The Mudcat Café TM
Thread #112062 Message #2377802
Posted By: Q (Frank Staplin)
30-Jun-08 - 06:19 PM
Thread Name: BS: Free speech, eh?
Subject: RE: BS: Free speech, eh?
I don't agree with it, but here is a summary of hate provisions in the Criminal Code of Canada
""Hate" is defined as a crime under two parts of Canada's Criminal Code: sections 318 and 319. To convict anyone under the code, very specific proof is required: both of the criminal act itself, and of the intention or motivation to commit the crime. It isn't enough that someone has said something hateful or untrue; the courts will only find someone guilty if they contravened the code exactly, and if they did it deliberately.
"In most cases, hate propaganda communicated through the internet is an offence under the Criminal Code. Amendments to the Code, made under the Anti-Terrorism Act in December 2001, further clarify measures and offences regarding Internet hate crimes.
Section 319: Advocating Genocide.
...defined as supporting or arguing for the killing of members of an "identifiable group"- persons distinguished by their colour, race, religion or ethnic origin. ... imprisonment up to 5 years, deportation.
Section 319(1): Public Incitement of Hatred
"To contravene the Code, a person must:
-in a public place,
-incite hatred against an identifiable group,
-in such a way that there will likely be a breach of the peace.
"Under section 319, "communicating" includes communicating by telephone, broadcasting..., statements means words (spoken, written or recorded), gestures and signs or other visible representations.
Canada's Bil C-250 amended the Hate Crimes Act to include sexual orientation.
Indian leader Ahenakew was convicted for telling a reporter that Jews were a "disease," but the conviction was overturned (2002) and a new trial ordered. It is doubtful that the trial will take place.
In British Columbia, a Catholic city councilor has been ordered to pay $1000 fine because he said a homosexual's lifestyle was "not normal and not natural."
The Code, originally proposed to punish hate crimes and anti-holocaust talk, is now being applied to all sorts of statements.
The holocaust denier, 83 year-old Eric Zundel, was deported from Canada after a conviction for racism, and sentenced to five years in prison in Germany.