The Anti-terrorism Act

ANTI-HATE PROVISIONS
IN THE CRIMINAL CODE AND
THE CANADIAN HUMAN RIGHTS ACT

The Anti-terrorism Act included amendments to the Criminal Code adding section 320.1 and section 430(4.1) to the Criminal Code and adding subsection13(2) to the Canadian Human Rights Act.

These measures were needed to protect from hatred those who have become vulnerable because they belong to a group distinguished by factors such as religion, race, national or ethnic origin. They recognize that fighting terrorism also requires fighting hate speech and intolerance against specific ethnic or religious groups in our society. By creating these crimes, Canada has attacked a root cause of violence, which is one of the objectives of Canada's anti-terrorism plan.

Criminal Code

Mischief

Section 430(4.1) of the Criminal Code created an offence of mischief motivated by bias, prejudice or hate based on religion, race, colour or national or ethnic origin, committed in relation to property that is a place of religious worship or an object associated with religious worship located in or on the grounds of such a building or structure, including cemeteries.

When directed against religious property, the impact of mischief is not so much the physical damage to the property as to the message conveyed by the damage or destruction.

If the crime is prosecuted as an indictable offence, the maximum punishment that can be imposed is imprisonment for a term not exceeding 10 years. If the crime is prosecuted as a summary conviction offence, the maximum punishment that can be imposed is a term of imprisonment not exceeding 18 months. (subsection 430(4.1))

Hate Propaganda

Section 320.1 of the Criminal Code allows the courts to order the deletion of publicly available on-line hate propaganda from computer systems when it is stored on a server that is within the jurisdiction of the court.  

The provision applies to hate propaganda that is located on Canadian computer systems, regardless of where the owner of the material is located, or whether he or she can be identified. Individuals who post the material have an opportunity to be heard before the judge decides to order the deletion of the material.

This provision allows hate messages appearing on the Internet to be deleted regardless of who posted the messages. It parallels, in the computer world, section 320 of the Criminal Code that allows for the forfeiture of copies held for sale or distribution, of any publication found by the courts to be hate propaganda. These provisions bolster pre-existing Criminal Code provisions dealing with hate crime.

Canadian Human Rights Act

The Canadian Human Rights Act prohibits the spreading of hate messages that would expose a person or group to hatred or contempt because of that individual's identification with a prohibited ground of discrimination. The Bill C-36 amendment to the Canadian Human Rights Act clarified that the prohibition against spreading repeated hate messages by telephonic communications included all telecommunications technologies. This amendment was necessary to include computer communications, including Internet sites.

In addition to any other penalty, persons found responsible for these messages can be required to cease and desist from this practice.

Updated to April 1, 2008.