The Supreme Court has set a new standard for interpreting the offence of counselling the commission of a crime. The issue arose after an Alberta resident offered, for sale on the Internet, information on how to commit credit card fraud, build explosives, and burglarize homes.
CCLA intervened in the case to help ensure that legitimate speech and political advocacy would not be caught up by the Court's interpretation of the offence. For example, Henry David Thoreau's famous essay Civil Disobedience or Karl Marx's Communist Manifesto could be caught under an over-broad counselling offence.
In its decision, the Supreme Court held that the offence of counselling the commission of a crime does not require the Crown to show that the accused actually intended for the listener to carry out the crime.
Special Counsel Andrew Lokan, who had acted for CCLA in the case, expressed disappointment in the judgment.