Short Title Short title
1 This Act may be cited as the Banning Symbols of Hate Act . R.S., c. C-
46 Criminal Code 2 (1)
Section 319 of the Criminal Code is amended by adding the following after subsection (2): Promotion of hatred or violence — visual representations (2.1)
Everyone who, wilfully or recklessly, promotes or incites hatred or violence against any identifiable group by publicly displaying, selling or offering for sale a symbol, emblem, flag or uniform that identifies, or is associated with, a person or organization that promotes or incites, or has promoted or incited, hatred or violence against an identifiable group, is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction. (2)
The portion of subsection 319(3) of the Act before paragraph (a) is replaced by the following: Defences (3)
No person shall be convicted of an offence under subsection (2) or (2.1)
(3)
Subsection 319(3) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (d): (e) if, in good faith, the person publicly displayed the symbol, emblem, flag or uniform because it was relevant to a subject of public interest, including for educational purposes or accurate depiction in a film, and if on reasonable grounds the person believed the display to be proper and for the public benefit; or (f) if, in good faith, the person displayed the symbol, emblem, flag or uniform for the purpose of their removal from public places on the grounds that they produce or tend to produce feelings of hatred — or incite or tend to incite acts of violence — against an identifiable group. (4)
Subsections 319(4) to (6) of the Act are replaced by the following: Forfeiture (4)
If a person is convicted of an offence under section 318 or subsection (1), (2) or (2.1) of this section, anything by means of or in relation to which the offence was committed, on the conviction, may, in addition to any other punishment imposed, be ordered by the presiding provincial court judge or judge to be forfeited to Her 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 section 318 or subsection (1), (2) or (2.1) of this section. Consent (6)
No proceeding for an offence under subsection (2) or (2.1) shall be instituted without the consent of the Attorney General.
