AOH :: SEC319.TXT
Section 319 of the Criminal Code of Canada (CCC) dealing with hate crimes
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Excerpt from the Criminal Code of Canada,
Chapter C-46, Revised Statutes of Canada, 1985.
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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.
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