C-31324369-70Elizabeth II2020-2021An Act to amend the Criminal Code (banning symbols of hate)An Act to amend the Criminal Code (banning symbols of hate)20216
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Mr. Julian432144SUMMARYThis enactment amends the Criminal Code to broaden the provisions relating to hate propaganda by making it an offence to publicly display visual representations that promote or incite hatred or violence against an identifiable group. PreambleWhereas Parliament recognizes the importance of preventing all forms of hatred or violence against any group that is distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability;Whereas Parliament acknowledges past atrocities and violence committed against such groups by persons or organizations whose symbols, emblems, flags and uniforms continue to this day to be used to promote or incite hatred and violence against these groups;And whereas it is in the interest of all Canadians to prevent the display or sale of symbols or emblems such as the Nazi swastika and the Ku Klux Klan’s insignia, flags such as the standards of Germany between the years 1933 to 1945 and those of the Confederate States of America between the years 1861 to 1865 and uniforms, including the German and Confederate States of America military dress of those periods, as well as the hoods and robes of the Ku Klux Klan;Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort titleThis Act may be cited as the Banning Symbols of Hate Act.R.S., c. C-46Criminal CodeSection 319 of the Criminal Code is amended by adding the following after subsection (2):Promotion of hatred or violence — visual representationsEveryone who, wilfully or recklessly, promotes or incites hatred or violence against any identifiable group by publicly displaying, selling or offering for sale a symbol, emblem, flag or uniform that identifies, or is associated with, a person or organization that promotes or incites, or has promoted or incited, hatred or violence against an identifiable group, is guilty ofan indictable offence and is liable to imprisonment for a term not exceeding two years; oran offence punishable on summary conviction.The portion of subsection 319(3) of the Act before paragraph (a) is replaced by the following:DefencesNo person shall be convicted of an offence under subsection (2) or (2.1)Subsection 319(3) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (d):if, in good faith, the person publicly displayed the symbol, emblem, flag or uniform because it was relevant to a subject of public interest, including for educational purposes or accurate depiction in a film, and if on reasonable grounds the person believed the display to be proper and for the public benefit; orif, in good faith, the person displayed the symbol, emblem, flag or uniform for the purpose of their removal from public places on the grounds that they produce or tend to produce feelings of hatred — or incite or tend to incite acts of violence — against an identifiable group.Subsections 319(4) to (6) of the Act are replaced by the following:ForfeitureIf a person is convicted of an offence under section 318 or subsection (1), (2) or (2.1) of this section, anything by means of or in relation to which the offence was committed, on the 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 facilitiesSubsections 199(6) and (7) apply with any modifications that the circumstances require to section 318 or subsection (1), (2) or (2.1) of this section.ConsentNo proceeding for an offence under subsection (2) or (2.1) shall be instituted without the consent of the Attorney General.