In the far North of Canada, in the cold, little territorial capital of Yellowknife, the Crown pressed charges against a husband Allan Shortt for criminal harrassment as against his wife, Tambia Shortt.
The victim explained her reaction to the communications on which the criminal harassment charges were, in part, based, as yukky.
Justice Bruser of the Territorial Court of the Northwest Territories adopted these words to define yukky:
"... distasteful or contemptible.
"Distasteful or contemptible is how the complainant regarded many of the accused's communications. Distasteful or contemptible communications are not what Parliament had in mind in enacting the criminal harassment section. Communications that are distasteful or contemptible are not always criminal. Criminal communications can, however, be distasteful or contemptible. (Criminal harassment) is about reasonably-held fears for one's safety. It is not a shield against distasteful but lawful communications. If it were, we would have to, I dare say, open up many more prisons."
REFERENCES:
- Criminal Code of Canada, Revised Statutes of Canada, 1985, Chapter C-46, §264
- R v Shortt 2002 NWTTC A1; also at 2002 NWTJ 33