An Act to amend the Criminal Code (hate propaganda)
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.
| An Act to amend the Criminal Code (hate propaganda) | |
|---|---|
 | |
| Parliament of Canada | |
| Citation | SC 2004, c. 14 |
| Passed by | House of Commons |
| Passed | September 17, 2003 |
| Passed by | Senate |
| Passed | April 28, 2004 |
| Royal assent | April 29, 2004 |
| Commenced | April 29, 2004 |
| Legislative history | |
| First chamber: House of Commons | |
| Bill title | Bill C-415, 37th Parliament, 1st Session Bill C-250, 37th Parliament, 2nd and 3rd Sessions |
| Introduced by | Svend Robinson |
| First reading | November 22, 2001 |
| Second reading | October 24, 2002 |
| Considered in committee | May 27, 2003 |
| Third reading | September 17, 2003 |
| Second chamber: Senate | |
| Member in charge | Serge Joyal |
| First reading | February 3, 2004 |
| Second reading | February 5, 2004 |
| Considered in committee | March 25, 2004 |
| Third reading | April 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 | |
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.
References
- "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.
- "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.