Staff Sgt. Jerry Nutbrown brings you behind the scenes with pieces about police work and how it’s done in our community. If you have a question you think needs to be answered, send it to admin@borderpulse.ca and we will be sure to share it with him.
The creation of laws is quite often in response to actions that have been taken by people, and then those laws address the actions. As we have entered the digital age somewhat recently, there are newer laws governing areas of the digital world.
Human Rights get amended to add various specific areas of protection that had begun to be attacked. These are then added to the list of protected human rights, and if these new areas weren’t being attacked, they likely wouldn’t be added to the protected list.
Offenses related to hate are somewhat new and are a reaction to actions taken by people targeting identifiable people or groups. Unfortunately, there are people who think that Canada echoes the US free speech laws, which is likely due to the US media and U.S.-based entertainment. I say entertainment because many Canadians believe that what they see on U.S. TV shows applies in Canada.
Section 318 in the Criminal Code makes it an offense to advocate genocide. Genocide means acts committed with the intent to destroy, in whole or in part, any identifiable group, namely, killing members of the group or deliberately inflicting conditions of life calculated to bring about their physical destruction. The easy example is the Holocaust.
Section 319 in the Criminal Code addresses public incitement of hatred and makes that an offense. Essentially, if it is deemed ‘hate speech’ it is a criminal offense. This is a longer section which I will not be able to completely get into here. However, there are limits to speech in Canada contrary to what some believe.
Section 319 also addresses communicating statements in any public place inciting hatred against any identifiable group where such incitement is likely to lead to a breach of the peace. In addition, section 319 makes it an offense to communicate statements, other than in private conversation, that willfully promotes antisemitism by condoning, denying or downplaying the Holocaust.
An identifiable group is defined as any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression or mental or physical disability.
Communicating is further explained, including by telephone, broadcasting or other audible or visible means. Statements are defined to include words spoken or written or recorded electronically or electromagnetically or otherwise and gestures, signs or other visible representations.
These offenses can proceed by way of indictment or summary, which carry different sentencing limitations. Summary is seen as less serious, and indictment is more serious, and I will explain these in a future article.
As with many laws that make doing something illegal, there are many factors that have to be considered in effecting an arrest and then the possibility of laying a charge. In the case with the above, certain charges can only be laid after receiving consent from the Attorney General.
My intent here is to show that there are hate speech laws in effect in Canada, so people do need to be aware of what they say/display and where.
Read more: RCMP: No imminent threat in Lloydminster hate-crime firearms case
