not a trade mark or part of a trade mark, (ii) are identical with, or a colorable imitation of the name or initials of a person carrying on business in connection with goods of the same description, and not having authorized the use of such name or initials, (iii) are either those of a fictitious person or of some person not bona fide carrying on business in connection with such goods; (10) (7) false trade description' means a trade description which is false in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement or otherwise, where that alteration makes the description false in a material respect. and the fact that a trade description is a trade mark, or part of a trade mark shall not prevent such trade description being a false trade description within the meaning of this Part; (11) (m) goods,' for the purposes of the sections relating to forgery of trade marks and fraudulent marking of merchandise, means anything which is merchandise. or the subject of trade or manufacture; (12) (n) 'name' includes any abbreviation of a name; (13) (0) person', manufacturer', 'dealer', or 'trader' and proprietor' for the purposes of the sections relating to forgery of trade marks and fraudulent marking of merchandise, include any body of persons, corporate or not corporate; (14) (9) Taken from the old sec. 421. (10) Taken from the latter part of subsec. 3 of the old sec. 443. (11) Taken from par. (c) of the old sec. 443. (12) Taken from par. (d) of sec. 443 of the old Code. (13) Taken from par. (g) of the old sec. 443. (14) Taken from par. (f) of the old sec. 443. |