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Date and Time: Sunday, February 8, 2004, 10:43 PST
Host address: 142.22.16.53 []
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From:
anonymous
email
nobody@example.com
Message:
Whoops! I'm sorry but I think I posted my message on your
order page. Just in case you don't get it I'm posting it here too...
I hope you're planning to write an article about how the laws of
Canada may be one of the reasons why the government didn't join US President
George Bush Jr. in the war on Iraq. It appears that because Bush Jr.
didn't have proof to justify the war, any participation would then be a
violation of section 319 of the Hate Propoganda Regulations in Canada (I've
included unmodified copies of sections 318 and 319 below; one of section 319's
key definitions refers to section 318).
PS: I'm not a lawyer so I may be missing something, but if I'm right
then I'll be very happy to know that our politicians regarded the law as being
more important than a religious war.
Hate Propaganda
Advocating genocide
318. (1) Every one who advocates or promotes genocide is guilty of
an indictable offence and liable to imprisonment for a term not exceeding five
years.
Definition of "genocide"
(2) In this section, "genocide" means any of the following acts
committed with intent to destroy in whole or in part any identifiable group,
namely,
(a) killing members of the group; or
(b) deliberately inflicting on the group conditions of life
calculated to bring about its physical destruction.
Consent
(3) No proceeding for an offence under this section shall be
instituted without the consent of the Attorney General.
Definition of "identifiable group"
(4) In this section, "identifiable group" means any section of the
public distinguished by colour, race, religion or ethnic origin.
R.S., c. 11(1st Supp.), s. 1.
Public incitement of hatred
319. (1) Every one who, by communicating statements in any public
place, incites hatred against any identifiable group where such incitement is
likely to lead to a breach of the peace 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.
Wilful promotion of hatred
(2) Every one who, by communicating statements, other than in
private conversation, wilfully promotes hatred against any 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.
Defences
(3) No person shall be convicted of an offence under subsection
(2)
(a) if he establishes that the statements communicated were
true;
(b) if, in good faith, he expressed or attempted to establish by
argument an opinion on a religious subject;
(c) if the statements were relevant to any subject of public
interest, the discussion of which was for the public benefit, and if on
reasonable grounds he believed them to be true; or
(d) if, in good faith, he intended to point out, for the purpose of
removal, matters producing or tending to produce feelings of hatred toward an
identifiable group in Canada.
Forfeiture
(4) Where a person is convicted of an offence under section 318 or
subsection (1) or (2) of this section, anything by means of or in relation to
which the offence was committed, on such 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 such modifications as the
circumstances require to section 318 or subsection (1) or (2) of this
section.
Consent
(6) No proceeding for an offence under subsection (2) shall be
instituted without the consent of the Attorney General.
Definitions
(7) In this section,
"communicating" «communiquer»
"communicating" includes communicating by telephone, broadcasting or
other audible or visible means;
"identifiable group" «groupe identifiable»
"identifiable group" has the same meaning as in section 318;
"public place" «endroit public»
"public place" includes any place to which the public have access as
of right or by invitation, express or implied;
"statements" «déclarations»
"statements" includes words spoken or written or recorded
electronically or electro-magnetically or otherwise, and gestures, signs or
other visible representations.
R.S., 1985, c. C-46, s. 319; R.S., 1985, c. 27 (1st Supp.), s.
203.