Summary#
This bill would amend the Criminal Code to make it a crime to publicly display, sell, or offer for sale symbols linked to groups that promote or incite hatred or violence against an “identifiable group” (based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability). It adds a new offence, sets penalties, allows courts to take the items, and requires the Attorney General’s consent to prosecute. The bill adds specific defenses for good-faith educational, artistic, or removal purposes. The preamble lists examples (Nazi, Ku Klux Klan, Confederate), but the law would not be limited to those (Preamble; Bill s.319(2.1), (3), (4), (6)).
- Creates a new offence for wilfully or recklessly displaying or selling symbols tied to hate or violence against identifiable groups (Bill s.319(2.1)).
- Punishable by indictment up to 2 years in prison, or by summary conviction (Bill s.319(2.1)).
- Adds defenses for good-faith educational use, accurate film depiction, or display for the purpose of removal from public places (Bill s.319(3)(e)-(f)).
- Allows seizure and forfeiture of the items upon conviction (Bill s.319(4)).
- Requires consent of the Attorney General before charges proceed (Bill s.319(6)).
- Applies in addition to existing hate propaganda offences; defences in s.319(3)(a)-(d) would also apply to the new offence (Bill s.319(3)).
What it means for you#
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Households and individuals
- Public display of symbols, emblems, flags, or uniforms linked to groups that promote or have promoted hatred or violence could lead to charges if done wilfully or recklessly (Bill s.319(2.1)).
- If convicted, courts can order the items taken by the government for disposal (forfeiture) (Bill s.319(4)).
- Good-faith use for education or accurate film depiction is a defense if you reasonably believed it was proper and for the public benefit (Bill s.319(3)(e)).
- Displaying items to remove them from public places is also a defense (Bill s.319(3)(f)).
- The bill has no delayed start date; without a separate clause, it would take effect on Royal Assent.
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Retailers, vendors, and event organizers
- Selling or offering for sale covered symbols or uniforms could be an offence if done wilfully or recklessly (Bill s.319(2.1)).
- You may need to review inventory and marketing to avoid items tied to organizations that promote or have promoted hatred or violence against identifiable groups (Preamble; Bill s.319(2.1)).
- Items used in the offence may be seized and forfeited upon conviction (Bill s.319(4)).
- Prosecutions need Attorney General consent, which may limit cases but can also delay decisions (Bill s.319(6)).
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Schools, museums, archives, and filmmakers
- Good-faith public display for education or accurate depiction in a film is a defense, if you reasonably believe it is proper and for the public benefit (Bill s.319(3)(e)).
- Documenting the purpose and context of displays could help show good faith and public benefit (Bill s.319(3)(e)).
- Existing defenses for honest discussion or intent to point out matters for removal of hatred also apply to this new offence (Bill s.319(3)).
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Law enforcement and prosecutors
- Must show the symbol identifies or is associated with a person or organization that promotes or has promoted hatred or violence against an identifiable group, and that the display or sale was wilful or reckless (Bill s.319(2.1)).
- Attorney General consent is required before starting proceedings (Bill s.319(6)).
- Communication-facility seizure limits in s.199(6)-(7) apply, with adjustments, to these offences (Bill s.319(5)).
Expenses#
Estimated net cost: Data unavailable.
- No appropriations or new funding in the bill text. Enforcement, prosecution, and court costs are not estimated. Data unavailable.
- Possible costs or savings from seizure and disposal of items are not quantified. Data unavailable.
- No federal fiscal note identified. Data unavailable.
Proponents' View#
- Closes a gap by directly addressing hate symbols, not only hate speech, reducing intimidation in public spaces (Bill s.319(2.1); Preamble).
- Targets intentional or reckless displays and sales, not accidental or private possession, by requiring “wilfully or recklessly” and public display (Bill s.319(2.1)).
- Protects education and art through explicit good-faith defenses for schools, museums, and films, and for removal efforts (Bill s.319(3)(e)-(f)).
- Provides guardrails against overreach by requiring Attorney General consent to prosecute (Bill s.319(6)).
- Aligns with existing hate propaganda laws by extending defences in s.319(3)(a)-(d) to the new offence and applying forfeiture provisions (Bill s.319(3), (4)).
- Preamble clarifies legislative intent by citing Nazi, Ku Klux Klan, and Confederate examples, while allowing application to similar symbols linked to hate or violence (Preamble).
Opponents' View#
- Definition risk: The bill does not list specific prohibited symbols; deciding what “identifies, or is associated with” a hate-promoting person or organization may be unclear and lead to uneven enforcement (Bill s.319(2.1)).
- Scope and speech concerns: Criminalizing displays may face challenges under freedom of expression; while some hate laws have been upheld, application to symbols may be contested. Outcomes are uncertain. Data unavailable.
- Chilling effects: Retailers, museums, and community groups may avoid lawful historical or educational displays due to fear of charges, despite new defenses. The standard of “reasonable grounds” may be hard to apply consistently (Bill s.319(3)(e)).
- Mens rea breadth: Including “recklessly” could capture careless conduct, not only intentional promotion, increasing enforcement disputes (Bill s.319(2.1)).
- Process and capacity: Requiring Attorney General consent may slow responses to incidents and add workload to those offices. Data unavailable.
- Enforcement practicality: Proving the link between a symbol and an organization that promotes or has promoted hatred or violence, and proving the accused’s state of mind, may be complex and resource-intensive (Bill s.319(2.1)).