An Act to amend the Criminal Code (hate propaganda)

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See also: An Act to amend the Criminal Code
An Act to amend the Criminal Code (hate propaganda)
Centre Block of the Parliament of Canada buildings, with the Peace Tower and Canadian flag flying
Parliament of Canada
CitationSC 2004, c. 14
Passed byHouse of Commons
PassedSeptember 17, 2003
Passed bySenate
PassedApril 28, 2004
Royal assentApril 29, 2004
CommencedApril 29, 2004
Legislative history
First chamber: House of Commons
Bill titleBill C-415, 37th Parliament, 1st Session
Bill C-250, 37th Parliament, 2nd and 3rd Sessions
Introduced bySvend Robinson
First readingNovember 22, 2001
Second readingOctober 24, 2002
Considered in committeeMay 27, 2003
Third readingSeptember 17, 2003
Second chamber: Senate
Member(s) in chargeSerge Joyal
First readingFebruary 3, 2004
Second readingFebruary 5, 2004
Considered in committeeMarch 25, 2004
Third readingApril 28, 2004
Related legislation
Criminal Code, RSC 1985, c. C-46
Summary
Adds sexual orientation to offences of hate propaganda and advocating genocide
Status: In force

An Act to amend the Criminal Code (hate propaganda), (French: Loi modifiant le Code criminel (propagande haineuse), also known as Bill C-250 during the second and third sessions of the 37th Canadian parliament) is an Act of the Parliament of Canada to amend the Criminal Code. It added 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. It originated in a Private Member's Bill introduced by Svend Robinson, a member of the opposition.

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. The Act expanded coverage of these existing provisions to include groups identifiable on the basis of sexual orientation. The Act 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.

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 reciting 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 of the law however, have expressed concern the courts will abrogate the religious loophole because "good faith" is not clearly defined.

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 reintroduced in the 37th Parliament, 3rd Session, passing both the Senate on April 28, 2004. Royal Assent was granted on April 29, 2004.

September 17, 2003 vote in the House of Commons of Canada (3rd Reading)[1]
Party Voted for Voted against Present (Speaker of the House) Absent (Did Not Vote)
 G  Liberal Party of Canada (Parti libéral du Canada) (Grits)
92
41
1
37
  Canadian Alliance (Alliance canadienne) -
62
 -
1
  Bloc Québécois (BQ)
27
 - -
6
  New Democratic Party (Nouveau Parti démocratique) (NDP)
14
 - - -
  Progressive Conservative Party of Canada (Parti progressiste-conservateur du Canada) (PC)
7
7
 -
1
  Independent
1
 - -
3
Total 141 110 1 48 (5 Pairs)
April 28, 2004 vote in the Senate of Canada (3rd Reading)[2]
Party Voted for Voted against Abstained Present (Speaker of the Senate) (chose not to vote) Absent (Did Not Vote)
 G  Liberal Party of Canada (Parti libéral du Canada) (Grits)
49
3
 -
1
12
  Conservative Party of Canada (Parti conservateur du Canada) (Tories)
5
6
3
 -
11
  Independent
2
2
 - -
2
  Progressive Conservative Party of Canada (Parti progressiste-conservateur du Canada) (PC)a
3
 - - - -
Total 59 11 3 1 25
a. These senators have decided against joining the Conservative Party of Canada and have chosen to sit in the Senate as 'Progressive Conservatives' (with Mira Spivak briefly joining the Conservative caucus before becoming an Independent).

References

  1. ^ "37th Parliament, 2nd Session (Edited Hansard - Number 121) - Wednesday, September 17, 2003 (Criminal Code: Bill to Amend — Third Reading)". Parliament of Canada. September 17, 2003. Retrieved February 3, 2017.
  2. ^ "Debates of the Senate (Hansard) (3rd Session, 37th Parliament, Volume 141, Issue 34) - Wednesday, April 28, 2004 (Criminal Code: Bill to Amend — Third Reading)". Parliament of Canada. April 28, 2004. Retrieved February 3, 2017.

External links

Retrieved from "https://mdwiki.org/wiki/An_Act_to_amend_the_Criminal_Code_(hate_propaganda)"