Section 319 of the Criminal Code of Canada
Joe Flannigan
PUBLIC INCITEMENT OF HATRED
... / Wilful promotion of hatred / Defences / Forfeiture / Exemption
from seizure of communication facilities / Consent / Definitions /
"communicating" / "identifiable group" / "public place" /
"statements".
319. (1) Every one who, by communicating statements in a public place,
incites hatred against any identifiable group where such incitement is
likely to lead to a breach of the peace if 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.
(2) Every one who, by communicating statements, other than in private
conversation, wilfully promotes hatred against and 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.
(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.
(4) Where a person is convicted of an offence under [1]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 convictions, 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.
(5) [2]Subsections 199(6) and (7) apply with such modifications as the
circumstances require to [3]section 318 or subsection (1) or (2) of
this section.
(6) No proceeding for an offence under subsection (2) shall be
instituted without the consent of the Attorney General.
(7) In this section,
"communicating"
includes communicating by telephone, broadcasting or other
audible or visible means;
"identifiable group"
has the same meaning as in [4]section 318 ;
"public place"
includes any place to which the public have access as a right
or by invitation, express or implied;
"statements"
includes words spoken or written or recorded electronically or
electromagnetically or otherwise, and gestures, signs or other
visible representations. [R.S., c.11 (1st Supp.), s.1.]
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Note: Although at some of this section infringes the right to freedom
of expression, as guaranteed by [5]section 2(b) of the [6]Charter of
Rights and Freedoms , it has been ruled that it constitutes a
reasonable limit on that right and is therefore valid legislation: R.
v. Keegstra (1991), 63 C.C.C. (3d) 110, [1991] 4 W.W.R. 136, 79 Alta.
L.R. (2d) 97 (C.A.).
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John Baglow
Thank you, Mr. Flannigan. You might wish to post the relevant part of
Section 318 (definition of an " identifiable group.")
--
Cheers, He totara wahi rua he kai na te ahi.
John