Charges Defended > Hate Crimes
While the American media constantly reminds us of that country’s citizens’ inalienable rights of “freedom of speech” and “freedom of expression”, the misconception among Canadians that we enjoy that same particular freedoms has on more than one occasion presented severe consequences. The law in Canada is different. Our Criminal Code has criminalized certain forms of speech that qualify as “hate speech” – advocating genocide, the willful promotion of hatred, and the public incitement of hatred. The penalties for these offenses can be severe and can include, in certain situations, imprisonment for up to five years.
Under the law, know that you may have several valid defenses to one of these charges, including with some limitations, your own belief in the truth of what was said. Entering a plea of guilty to a “hate crime” can have profoundly serious consequences. The fact remains that unless you fight the charge, you will be left with a criminal record and will have to face the potential consequences for your work, your family, your reputation, and at worst, your freedom. If you or a friend or family member have been charged with a hate crime, contact a criminal lawyer defending these charges in the Toronto area at 416.877.LAW1 (5291). Your first consultation is always free.
What is Advocating genocide under the Criminal Code?
Under Section 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, ethnic origin or sexual orientation.
What is Public incitement of hatred under the Criminal Code?
Under Section 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.
What is Wilful promotion of hatred under the Criminal Code?
Under subsection (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.
Are there any Defences are available to the Wilful promotion of hatred?
Yes. Under subsection (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, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text; (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.
Where can I find out more information about hate crime charges?
Researching past cases is a helpful way to gain a better understanding of the charge you are facing and understanding some of the issues involved in defending the charges. You can click on the following cases to read about specific issues involving hate crimes. While researching your charge on the internet may be helpful, there is no substitute for speaking with a criminal lawyer. These cases have been reproduced here from the Canadian Legal Information Institute (CanLII) under their respective terms of use.
