[font=Verdana,Arial]Criminal Code of Canada: Hate Provisions - Summary[/font]
[font=Verdana,Arial]"Hate" is defined as a crime under two parts of CanadaÂ’s Criminal Code: sections 318 and 319. To convict anyone under the Code, very specific proof is required: both of the criminal act itself, and of the intention or motivation to commit the crime. It isnÂ’t enough that someone has said something hateful or untrue; the courts will only find someone guilty if they contravened the Code exactly, and if they did it deliberately.[/font]
[font=Verdana,Arial]Section 318: Advocating Genocide[/font]
[font=Verdana,Arial]The criminal act of "advocating genocide" is defined as supporting or arguing for the killing of members of an "identifiable group" — persons distinguished by their colour, race, religion or ethnic origin. The intention or motivation would be the destruction of members of the targeted group. Any person who promotes genocide is guilty of an indictable offence, and liable to imprisonment for a term not exceeding five years.[/font]
[font=Verdana,Arial]Section 319(1): Public Incitement of Hatred[/font]
[font=Verdana,Arial]The crime of "publicly inciting hatred" has four main elements. To contravene the Code, a person must:[/font]
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- communicate statements,
- in a public place,
- incite hatred against an identifiable group,
- in such a way that there will likely be a breach of the peace.
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Under section 319, "communicating" includes communicating by telephone, broadcasting or other audible or visible means; a "public place" is one to which the public has access by right or invitation, express or implied; and "statements" means words (spoken, written or recorded), gestures, and signs or other visible representations.
All the above elements must be proven for a court to find an accused guilty of either:
- an indictable offence, for which the punishment is imprisonment for a term not exceeding two years; or
- an offence punishable on summary conviction.
Section 319(2) defines the additional offence of communicating statements, other than in private conversation, that wilfully promote hatred against an identifiable group.