HATE CRIME SERIES – 4

AN OUTLINE OF THE BASIC CRIMINAL CODE OF CANADA HATE CRIME LAWS

The Criminal Code of Canada – Hate Crime Laws 

In Canada the legal definition of hate crime can be found based in sections 318 and 319 of the Criminal Code of Canada. All types of hate/bias motivated crimes are those forms of expression that (1) fit within the parameters of genocide/hate propaganda in sections 318 and 319 of the Criminal Code; and (2) All other criminal offences where there is evidence to indicate bias, prejudice or hate was a motivating factor in the commission of the offences.

Thus, the Criminal Code of Canada defines hate/bias crime as “A criminal offence committed against a person or property, where there is evidence that the offence was motivated by bias, prejudice or hate, based on the victim’s race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor”.

Now, here in its entirety is Section 318 Read and heed.    

Advocating Genocide / Definition of “hate propaganda” / Consent / Definition of “identifiable group”.

  1. (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.

(3) No proceeding for an offence under this section shall be instituted without the consent of the Attorney General.

(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.]

And here in its entirety is Section 319 Read and heed.    

Public Incitement of Hatred… / Willful promotion of hatred / Defenses / Forfeiture / Exemption from seizure of communication facilities / Consent / Definitions / “communicating” / “identifiable group” / “public place” / “statements”.

  1. (1)Every one who, by communicating statements in a public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace if 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 and 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, 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.

(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 convictions, 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.

(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.

(6) No proceeding for an offence under subsection (2) shall be instituted without the consent of the Attorney General.

(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 a right or by invitation, express or implied;

“statements”

includes words spoken or written or recorded electronically or electromagnetically or otherwise, and gestures, signs or other visible representations. [R.S., c.11 (1st Supp.), s.1.]

Note: Although at some of this section infringes the right to freedom of expression, as guaranteed by section 2(b) of the Charter of Rights and Freedoms , it has been ruled that it constitutes a reasonable limit on that right and is therefore valid legislation: R. v. Keegstra (1991), 63 C.C.C. (3d) 110, [1991] 4 W.W.R. 136, 79 Alta. L.R. (2d) 97 (C.A.).

And you should pay attention to this particular amendment. In 1996 the federal government amended a section of the Criminal Code that pertains to Sentencing. Specifically, section 718.2. The section states with regard to the hate crime:

A court that imposes a sentence shall also take into consideration the following principles:

(a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing,

(i) evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor, . . . shall be deemed to be aggravating circumstances.”

Religion, sexual orientation and race have been the predominant motivation factors for hate/bias crimes over the past ten years. In 2015, the most prevalent hate/bias occurrences were for the offences of mischief to property, assault and criminal harassment.  Assault and criminal harassment occurrences were considered as being actions that were unprovoked by the victims.  As in past years, these kinds of offences occurred in a variety of different locations such as dwellings, public park/streets, schools and public transportation.  But the matter of Accused / Suspect Identification remains problematic.

Accused/suspect information is typically provided by victims, witnesses, audio/video security cameras and forensic evidence.  Forensic Identification Unit plays a significant role in collecting physical evidence such as DNA and fingerprints at crime scenes.  Service Procedures normally requires all police officers investigating a hate/bias crime to protect the scene and secure all relevant evidence including items such as posters, graffiti, recordings and clothing for forensic examination.  Furthermore, officers are required to photograph the scene where or when evidence cannot be readily detached or retrieved.

IT IS OFTEN VERY DIFFICULT TO IDENTIFY SUSPECTS, as many hate/bias crimes occur without any witnesses’ present.  Moreover, many hate/bias crimes occur without the victim present, as in the case of hate motivated graffiti or mischief. 

 IT IS NOT VERY DIFFICULT TO IDENTIFY SUSPECTS GUILTY OF DESTROYING THE NATION OF CANADA through their ‘wicked witch of the West style wisdom.’

It is such wisdom that Justin Trudeau’s Crew of Rabid Islamic Feminists continue to employ,  ensuring that Blood Shall Flow In Canada as posted on February 11, 2018   And, it is his rotted garbage that must be totally eradicated from the Canadian political venue. It is a righteous action with God that this take place.

Phinehas

Galatians 4:16    Am I therefore become your enemy, because I tell you the truth?

 

 

 

 

 

 

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