Under Arrest: Canadian Laws You Won't Believe.
Description
Contains Illustrations, Bibliography
$24.99
ISBN 978-1-55002-703-7
DDC 349.7102
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Review
It is always a pleasure to read a book that has the panache to deal with important matters in a light-hearted way. And make no mistake, Under Arrest: Canadian Laws You Won’t Believe is entertaining and solidly researched. The reader gets a quick lesson in Canadian law while simultaneously being treated to a delightful commentary on its foibles.
We are offered a brisk history of how a ban on crime comics entered the Criminal Code in 1949 and still remains as Section 163. All of this might seem quite silly until the author reminds us that crime comics have morphed into the violent video games of the 21st century. At that point, I suspect that, for many readers, amusement turns to concern.
Interpreting the meaning of words and phrases is an essential component of the use of the law in the governance of human affairs. Tarantino treats us to a delightful lesson in how this works. Gwen Jacobs was charged with the crime of walking topless on a hot day in Guelph in 1991. Here is where the legal fun begins. Public nudity is a crime under Section 174 of the Criminal Code, but that section requires the attorney general to consent to the charge. This is quite complicated, so the police opted to charge her with public indecency under Section 173. Although there was only a $75 fine at issue, the case got to the Ontario Court of Appeal. She was acquitted there, but only after the court went through an exhaustive analysis of what counted as “indecency.” While you learn the fate of Jacobs, you experience a painless tutorial in legal reasoning.
For those who cherish the Canadian self-image of tolerance, the most disturbing chapter will be the one on race and religion. Legal manoeuvring animated by prejudice inevitably produces ridiculous results, and Canada has had its share. This plays to the strength of the book; the tragic and the humorous are often indistinguishable.