SELECTED CASE LAW
QUEBEC:
In 2016 QCCQ 6762, Mr. R was charged with inciting hatred against an identifiable group and uttering threats to cause death or bodily harms to ethnic groups for comments he made against Muslims on a Facebook discussion forum, including comments about killing Muslims. Mr. R claimed he had not understood his statements and had copied them from elsewhere. However, the judge dismissed this claim and examined the speech objectively in the circumstances and found that Mr. R repeatedly and persistently made his violent and racist statements, which were clearly against Muslims, and convicted him of the offence. He was acquit-ted of uttering death threat because the court could not conclude beyond a reasonable doubt that the accused intended to intimidate or arouse fear, stating, “His comments tend to insinuate and persistently share a perception characterized by detestation, but they do not reflect a wish to sow fear and intimidate.”[1]
[1] 2007 QCCQ 384 at para 70.
Criminal Offence(s): Hate Propaganda