NCJ Number
103443
Date Published
1986
Length
59 pages
Annotation
An examination of the current Canadian criminal law related to hate propaganda proposes that hate offenses be placed in a new criminal code section on offenses against society.
Abstract
The current law contains four offenses that deal with hate propaganda: advocating genocide, public incitement of hatred, willful promotion of hatred, and spreading false news. The current law is vague and has flaws in organization, form, and style. Freedom of expression is a fundamental right that must be protected, but certain limitations are needed. Hate propaganda crimes must be defined restrictively to avoid unreasonable infringement on freedom of expression. The proposed definitions ensure that the criminal law applies only to the most serious kinds of hatred aimed at particularly vulnerable groups. Thus, the law would prohibit hatred directed at people on the basis of their race, national or ethnic origin, color, religion, sex, age, or mental or physical disability. The law's current section on publishing false news should be abolished and replaced with a section that could not be used to prosecute hatemongers. Footnotes and 140 references.