Thread: Terrorist
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Old 07-21-2005, 12:25 PM   #63 (permalink)
Charlatan
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Quote:
Originally Posted by zen_tom
No I'm not in Canada, and I know nothing about Canadian hate-speech legislation. I doubt anyone in Canada is locked away based on their beliefs. Frankly I don't see the point of the question. You either have freedom of speech, or you lock people up based on their opinions. What'll it be?
In Canada you *can* be charged with a hate crime. Convictions are rare and usually in extreme cases, such as Holocaust deniers and those who would incite violence upon others due to their race, religion, sexual orientation, etc.

http://laws.justice.gc.ca/en/c-46/41491.html

Hate Propaganda

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.

Definition of "genocide"
(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.

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

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

R.S., c. 11(1st Supp.), s. 1.

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.

Wilful promotion of hatred
(2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any 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.

Defences
(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.

Forfeiture
(4) Where a person is convicted of an offence under section 318 or subsection (1) or (2) of this section, anything by means of or in relation to which the offence was committed, on such conviction, may, in addition to any other punishment imposed, be ordered by the presiding provincial court judge or judge to be forfeited to Her Majesty in right of the province in which that person is convicted, for disposal as the Attorney General may direct.

Exemption from seizure of communication facilities
(5) Subsections 199(6) and (7) apply with such modifications as the circumstances require to section 318 or subsection (1) or (2) of this section.

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

Definitions
(7) In this section,

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

"identifiable group" «groupe identifiable»
"identifiable group" has the same meaning as in section 318;

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

"statements" «déclarations»
"statements" includes words spoken or written or recorded electronically or electro-magnetically or otherwise, and gestures, signs or other visible representations.
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Last edited by Charlatan; 07-21-2005 at 12:28 PM..
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