Hate speech in Canada: 

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See a separate essay for a description of conservative Christian reaction to this bill.

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" type clause allows hate speech if it is religiously motivated. In essence, the law states that the freedomof one person to express religiously-motivated hatred is given higher priority that the freedom of another person to be free of hatred expressed against them.

Status of free speech in Canada:

In the U.S., a person cannot falsely 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 of Wiccans 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:

Before 2004-APR-29, 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:

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 Owens case was not directly related to the hate propaganda section of the criminal code, or to bill C-250. Even after "sexual orientation" had been added to section 308, he is 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 The ruling was later overturned by Saskatchewan's highest court. More details.

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:

A lot of misinformation has been circulated about C-250:

This essay continues below.

The vote in Parliament:

Parliament voted on bill C-250 on 2003-SEP-17.

Some recent quotations:

At 6:49 PM of 2003-SEP-17, the speaker of the House declared that the bill had passed. According to the Canadian Broadcasting Commission, the vote was 143 in favor and 110 opposed. (According to my ears, and the report in the next day's Toronto Star, it was 141 to 110. This was one of the rare private member's bills to be passed by Parliament.

All Alliance members voted against the bill. Forty-one Liberal backbenchers also voted "nay." But most Liberals and almost all Bloc Québécois and New Democratic Party members voted in favor.

After the vote, outside Parliament:

Amendment to the amendment:

Liberal Member of Parliament Derek Lee proposed an amendment to C-250 which was adopted. "It creates a defense from prosecution for opinions expressed 'in good faith' or based on a belief in a religious text" like the Bible. This appears to be a redundant alteration to section 319 of the criminal code. Section 319 already allows immunity from prosecution "if, in good faith, he expressed or attempted to establish by argument an opinion on a religious subject."

It seems ironic that religious institutions are the only groups in the country who want an exemption from hate speech and propaganda laws, apparently so that they can feel free to denigrate groups of individuals without any risk of being charged with a crime.

Activity in the Senate:

In their article on 2003-SEP-23, Focus on the Family, Canada included a hyperlink to a list of Canadian Senators with telephone numbers and a postal address. _6,7 They encouraged their readers to write to senators expressing their disapproval of the bill.

On 2004-FEB-20, the bill was referred to the Standing Senate Committee on Legal and Constitutional Affairs. The Committee considered the bill on 2004-MAR-25. They passed it with no amendments.

The Evangelical Fellowship of Canada added a Daily Update to their website on APR-26. They wrote:

"With no election call over the weekend, it is difficult to see anything that will stop Bill C-250 from becoming law on Wednesday [APR-28]."

"If this bill becomes law, we urge all Christians to be neither provoked nor intimidated by these new measures. Instead:
- Let us pray that police and government will prevent abuse of this law.
- Let us continue to express the call to holiness in Canada with gentleness and respect.
- Let us continue to teach and practice the full counsel of the Lord and Saviour Jesus Christ, without fear." ₈

The last point is curious, because Jesus Christ is not recorded as having mentioned either homosexual behavior or homosexual orientation. That is, he gave no "counsel" on the topic. In fact, according to surviving texts, he said very little about human sexuality at all.

On 2004-APR-27, the Senate voted to terminate debate on the bill, and to have a final vote on APR-28. At 3:30 PM ET, on APR-28, bill C-250 was passed. Few of the total contingent of 101 senators opposed the bill. The vote was 59 in favor, 11 opposed and 3 abstentions.

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.

Expected impact of the law:

Few prosecutions are expected under this amended law. The main effect is expected to be an increased acceptance by the people of Canada that gays, lesbians and bisexuals are full citizens, and members of a protected class. This bill is a major step towards recognition that heterosexuals, homosexuals and bisexuals all have normal, natural sexual orientations.

Similar law enforced in Sweden:

Sweden passed a constitutional amendment in 2002 which included sexual orientation in a list of groups protected from "unfavorable speech." The law protects heterosexuals, bisexuals and homosexuals equally.

Sometime in 2003, Pastor Ake Green delivered a sermon at his Pentecostal church in Borgholk, Sweden. He allegedly described homosexuality as "abnormal, a horrible cancerous tumor in the body of society." He described them as "perverts, whose sexual drive the Devil has used as his strongest weapon against God." He was charged with inciting hatred against a group of people on the basis of their sexual orientation. During 2004-JUN, Green was found guilty and sentenced to one month in prison. Public prosecutor Kjell Yngvesson is reported as saying: "One may have whatever religion one wishes, but [the sermon] is an attack on all fronts against homosexuals. Collecting Bible [verses] on this topic as he does makes this hate speech." Christianity Today magazine reported: "In his defense, the pastor said he merely wanted to make clear the biblical view on homosexuality, not to express disrespect." Green's lawyer said that the law and conviction violated the pastor's religious freedom. Soren Andersson, president of a Swedish federation for lesbian, gay, bisexual, and transgender rights (RFSL), said that religious freedom never justifies offending people. He said: "Therefore, I cannot regard the sentence as an act of interference with freedom of religion."

A search on the Google.com search engine using the string "Ake Green" found 605 hits. Some relate to the "Ake Ake," a type of exotic shrub which comes in a green variety. But most seem to refer to the Swedish event.

As described above, Canada's similar hate propaganda law has a specific clause exempting hate propaganda speech if motivated by religion. Green could not have been prosecuted in Canada under C-250, unless of course, the clause is declared unconstitutional. ₉

Legal note:

The above essay is intended to give an overview of hate crimes legislation in Canada to a popular audience. It is based on the Criminal Code as it exists on 2003-SEP-17. The law changes with time. For specific guidance, we recommend that you obtain an interpretation from a qualified lawyer. Do not rely on the above essay to make personal decisions.

References used:

1. "Criminal Code: Hate Propaganda," Department of Justice, Canada, 2003-APR-30, at: http://laws.justice.gc.ca/ Section 318 (4).
2. Randall Palmer, "Religious Hatred? Canadian Hate-Crimes Bill Sparks Debate Over Bible, Koran," ABC News/Reuters, 2003-MAY-16, at: http://abcnews.go.com/sections/world/
3. "Make gay-bashing a hate crime, Robinson says," CTV.ca, 2003-MAY-16, at: http://www.ctv.ca/servlet/ArticleNews/
4. "MPs to vote on bill to protect gays, lesbians from hate speech," CBC News, 2003-SEP-17, at: http://www.cbc.ca/
5. Today's Family News, Focus on the Family, Canada, 2003-SEP-19.
6. "Anti-hate law will have 'chilling effect'," Today's Family News, Focus on the Family, Canada, 2003-SEP-23.
7. "Canadian Senators [sic] Ottawa Telephone Numbers," LifeSite, 2003-SEP-18, at: http://www.lifesite.net/
8. "Current Initiatives," Evangelical Fellowship of Canada, at: http://www.evangelicalfellowship.ca/
9. Lars Grip, "No Free Speech in Preaching," Christianity Today, 2004-AUG-9, at:  http://www.christianitytoday.com/