The Nizkor Project: Remembering the Holocaust (Shoah)

Shofar FTP Archive File: places/canada/legal/c318-c320



CRIMINAL CODE (CANADA)
 
Hate Propaganda -- ss. 318 to 320
 
Advocating genocide -- s. 318(1)

 318. (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.

Definition of "genocide" -- s. 318(2)

 (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.
 Consent -- s. 318(3)

 (3) No proceeding for an offence under this section shall be instituted 
 without the consent of the Attorney General.
 Definition of "identifiable group" -- s. 318(4)

 (4) In this section, "identifiable group" means any section of the public 
 distinguished by colour, race, religion or ethnic origin.
 R.S., c. 11(1st Supp.), s. 1.

Public incitement of hatred -- s. 319(1)

319. (1) Every one who, by communicating statements in any public place, 
 incites hatred against any identifiable group where such incitement is 
 likely to lead to a breach of the peace 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.

Wilful promotion of hatred -- s. 319(2)

 (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 offence and is liable to imprisonment for a term not 
 exceeding two years; or

 (b) an offence punishable on summary conviction.
 Defences -- s. 319(3)

 (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.

Forfeiture -- s. 319(4)

 (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 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.

Exemption from seizure of communication facilities -- s. 319(5)

 (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.

Consent -- s. 319(6)

 (6) No proceeding for an offence under subsection (2) shall be instituted 
 without the consent of the Attorney General.
 Definitions -- s. 319(7)

 (7) In this section,

 "communicating"
 "communicating" includes communicating by telephone, broadcasting or other 
 audible or visible means;

 "identifiable group"
 "identifiable group" has the same meaning as in section 318;

 "public place"
 "public place" includes any place to which the public have access as of 
 right or by invitation, express or implied;

 "statements"
 "statements" includes words spoken or written or recorded electronically or 
 electro-magnetically or otherwise, and gestures, signs or other visible 
 representations.
 R.S., c. 11 (1st Supp.), s. 1; R.S., 1985, c. 27 (1st Supp.), s. 203.
 Warrant of seizure -- s. 320(1)

320. (1) A judge who is satisfied by information on oath that there are 
 reasonable grounds for believing that any publication, copies of which are 
 kept for sale or distribution in premises within the jurisdiction of the 
 court, is hate propaganda shall issue a warrant under his hand authorizing 
 seizure of the copies.
 Summons to occupier -- s. 320(2)

 (2) Within seven days of the issue of a warrant under subsection (1), the 
 judge shall issue a summons to the occupier of the premises requiring him to 
 appear before the court and show cause why the matter seized should not be 
 forfeited to Her Majesty.
 Owner and author may appear -- s. 320(3)

 (3) The owner and the author of the matter seized under subsection (1) and 
 alleged to be hate propaganda may appear and be represented in the 
 proceedings in order to oppose the making of an order for the forfeiture of 
 the matter.

Order of forfeiture -- s. 320(4)

 (4) If the court is satisfied that the publication referred to in subsection 
 (1) is hate propaganda, it shall make an order declaring the matter 
 forfeited to Her Majesty in right of the province in which the proceedings 
 take place, for disposal as the Attorney General may direct.
 Disposal of matter -- s. 320(5)

 (5) If the court is not satisfied that the publication referred to in 
 subsection (1) is hate propaganda, it shall order that the matter be 
 restored to the person from whom it was seized forthwith after the time for 
 final appeal has expired.
 Appeal -- s. 320(6)

 (6) An appeal lies from an order made under subsection (4) or (5) by any 
 person who appeared in the proceedings

 (a) on any ground of appeal that involves a question of law alone,

 (b) on any ground of appeal that involves a question of fact alone, or

 (c) on any ground of appeal that involves a question of mixed law and fact, 
 as if it were an appeal against conviction or against a judgment or verdict 
 of acquittal, as the case may be, on a question of law alone under Part XXI, 
 and sections 673 to 696 apply with such modifications as the circumstances 
 require.

Consent -- s. 320(7)

 (7) No proceeding under this section shall be instituted without the consent 
 of the Attorney General.

Definitions -- s. 320(8)

 (8) In this section,
 "court"
 "court" means

 (a) in the Province of Quebec, the Court of Quebec,

 (a.1) in the Province of Ontario, the Ontario Court (General Division),

 (b) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, 
 the Court of Queen's Bench,

 (c) in the Provinces of Prince Edward Island and Newfoundland, the Supreme 
 Court, Trial Division, and

 (c.1) [Repealed 1992, c. 51, s. 36]

 (d) in the Provinces of Nova Scotia and British Columbia, the Yukon 
 Territory and the Northwest Territories, the Supreme Court;
 
 "genocide"

 "genocide" has the same meaning as in section 318;

 "hate propaganda"

 "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;

 "judge"
 "judge" means a judge of a court.
 R.S., 1985, c. C-46, s. 320; R.S., 1985, c. 27 (2nd Supp.), s. 10, c. 40 
 (4th Supp.), s. 2; 1990, c. 16, s. 4, c. 17, s. 11; 1992, c. 1, s. 58; 1992, 
 c. 51, s. 36.
 
 

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