AOH :: SEC319.TXT

Section 319 of the Criminal Code of Canada (CCC) dealing with hate crimes

         This information is brought to you by
              the B.C. Liberal Party BBS

           - The most Liberal board around-
             24 hours a day, 7 days a week
                    (604) 277-4766

**********************************************************************
Excerpt from the Criminal Code of Canada, 
                 Chapter C-46, Revised Statutes of Canada, 1985. 
**********************************************************************


Section 318,  Hate Propaganda
(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:
(1)  Every one who, by communicating statements in any public place,
     incites hatred against any identifiable group where such inci-
     tement is likely to lead to a breach of the peace is guilty of
    (a)   an indictable offense 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, wilfully promotes hatred against any identifiable 
     group is guilty of
    (a)   an indictable offense 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 offense 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 bene-
          fit, 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)  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 magistrate 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.

(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.

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

(7)  In this section,
"communicating" includes communicating by teltphone, 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.



X-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-X
 Another file downloaded from:                                NIRVANAnet(tm)

 &TOTSE                510/935-5845   Walnut Creek, CA         Taipan Enigma
 Burn This Flag        408/363-9766       San Jose, CA                Zardoz
 realitycheck          415/666-0339  San Francisco, CA    Poindexter Fortran
 Governed Anarchy      510/226-6656        Fremont, CA             Eightball
 New Dork Sublime      805/823-1346      Tehachapi, CA               Biffnix
 Lies Unlimited        801/278-2699 Salt Lake City, UT            Mick Freen
 Atomic Books          410/669-4179      Baltimore, MD               Baywolf
 Sea of Noise          203/886-1441        Norwich, CT             Mr. Noise
 The Dojo              713/997-6351       Pearland, TX               Yojimbo
 Frayed Ends of Sanity 503/965-6747     Cloverdale, OR              Flatline
 The Ether Room        510/228-1146       Martinez, CA Tiny Little Super Guy
 Hacker Heaven         860/456-9266        Lebanon, CT         The Visionary
 The Shaven Yak        510/672-6570        Clayton, CA             Magic Man
 El Observador         408/372-9054        Salinas, CA         El Observador
 Cool Beans!           415/648-7865  San Francisco, CA        G.A. Ellsworth
 DUSK Til Dawn         604/746-5383   Cowichan Bay, BC         Cyber Trollis
 The Great Abyss       510/482-5813        Oakland, CA             Keymaster

                          "Raw Data for Raw Nerves"
X-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-X

The entire AOH site is optimized to look best in Firefox® 3 on a widescreen monitor (1440x900 or better).
Site design & layout copyright © 1986- AOH
We do not send spam. If you have received spam bearing an artofhacking.com email address, please forward it with full headers to abuse@artofhacking.com.