Criminal Code of Canada
According to the Criminal Code of Canada, hate propaganda becomes a crime when an action:
- purposely promotes or advocates killing members of an identifiable group (based on colour, race, religion or ethnic origin) or creates living conditions which will kill them [section 318] under the Criminal Code of Canada (CCC)
- "incites" hatred against an identifiable group (based on colour, race, religion or ethnic origin) [section 319(2) under the CCC] by:
§ communicating statements by telephone, broadcasting or other audible or visible means (which could be spoken words, written words, recorded words, gestures, or even signs)
§ occurring in a public place (any place the public is free to go or is invited to go)
§ inciting hatred against an identifiable group (based on colour, race, religion or ethnic origin)
§ and where it's likely to result in a breach of the peace (i.e. it's likely to result in an outbreak of violence)
To be charged with inciting hate, an individual must be found guilty in all these areas:
§ "willfully" (on purpose) promotes hatred against an identifiable group (based on colour, race, religion or ethnic origin) [section 319(2) under the CCC]. The criminal act occurs when an individual:
§ communicates statements through any communication other than in a private conversation (courts would have to decide whether or not a conversation between two people on the Internet is considered private)
§ promotes hatred (encourage people to hate or attempt to convince them it's a good thing to do)
§ promotes hatred against an identifiable group (based on colour, race, religion or ethnic origin)
Canadian Charter of Rights and Freedoms
In cases relating to Hate, where rights to freedom of expression are pitted against freedom from incitement to hatred, Section 2 of the Canadian Charter of Rights and Freedoms, is often cited as justification for hate speech. Section 2 is the part of our constitution that guarantees freedom of thought, belief, opinion and expression to all Canadians.
However, at the same time, the Charter also states that our rights to free speech are subject to "reasonable limits that can be demonstrably justified in a free and democratic society."
In the case of hate crimes, courts have ruled that although section 319(2) of the Canadian Criminal Code does limit free speech by preventing people from expressing their opinions; in a democratic society it is reasonable that we limit speech that may incite violence against others.
Canadian Human Rights Act
The Human Rights Act isn't a criminal law. But it does make it illegal to use telecommunications (which includes the Internet) to expose a person to hatred or contempt on the basis of:
- race
- national or ethnic origin
- colour
- religion
- age
- sex
| - sexual orientation
- marital status
- family status
- disability
- conviction for which a pardon has been granted
|
Section 13(1) says:
13. (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.
If someone is discriminated against, he or she can file a complaint with the Human Rights Commission. The Commission will investigate the complaint. If it finds there was discrimination, then it can order the person doing it to stop.
