Bill C-288

1st Session, 41st Parliament,

60 Elizabeth II, 2011

house of commons of canada

BILL C-288

An Act respecting the National Flag of Canada

Whereas the Canadian flag is the symbol of the nation’s unity;

Whereas the Canadian flag represents the principles of freedom, democracy, courage, and justice upon which our great nation is based;

Whereas the Canadian flag represents all the citizens of Canada;

Whereas the Canadian flag represents pride in our great nation and support for those who have sacrificed their lives for it;

And whereas it is in the national and public interest not to prevent a person from displaying the National Flag;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the National Flag of Canada Act.

PROHIBITION

2. It is prohibited for any person to prevent the displaying of the National Flag of Canada, provided that

(a) the flag is displayed in a manner befitting this national symbol;

(b) the display is not for an improper purpose or use; and

(c) the flag is not subjected to desecration.

ENFORCEMENT

3. (1) If, in the opinion of the Attorney General of Canada, it appears that any person has engaged, is engaged or is about to engage in any act or practice in contravention of this Act, the Attorney General of Canada may commence proceedings in any superior court of competent jurisdiction to enjoin such act or practice.

(2) The court before which proceedings are commenced and maintained under this section may

(a) grant a temporary restraining order or an interlocutory injunction;

(b) order any person to comply with a provision of this Act; and

(c) make such other order as may be deemed necessary to effect compliance with this Act.

(3) The court before which proceedings are commenced and maintained under this section may punish any person who contravenes or fails to comply with a restraining order, injunction or other order granted or made by the court under this section by a fine in the discretion of the court or by imprisonment for a term not exceeding two years.