Hate Propaganda And The Criminal Code Of Canada - 1589 Words

Hate Propaganda law, is in Sections 318, 319, and 320 of the Criminal Code of Canada, and it states that Hate propaganda means any writing, sign or visible representation that advocates or promotes genocide or the communication of which by any person would constitute an offence under section 319. and â€Å"Every one who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.† Under s. 319(1) of the Criminal Code, â€Å"anyone who communicates statements in a public place and thereby incites hatred against an identifiable group where such incitement leads to a breach of the peace is guilty of an indictable offence punishable by two years imprisonment or a summary conviction offence.† Section 319(2) makes it a crime to â€Å"communicate, except in private conversation, statements that wilfully promote hatred against an identifiable.† No â€Å"prosecution† under s. 319(2) can â€Å"b e instituted without the consent of the provincial Attorney General† and if charged under s. 319(2) of the Criminal Code, â€Å"the person has available four special defences set out in s. 319(3)†. These defences are: 1) â€Å"that the communicated statements are true†; 2) â€Å"that an opinion or argument on a religious subject was expressed in good faith†; 3) â€Å"that the statements were relevant to a subject of public interest and were on reasonable grounds believed to be true†; and 4) â€Å"that in good faith the statements were meant to point out for removalShow MoreRelatedThe Canadian Charter Of Rights And Freedoms2016 Words   |  9 Pagesmainly upon two sections of the Charter, and one section of the Criminal Code of Canada. These two sections in the Charter included section 1 (reasonable limits), and section 2(b) (freedom of expression). Section 319(2) of the Criminal Code was challenged against these two sections of the Charter to d eem if it was constitutional.4 Keegstra argued it was not as it interfered with his freedom of expression, however, the Supreme Court of Canada, eventually, ruled against this.5 In the case of R. v. KeegstraRead MoreFreedom Of Expression Under Charter Framework1643 Words   |  7 Pagesunder a great amount of scrutiny by the Saskatchewan Human Rights Commission. The Saskatchewan Human Rights Commission found that Whatcott violated section 14 of the human rights code which states no one shall publish or distribute material that promotes hatred of any group of people. Whatcott’s activities were ruled as hate speech against homosexuals and was ordered to pay compensation to his complainants. After this case was appealed several times it was eventually heard by the Supreme Court. TheRead MoreFreedom Is A Fundamental Right Of Individual Autonomy2224 Words   |  9 Pagesof information is evidence of a healthy democracy. Therefore, freedom is a fundamental right of individual aut onomy. However, it is very important to show contrast that there is a vast difference between the allowance of freedom of expression in in Canada, compared to free speech in the United States, where all forms freedom of speech is protected under the First Amendment of the Bill of Rights. (Tarnopolsky 1983) However, under the 1982 Canadian Charter of Rights and Freedoms under Section 2b, itRead MoreMark Steyn s Views On The Pursuit Of Truth1590 Words   |  7 Pagesarticles regarding the prominence of Islam in the West – rather than leaving it as a one-sided argument. It is very easy for those opposing Islam, or for argument sake, anything that contrasts the Western majority’s views or background, to disguise their hate speech under the guise of free speech, and one can see that is the case for Mark Steyn’s arguments. Not only is Mr. Steyn using selective quotations and certain ‘facts’ as a means of defending his position on the suggested Islamic ta keover of the WestRead MoreProtecting The Rights Of Minority Groups1538 Words   |  7 Pageshowever, being a liberal society also means that there ought to be a responsibility to protect vulnerable minorities from being harmed by hate speech. As a result of competing rights, the state often faces the difficult task of determining when one right trumps the other. In this essay, I will discuss and defend the reasons why we must restrict certain types of hate speech – the kind that assaults our dignity, and is harmful. Moreover, I will discuss and defend why we must protect the rights of minorityRead MoreR. V. Keegstra : in Support of the Dissent Essay2797 Words   |  12 Pagesdoes freedom of expression really mean? Why is it important to our democratic society? In the landmark case of R. v. Keegstra (1990), the issues of freedom of expression and hate speech is brought in front of the Supreme Court of Canada. The case also deals with issues of whether sections 319(2) and 31 9(3)(a) of the Criminal Code violated section 2(b) and section 11(d) of the Charter of Rights and Freedoms. The courts view that the objectives of having freedom of speech are correlated with democracyRead MoreThe Queer Community Is Made Up Of An Very Diverse Array Of People2132 Words   |  9 PagesWinterdyk (2010) define diversity as â€Å"the degree of socially meaningful differences among and between individuals, groups, communities, culture, and societies. As an empirical measure, diversity is neither a positive or negative attribute† (p. 5). Canada is made up of a variety of minorities, but since the queer community is a â€Å"non-visible† minorities, there is very little research on the number of individuals who identify with this community, the demographic distribution, the degree of discriminationRead MoreDeconstruction Of Online Realities : Why They Censored And Western Philosophy Of Ethics1330 Words   |  6 Pagesof science and the arts. Where people w ho are free and no pre judgement. In Canada implementation of the Freedom of Speech is usually associated with the lack of censorship. According to Dominique Clement, a Canadian professor in Alberta, â€Å"(censorship) Limits on speech were incorporated in the criminal code in relation to treason, sedition, blasphemous and defamatory libel, disruption of religious worship, hate propaganda, spreading false news, public mischief, obscenity, indecency and other forms†Read MoreCanadian Charter Of Rights And Freedoms3207 Words   |  13 PagesIn 1985, Canada implemented the Canadian Charter of Rights and Freedoms. Under Section 15 of the Charter, all Canadians regardless of their (1)â€Å"race, national or ethnic origin, colour, religion, sex, age or mental or physical disability† were officially given the right to be protected by the law, and benefit from the law without discrimination. The Charter of Rights and Freedoms (2)â€Å"reflect the fondest dreams, the highest hopes and the finest aspirations of Canadian Society† and although â€Å"SexualRead MoreThe Canadian Charter of Rights and Freedoms Essay2466 Words   |  10 PagesThe Canadian Charter of Rights and Freedoms was signed into law by Queen Elizabeth II April 17, 1982. Often referred to as the Charter, it affirms the rights and freedoms of Canadians in the Constitution of Canada. The Charter encompasses fundamental freedoms, democratic rights, mobility rights, legal rights, language rights and equality rights. The primary function of the Charter is to act as a regulatory check between Federal, Provincial and Territorial governments and the Canadian people. Being