OFFENCE ELEMENTS - HATE PROPAGANDA
Public incitement of hatred
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.
Willful promotion of hatred
(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
(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, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;
(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 Confiscation
(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
(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
(6) No proceeding for an offence under subsection (2) shall be instituted without the consent of the Attorney General.
Definitions
(7) In this section,
communicating 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 of right or by invitation, express or implied;
statements includes words spoken or written or recorded electronically or electro-magnetically or other-wise, and gestures, signs or other visible representations
SELECTED CASE LAW
TABLE OF CONTENTS:
ALBERTA:
2006 ABPC 360
BRITISH COLUMBIA:
2017 BCSC 551
2008 BCSC 215
[2002] 57 WCB (2d) 234 (BCPC)
ONTARIO:
2017 ONCJ 565
[2006] 72 WCB (2d) 128 (ONCA)
[2001] 52 WCB (2d) 128 (ONCA)
QUEBEC:
2016 QCCQ 6762
2013 QCCQ 4285
2007 QCCQ 384
SASKATCHEWAN:
2011 SKPC 47