Bill C-250 (37th Canadian Parliament, 2nd Session)

An Act to amend the Criminal Code (hate propaganda), popularly known as Bill C-250, its title during the second and third sessions of the 37th Canadian parliament, was a Canadian Private Member's Bill that amended the Criminal Code of Canada to add penalties for publicly inciting hatred against or encouraging the genocide of people on the basis of sexual orientation and added a defence for the expression of good-faith opinions based on religious texts.

Content

Prior to this amendment, the Criminal Code prohibited the promotion of genocide and the public incitement of hatred against groups identifiable by colour, race, religion, and ethnic origin; C-250 expanded coverage of these existing provisions to include groups identifiable on the basis of sexual orientation. The bill also expanded one of the defences available to persons charged with the incitement of hatred, allowing for the expression of good-faith opinions based on religious texts, in addition to the preexisting defence allowing the good-faith expression of opinions on religious subjects.

Legislative history

C-250 was first introduced in 2001 into the 37th Parliament, 1st Session as Bill C-415 by New Democratic MP Svend Robinson. Following the end of that session, the bill was reintroduced as C-250 in the 37th Parliament, 2nd Session. It passed the House of Commons on September 17, 2003, but was not passed by the Senate before the end of the session. The bill was again reintroduced in the 37th Parliament, 3rd Session, passing both the House and Senate. Royal Assent was granted on April 29, 2004.

As with all Canadian legislation, this act has equal force in French in which it is called La Loi modifiant le Code criminel (propagande haineuse).

Religious freedom concerns

Critics of the bill claimed that it would prohibit the preaching of various scripture condemning homosexuality, while supporters pointed out that the bill added an explicit defence against any charge of incitement of hatred for opinions expressed in good faith based on religious texts. Critics have expressed concern that courts will close the religious loophole since the exemption only applies if a person expresses his religious opinion “in good faith” as well as how exactly "in good faith" is defined.

Criminal Code text

The Criminal Code, as amended, now includes the following provisions:

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.

(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...

(4) In this section, "identifiable group" means any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation.

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.

(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.

(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...

(7) In this section,

• "communicating" includes communicating by telephone, broadcasting or other audible or visible means;
• "identifiable group" has the same meaning as in section 318;
• "public place" includes any place to which the public have access as of right or by invitation, express or implied;
• "statements" includes words spoken or written or recorded electronically or electro-magnetically or otherwise, and gestures, signs or other visible representations.

External links

• Text of Bill C-250, in English and French
• Criminal Code, sec 318
• Criminal Code, sec 319
• Criminal Code, sec 320
• Criminal Code, sec 320.1