We have hate laws in Canada FWIW
Status of bill C-250:
The bill was given royal assent by the Queen's representative in Canada on 2004-APR-29. It took immediate effect. It is now part of the legal code of Canada. Some propaganda directing hatred against persons of any sexual orientation, heterosexuals, homosexuals and/or bisexuals, is now a crime in Canada. Sexual orientation has now joined four other groups protected against hate speech on the basis of their "color, race, religion or ethnic origin." 1 However, a "not withstanding" clause allows hate speech if it is religiously motivated.
Status of free speech in Canada:
In the U.S., a person cannot legally yell "fire" in a crowded movie theatre. But they are free to say just about anything else without danger of criminal prosecution. For example, a conservative Christian teleminister in the early 1990s advocated the execution of all Wiccans in the U.S. More recently, a Baptist pastor from Texas advocated that the U.S. army round up Wiccans and burn them alive with napalm. Both clergy were immune from prosecution due to the U.S. Constitution's First Amendment which guarantees almost complete freedom of speech in the country. (We do not wish to overemphasize genocidal advocacy by conservative Christians. However, we are unaware of any other instances in North America where genocide has been actively advocated in recent years.)
Canadians do not have this degree of freedom of speech. Legislation in Canada follows the British tradition, as do laws in Australia and New Zealand and some other former colonies. In particular, citizens are not allowed to incite or promote hatred, advocate genocide or actually commit genocide against certain specified groups.
The Criminal Code of Canada: Hate Propaganda:
As of 2003-SEP-16, the "Hate Propaganda" section of the Criminal Code of Canada (Section 318 & 319) prohibited the expression of hatred against -- or the advocacy of genocide of -- four "identifiable groups:" people distinguished by their "color, race, religion or ethnic origin." 1 Curiously enough, sex, disability, and other criteria are not included. Apparently one can deliver a speech that "willfully promotes hatred" -- even one which "advocates or promotes genocide" -- against women or the disabled and enjoy immunity of prosecution under the law. Hatred against persons on the basis of their sexual orientation was not protected either. An individual could promote hatred or even advocate genocide against heterosexuals, bisexuals, or homosexuals with impunity, as long as the speech was directed at persons with a specific sexual orientation. Bill C-250 changed this when it was signed into law.
Who can be convicted under Section 319?
Section 318 deals with genocide. Section 319 deals with hate speech:
If it can be shown that the speech was so abusive that it was likely to incite listeners or readers into violent action against an identifiable group, and if the the speech was made in a public place, then a person could be convicted.
If the speech promoted hatred against an identifiable group, but was not likely to incite a listener to violence, then a person could still be convicted. However there are many safeguards that could give that person immunity. A person could not be convicted if: The hate speech was expressed during a private conversation.
If the person can establish that the statements made are true.
If, "in good faith, he expressed or attempted to establish by argument an opinion on a religious subject." This would give clergypersons immunity from conviction for a hate-based sermon, for example.
If the statements were relevant to any subject of public interest, and if, on reasonable grounds, the person believed them to be true. This would give additional protection for the clergy.
If he described material that might generate feelings of hatred for an identifiable group "for the purpose of removal" of that hatred.
If the provincial Attorney General refused to give permission. The Attorney General's consent is required before charges can be laid.. 1
In this section of the Code, the term "statements" includes spoken words, written words, published text, gestures, signs and other visible representations.
The Code permits up to two years in prison for anyone convicted of a hate crime. It permits the government to confiscate any literature that was used in conjunction with the hate speech.
Immunity from prosecution under the Criminal Code:
Two examples:
The Hugh Owen's case: Restriction on freedom of religious speech in Canada was emphasized in the Hugh Owens human rights case in Saskatchewan during late 2002. A private citizen had taken out an anti-gay, religiously based advertisement in a local newspaper. 2
The Hugh Owens case was not directly related to the hate propaganda section of the criminal code, or to bill C-250. Even if "sexual orientation" had been added to section 308, he would have been immune from prosecution under the criminal code because his "speech" was closely tied to a religious statement. The charge was actually laid under a provincial human rights law.
The ad consisted of a simple list of citations of Bible passages -- not including texts -- which religious conservatives commonly quote when attacking equal rights for persons who engage in same-sex behavior. Beside the list was a symbol consisting of two male stick figures holding hands, a diagonal slash, and a red circle indicating prohibition. One of the six passages listed was Leviticus 20:13 which, in most English translations appears to call for the execution by stoning of any sexually active gay male who has engaged in anal intercourse. There is no consensus among theologians as to the exact meaning of the passage. Many religious liberals believe that only those gays who engaged in same-sex anal intercourse during religious rituals in Pagan temples would qualify for execution. The King James Version of the text reads:
If a man also lie with mankind, as he lieth with a woman, both of them have committed an abomination: they shall surely be put to death. Their blood shall be upon them." (KJV)
"The judge ruled that a Biblical passage in Leviticus 'exposes homosexuals to hatred'," when it was used in conjunction with the symbol.' 3 More details.
This essay: The above text contains a quotation from a Bible verse that could be considered as inciting hatred against gays -- at least those gays who engage in anal intercourse. However, the author is probably immune from prosecution, for two reasons: Even though the biblical quotation might inspire a felling of hatred towards sexually active gays, the author "...in good faith,...expressed or attempted to establish by argument an opinion on a religious subject."
He described material that might generate feelings of hatred for an identifiable group "for the purpose of removal" of that hatred.
Private members bill:
Svend Robinson is a member of the New Democratic Party (a socialist group), a member of Parliament from British Columbia, a famous Canadian civil libertarian, and a well known gay male. He introduced a private member bill, C-250, to amend Section 318 -- the existing hate crime legislation -- by adding "sexual orientation" as a fifth protected class. Section 318(4) would thus be changed from:
"In this section, 'identifiable group' means any section of the public distinguished by color, race, religion or ethnic origin." to
"In this section, 'identifiable group' means any section of the public distinguished by color, race, religion, ethnic origin or sexual orientation."
A lot of misinformation has been circulated about C-250:
C-250 is not a new law. C-250 does not even add a new section or subsection to an existing law. It merely enlarges subsection 4 of section 308; it increases the number of classes protected from hate speech and literature from the previous four groups to five.
It is not a pro-homosexual bill. The bill does not mention gays, lesbians or homosexuals. It equally protects persons of all sexual orientations, whether heterosexual, bisexual or homosexual, not just gays or lesbians.
It does not represent a threat to any clergy: priest, minister, pastor or other clergy delivering anti-gay sermons. Anyone delivering an anti-gay speech based on the famous six "clobber" passages in the Bible or similar passages from the holy texts of other religions is immune from prosecution. This immunity would also apply to lay members of any religion.
http://www.religioustolerance.org/hom_hat6.htm
