Archive/File: orgs/canadian/canadian-jewish-congress/marches-to-modems/mtm-005-04 Last-Modified: 1997/03/30 5.5 Customs and Immigration One of the roles of Revenue Canada - Customs, Excise and Taxation is to administer the Customs' tariff, which prohibits the importation into Canada of material considered to be obscene, treasonable, seditious, hate propaganda, or child pornography as those terms are treated in the Criminal Code. Hate propaganda being imported into Canada can be detained and or seized by Canada Customs. Upon seizure, Canadian importers are advised in writing that the material has been examined and that importation is prohibited. The importer then has a right to appeal the decision, initially to a senior Customs officer and then to the applicable Deputy Minister. In practice, Revenue Canada - Customs, Excise and Taxation prints a list of material prohibited by the Importations Directorate every three months. Included in the list are numerous publications, including computer diskettes, magazines, audio and video tapes which are prohibited from importation to Canada based on their "hate propaganda" classification. Also any person, not only customs officials or police, may alert the Prohibited Importations Branch (of Canada Customs) of material being imported to Canada that may fall under the "hate propaganda" classification. Section 19 of the Immigration Act complements customs regulations by addressing indirectly the need to protect our borders from foreign citizens who come to Canada for the purpose of promoting hatred against identifiable groups (see Appendix J). Under section 19 there are two potential avenues available to bar hatemongers from Canada. The first possibility is bamng admission on the basis of a criminal record. In fact, a significant proportion of well known hatemongers outside of Canada have been convicted criminally either for their hate propaganda activities or other criminal offences recognized by both the foreign jurisdiction in which they were convicted and Canadian law. On such a basis, individuals can be barred from entering Canada. Individuals can also be barred from Canada if there are reasonable grounds to believe that they will commit one or more offences punishable by way of indictment under any Act of Parliament. For example, a well-known hatemonger from abroad, scheduled to appear in Toronto for a public address, could be barred from this country if there were reasonable grounds to believe the person would violate section 319 of the Criminal Code. (i.e. willful promotion of hatred against an identifiable group) while in Canada. The provisions included in section 319 of the Immigration Act have been used quite effectively in limiting extreme hatemongers' access to Canada. In recent years, individuals such as Holocaust denier David Irving, Khalid Abdul Muhammed (see Appendix D), Tom Metzger, and hate rock bands have been barred from the country. Deportation remains an option in the event such a person is able to initially evade immigration officials and gain entry into Canada.
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