R. v. Stucky, Ont. C.A., per Weiler and Gillese J.J.A., 2009 ONCA 151 (CanLII), 240 CCC (3d) 141

In the case of R. v. Stucky, Stucky was charged under section 52(1) of the Competition Act for his involvement in a direct mailing scheme that contained false and misleading representations. He may have various arguments that he could raise in his defense, as well as considerations related to the location of his potential victims. Additionally, if the prosecution under the Competition Act were unsuccessful, other legislation might be used against him. Here are some potential arguments and considerations:

Possible Defenses:

1. Lack of Knowledge: Stucky could argue that he was not aware of the false and misleading representations contained in the direct mailings. To be found guilty under section 52(1) of the Competition Act, there must be evidence that he knowingly or recklessly made false representations. If he can demonstrate a lack of knowledge or intent, this may be a defense.
2. Freedom of Speech: Stucky might claim that the direct mailings constitute protected speech or expression under the Canadian Charter of Rights and Freedoms. However, freedom of speech is not an absolute right and may be subject to limitations, particularly when it involves false and misleading advertising.
3. Mistaken Identity: If Stucky can show that he was not the person responsible for the false representations and that there was a case of mistaken identity, this could be a valid defense.
4. Procedural or Evidentiary Issues: Stucky could challenge the admissibility of evidence or raise procedural issues that might impact the case's outcome.

Location of Potential Victims: The location of Stucky's potential victims could have some legal significance:

• If the potential victims are in the United States, it may raise questions about the jurisdiction of Canadian authorities to prosecute a case involving primarily extraterritorial conduct. This could be a jurisdictional issue that Stucky's defense might explore.

Other Legislation: If the prosecution under the Competition Act were unsuccessful, other legislation might be considered, including:

• Criminal Code offenses: If the false representations involve fraudulent activities, other criminal charges related to fraud or deception could be pursued.
• Consumer protection laws: Depending on the nature of the false and misleading representations, provincial or federal consumer protection laws might apply.

It's essential to note that legal defenses and outcomes will depend on the specific facts and circumstances of the case, the evidence presented, and the legal arguments made by both the prosecution and the defense. Additionally, the impact of the location of potential victims and the potential use of other legislation will depend on the specific laws and their applicability to the case.