INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the penalties for committing an offence under subsection (1) of Section 101 of the Criminal Code of Canada.
SECTION WORDING
101(2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction.
EXPLANATION
Section 101(2) of the Criminal Code of Canada defines the punishment for committing an offence under subsection (1) of the same section. Subsection (1) deals with the prohibited activities related to terrorist propaganda and advocates the commission of terrorism. According to subsection (2) of the section, any person who is found guilty of committing an offence under subsection (1) is liable to imprisonment. The punishment for the offence is either an indictable offence or an offence punishable on summary conviction, depending on the nature of the offence. An indictable offence is a more serious offence and carries a heavier sentence, whereas an offence punishable on summary conviction is a less serious offence that carries a less severe punishment. For an indictable offence, the offender can be sentenced to a maximum imprisonment period of five years. However, if the offence is considered to be less serious and is punishable on summary conviction, then the offender can face a maximum of six months of imprisonment. This section of the Criminal Code of Canada plays a crucial role in regulating activities related to terrorist propaganda and the advocacy of terrorism. The punishment for committing such offences serves as a deterrent for individuals who may consider engaging in similar activities. Overall, Section 101(2) provides a clear framework for the punishment of individuals who engage in such dangerous activities, thereby protecting Canadian citizens from the harms of terrorism.
COMMENTARY
Section 101(2) of the Criminal Code of Canada deals with the offence of advocating or promoting genocide. It states that any person who commits an offence under subsection (1) is guilty of committing an indictable offence. The maximum term of imprisonment for such an offence is five years. Alternatively, the person may be guilty of an offence punishable on summary conviction. The offence of advocating or promoting genocide is a very serious crime, the punishment of which is necessary not only to maintain law and order but also to promote the values of a society that is built on principles of equality, fairness, and humanity. By advocating or promoting genocide, one essentially argues for the extermination of a particular group of people based on their ethnicity, race, religion, or other characteristic. This kind of speech can lead to actual violence, discrimination, and human rights violations, and must be dealt with severely. The specific language of section 101(2) is important because it creates a distinction between a more serious offence (an indictable offence) and a less serious offence (an offence punishable on summary conviction). The choice of indictable or summary depends on the severity of the offence, among other factors. An indictable offence is a more serious crime and is subject to more severe punishment. Summary conviction, on the other hand, is a less serious offence that is punishable by fines or short term imprisonment. In the case of section 101(2), the choice between an indictable offence and an offence punishable on summary conviction may depend on the severity of the advocacy or promotion of genocide. Factors such as the context, intensity, and frequency of the promotion or advocacy may be taken into account when deciding whether to charge the offender with an indictable offence or an offence punishable on summary conviction. It is important to note that section 101(2) does not criminalize the expression of an opinion. Rather, it criminalizes the advocacy or promotion of genocide. The distinction is important because freedom of expression is a fundamental right in Canada. This means that individuals have the right to express their opinions and communicate their thoughts and ideas, even if they are unpopular or offensive. However, this freedom must be balanced with the protection of human rights and the prevention of hate speech and violence. In conclusion, section 101(2) of the Criminal Code of Canada is a necessary provision that helps to protect human rights and promote equality, fairness, and humanity. By criminalizing the advocacy or promotion of genocide, it sends a clear message that such speech is not acceptable in Canadian society. The provision provides a range of punishment options, allowing for flexibility in the criminal justice system. It is important, however, to ensure that the provision is applied fairly and justly, and that it is not used to suppress free expression or to punish those who express opinions that differ from the mainstream.
STRATEGY
Section 101(2) of the Criminal Code of Canada outlines the penalties for committing an offence under subsection (1), which pertains to advocating or promoting genocide. This section is one of the most serious provisions in Canadian law, as it addresses crimes against humanity and seeks to prevent their occurrence. As such, there are numerous strategic considerations that individuals and organizations must keep in mind when dealing with Section 101(2), as well as a variety of strategies that can be employed to ensure that justice is done. One of the most important strategic considerations when dealing with Section 101(2) is the need to be extremely vigilant in terms of monitoring the actions and speech of individuals and groups that may be promoting or advocating genocide. This may involve working closely with law enforcement authorities, sharing information with community leaders and organizations, and collaborating with experts in the field of human rights and international law. Another important consideration when dealing with Section 101(2) is the need to be proactive in terms of education and outreach. This may involve developing educational materials and programs for schools and community groups, holding public forums to discuss the problem of genocide and its impact on communities around the world, and engaging with the media to raise awareness about the issue and promote positive change. In addition to these strategic considerations, there are a number of specific strategies that can be employed to help prevent genocide and hold individuals accountable for advocating or promoting it. These strategies include: - Strengthening legal frameworks: One of the most effective ways to combat genocide is to strengthen legal frameworks and ensure that they are properly enforced. This may involve working to pass new laws, improving existing laws, and advocating for more effective enforcement mechanisms. - Building international partnerships: Preventing genocide requires a coordinated global effort, and building partnerships with international organizations and other stakeholders is essential. These partnerships can help to share information, coordinate efforts, and ensure that the most effective strategies are being employed. - Promoting human rights: Protecting human rights is essential for preventing genocide, and promoting human rights should be a key focus of any strategy to combat this problem. This may involve working to improve access to education, healthcare, and other basic needs, as well as advocating for greater recognition of the inherent dignity and worth of all people. - Raising public awareness: Finally, raising public awareness about the problem of genocide is essential for ensuring that people take the issue seriously and are motivated to take action. This may involve working with the media, holding public events, and using social media and other online platforms to reach as wide an audience as possible. In conclusion, Section 101(2) of the Criminal Code of Canada is a critical provision that seeks to prevent genocide and hold those who advocate or promote it accountable. When dealing with this section of the Criminal Code, it is essential to be vigilant, proactive, and strategic, and to employ a variety of effective strategies to help combat this serious problem. By working together and staying focused on the goal of preventing genocide, we can help to build a safer, more just, and more equitable world for all people.