IIAE-E-2- Hate Crimes and Propaganda

Classification: 
I: Instructional
Code: 
IIAE-E-2

EXCERPTS FROM: CRIMINAL CODE OF CANADA (ADVOCATING GENOCIDE, SECTION 318; PUBLIC INCITEMENT OF HATRED, SECTION 319),CANADIAN HUMAN RIGHTS ACT, AND B.C. HUMAN RIGHTS ACT 

Section 318 of the Criminal Code - Advocating Genocide

318     (1)       Every one who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. 

            (2)       In this section, "genocide" means any of the following acts committed with intent to destroy in whole or in part any identifiable group, namely, 

                        a)         killing members of the group; or

                        b)         deliberately inflicting on the group conditions of life calculated to bring about its physical destruction. 

            (3)       No proceeding for an offence under this section shall be instituted without the consent of the Attorney General. 

            (4)       In this section, "identifiable group" means any section of the public distinguished by colour, race, religion or ethnic origin. 

Section 319 of the Criminal Code - Public Incitement of Hatred 

319     (1)       Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of 

                        a)         an indictable offence and is liable to imprisonment for a term not exceeding two years; or 

                        b)         an offence punishable on summary conviction.

            (2)       Every one who by communicating statements, other than in private conversation, willfully promotes hatred against an identifiable group is guilty of 

                        a)         an indictable offence and is liable to imprisonment for a term not exceeding two years; or 

                        b)         an offence punishable on summary conviction. 

            (3)       No person shall be convicted of an offence under subsection (2) 

                        a)         if he establishes that the statements communicated were true; 

                        b)         if, in good faith, he expressed or attempted to establish by argument an opinion on a religious subject; 

                        c)         if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or 

                       d)         if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada. 

            (4)       No proceeding for an offence under subsection (2) shall be instituted without the consent of the Attorney General. 

            (5)       In this section,

"communicating" includes communicating by telephone, broadcasting or other audible or visible means;

"identifiable group" has the same meaning as in Section 318;

"public place" includes any place to which the public have access as of right or by invitation, express or implied;

"statements" includes words spoken or written or recorded electronically or electro-magnetically or otherwise, and gestures, signs or other visible representations. 

Canadian Human Rights Act - Section 13 - Hate Messages 

(1)       It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination. 

(2)       Exception - Subsection (1) does not apply in respect of any matter that is communicated in whole or in part by means of the facilities of a broadcasting undertaking. 

(3)       Interpretation - For the purpose of this section, no owner or operator of a telecommunication undertaking communicates or causes to be communicated any matter described in subsection (1) by reason only that the facilities of a telecommunication undertaking owned or operated by that person are used by other persons for the transmission of such matter. 

British Columbia Human Rights Act - Section 2 - Discriminatory Publication 

(1)       No person shall publish, issue or display or cause to be published, issued or displayed any statement, publication, notice, sign, symbol, emblem or other representation that 

            (a)       indicates discrimination or an intention to discriminate against a person or group or class of persons, or           

            (b)       is likely to expose a person or a group or class of persons to hatred or contempt because of race, colour, ancestry, place or origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person or that group or class of persons. 

(2)       Subsection (1) does not apply to a private communication or to a communication intended to be private. 

DMT Responsibility:AS-LS