The Nizkor Project: Remembering the Holocaust (Shoah)

Shofar FTP Archive File: documents/Canadian/criminal-code.319


... / 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 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

(5) Subsections 199(6) and (7) apply with such modifications as the
circumstances require to section 318 or subsection (1) or (2) of this

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

(7) In this section,

     includes communicating by telephone, 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 a right or by
     invitation, express or implied;
     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.]


Note: Although at some of this section infringes the right to freedom of
expression, as guaranteed by section 2(b) of the 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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