Bill C-9: An Act to amend the Criminal Code (hate propaganda, hate crime and access to religious or cultural places)

Short Title Short title 1 This Act may be cited as the Combatting Hate Act . R.S., c. C-46 Criminal Code 2 Paragraph (a) of the definition offence in section 183 of the Criminal Code is amended by adding the following after subparagraph (lxxi.1): (lxxi.2) section 423.3 (intimidation — building used for religious worship, etc.), 3 Subsection 318(3) of the Act is replaced by the following: Consent (3) No proceeding shall be instituted under this section without the consent of the Attorney General. 4 (1) Section 319 of the Act is amended by adding the following after subsection (2.1): Wilful promotion of hatred — terrorism and hate symbols (2.2) Everyone commits an offence who wilfully promotes hatred against any identifiable group by displaying, in any public place, (a) a symbol that is principally used by, or principally associated with, a listed entity , as defined in subsection 83.01(1); (b) the Nazi Hakenkreuz or the Nazi double Sig-Rune, also known as the SS bolts; or (c) a symbol that so nearly resembles a symbol described in paragraph (a) or (b) that it is likely to be a symbol described in paragraph (a) or (b). Punishment (2.3) Everyone who commits an offence under subsection (2.2) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) is guilty of an offence punishable on summary conviction. (1.1) Paragraph 319(3)(b) of the Act is repealed. (1.2) Paragraph 319(3.1)(b) of the Act is repealed. (2) Subsections 319(4) to (6) of the Act are replaced by the following: Defences — subsection (2.2) (3.2) No person shall be convicted of an offence under subsection (2.2) (a) if the display of the symbol was for a legitimate purpose, including a legitimate purpose related to journalism, education or art, that is not contrary to the public interest; or (b) if, in good faith, the display of the symbol was intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada. Forfeiture (4) If a person is convicted of an offence under subsection (1), (2), (2.1) or (2.2) or section 318, anything by means of or in relation to which the offence was committed, on such conviction, may, in addition to any other punishment imposed, be ordered by the presiding provincial court judge or judge to be forfeited to His Majesty in right of the province in which that person is convicted, for disposal as the Attorney General may direct. Exemption from seizure of communication facilities (5) Subsections 199(6) and (7) apply, with any modifications that the circumstances require, to subsection (1), (2), (2.1) or (2.2) or section 318. Clarification (6) For greater certainty, the communication of a statement does not incite or promote hatred, for the purposes of this section, solely because it discredits, humiliates, hurts or offends. Consent (6.1) No proceeding for an offence under subsection (2), (2.1) or (2.2) shall be instituted without the consent of the Attorney General. (3) Subsection 319(7) of the Act is amended by adding the following in alphabetical order: hatred  means an emotion of an intense and extreme nature that is clearly associated with vilification and detestation; ( haine ) 5 The Act is amended by adding the following after section 320.1: Hate Crime Offence motivated by hatred 320.1001 (1) Everyone who commits an offence — referred to in this section as the “included offence” — under this Act or any other Act of Parliament, if the commission of the included offence is motivated by hatred based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation or gender identity or expression, is (a) guilty of an indictable offence and liable to the punishment provided for in subsection (5); or (b) guilty of an offence punishable on summary conviction. Definition of hatred (2) In this section, hatred has the same meaning as in subsection 319(7). Clarification (3) For greater certainty, the commission of an offence under this Act or any other Act of Parliament is not, for the purposes of this section, motivated by hatred based on any of the factors mentioned in subsection (1) solely because it discredits, humiliates, hurts or offends. Limitation (4) No proceedings shall be commenced under subsection (1) by way of indictment if the included offence may be prosecuted only by way of summary conviction proceedings. Maximum penalty (5) Everyone who is found guilty of an indictable offence under subsection (1) is liable to a term of imprisonment of not more than (a) five years, if the maximum term of imprisonment for the included offence is two years or more but less than five years; (b) 10 years, if the maximum term of imprisonment for the included offence is five years or more but less than 10 years; (c) 14 years, if the maximum term of imprisonment for the included offence is 10 years or more but less than 14 years; or (d) life, if the maximum term of imprisonment for the included offence is 14 years or more and up to imprisonment for life. Applicable provisions (6) Subject to paragraphs (1)(a) and (b) and subsections (4) and (5), any provision of this Act or any other Act of Parliament — including one in respect of procedure, orders or consequences — that would have been applicable in relation to the included offence applies in relation to an offence under subsection (1). 6 The Act is amended by adding the following after section 423.2: Intimidation — building used for religious worship, etc. 423.3 (1) Every person commits an offence who engages in any conduct with the intent to provoke a state of fear in a person in order to impede their access to (a) a building or structure, or part of a building or structure, that is primarily used (i) for religious worship, or (ii) by an identifiable group , as defined in subsection 318(4), (A) for administrative, social, cultural or sports activities or events, (B) as an educational institution, including a daycare centre, or (C) as a residence for seniors; or (b) a cemetery. Obstruction or interference with access (2) Every person commits an offence who, without lawful authority, intentionally obstructs or interferes with another person’s lawful access to a building or structure, or part of a building or structure, referred to in paragraph (1)(a) or to a cemetery. Punishment (3) Every person who commits an offence under subsection (1) or (2) is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) guilty of an offence punishable on summary conviction. Exception (4) No person is guilty of an offence under subsection (2) by reason only that they attend at or near, or approach, a building or structure referred to in paragraph (1)(a) or a cemetery for the purpose only of obtaining or communicating information. 8 Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (xi.01): (xi.02) subsection 423.3(1) (intimidation — building used for religious worship, etc.), 9 (1) Subsection 515(4.1) of the Act is amended by adding the following after paragraph (b.11): (b.12) an offence under subsection 423.3(1) (intimidation — building used for religious worship, etc.), (2) Paragraph 515(4.3)(b) of the Act is replaced by the following: (b) an offence described in section 264 or 423.1 or subsection 423.2(1) or 423.3(1); 10 Section 662 of the Act is amended by adding the following after subsection (6): Offence under subsection 320.1001(1) charged (7) For greater certainty, if a count charges an offence under subsection 320.1001(1) and the evidence does not prove that offence but proves an included offence, the accused may be found guilty of the offence that is proved. 11 The Act is amended by adding the following after section 726.2: Endorsement — offence under subsection 320.1001(1) 726.21 When an offender is found guilty of an offence under subsection 320.1001(1), the court shall endorse, on the information or indictment, as the case may be, the included offence that has been proved by the evidence and, in the absence of evidence to the contrary, the endorsement is proof of that fact. Clarification Clarification — subsections 319(2) and (2.2) 11.1 (1) For greater certainty, nothing in subsection 319(2) or (2.2) of the Criminal Code shall be construed as prohibiting a person from communicating a statement on a matter of public interest, including an educational, religious, political or scientific statement made in the course of a discussion, publication or debate, if they do not wilfully promote hatred against an identifiable group by communicating the statement. Clarification — subsection 319(2.1) (2) For greater certainty, nothing in subsection 319(2.1) of the Criminal Code shall be construed as prohibiting a person from communicating a statement on a matter of public interest, including an educational, religious, political or scientific statement made in the course of a discussion, publication or debate, if they do not wilfully promote antisemitism by condoning, denying or downplaying the Holocaust. Coming into Force 30th day after royal assent 12 This Act comes into force on the 30th day after the day on which it receives royal assent.