This 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.

Preamble

Whereas 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:

Promotion of hatred or violence — visual representations

(2.‍1) Everyone 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 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.

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Defences

(3) No person shall be convicted of an offence under subsection (2) Insertion start or (2.‍1) Insertion end

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  (e) 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; or

• (f) if, 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.

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Forfeiture

(4)  Insertion start If Insertion end a person is convicted of an offence under section 318 or subsection (1), (2) or Insertion start (2.‍1) Insertion end of this section, anything by means of or in relation to which the offence was committed, on Insertion start the Insertion end 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 Insertion start any Insertion end modifications Insertion start that Insertion end the circumstances require to section 318 or subsection (1), (2) or Insertion start (2.‍1) Insertion end of this section.

Consent

(6) No proceeding for an offence under subsection (2) Insertion start or (2.‍1) Insertion end shall be instituted without the consent of the Attorney General.