Relevant section of Canada's Hate Crime Law
Section 319(1): Public Incitement of Hatred
The crime of "publicly inciting hatred" has four main elements. To contravene the Code, a person must:
* communicate statements,
* in a public place,
* incite hatred against an identifiable group,
* in such a way that there will likely be a breach of the peace.
Under section 319, "communicating" includes communicating by telephone, broadcasting or other audible or visible means; a "public place" is one to which the public has access by right or invitation, express or implied; and "statements" means words (spoken, written or recorded), gestures, and signs or other visible representations.
All the above elements must be proven for a court to find an accused guilty of either:
* an indictable offence, for which the punishment is imprisonment for a term not exceeding two years; or
* an offence punishable on summary conviction.
Section 319(2) defines the additional offence of communicating statements, other than in private conversation, that wilfully promote hatred against an identifiable group.
Section 319(3) identifies acceptable defences. Indicates that no person shall be convicted of an offence if the statements in question:
* are established to be true
* were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds it was believed to be true
* were expressed in good faith, it was attempted to establish by argument and opinion on a religious subject
* were expressed in good faith, it was intended to point out, for the purpose of removal, matters tending to produce feelings of hatred toward an identifiable group in Canada