In pursuance of His Majesty's order in council to me directed, these are to give public notice that war with France will be proclaimed on Friday next, the 24th instant, at the palace royal, St. James', at one of the clock, of which all heralds and pursuivants at arms are to take notice, and give their attendance accordingly. Such conduct now gives rise to prosecutions under the false pretences sections at ss. 361 -363 of the Code and the false prospectus section at s. 400, while the offence of public mischief in s. 140 only applies to false allegations of criminal conduct which impairs police efficacy. In 1936, Arnold Leese was convicted for publishing in his magazine, The Fascist, an article alleging that Jews were responsible for unsolved child murders. I can appreciate that behind what you have done there is possibly a belief amounting in its intensity almost to fanaticism with regard to the truth or otherwise of these statements.
Nothing can be more harmful to the public weal than that.
More generally, the close of the 19th century saw a specialization of function among the various sections. The spreading false news provision appears in art. Scott, supra, notes at p. 39 that it was upon this formulation of the offence that the Canadian Criminal Code provision was based. Every one is guilty of an indictable offence and liable to one year's imprisonment who wilfully and knowingly publishes any false news or tale whereby injury or mischief is or is likely to be occasioned to any public interest. However, a more thorough review of the history of the related provisions reveals a clear pattern of attention to attacks on vulnerable groups.