section 320(8)

INTRODUCTION AND BRIEF DESCRIPTION

Section 320(8) of the Criminal Code of Canada defines genocide as it is used in section 318.

SECTION WORDING

320(8) In this section, "genocide" has the same meaning as in section 318.

EXPLANATION

Section 320(8) of the Criminal Code of Canada is a supplementary section that specifically defines the term genocide" in relation to Section 318 of the Code. Section 318 prohibits promotion of genocide, which is defined as the killing or harming of individuals belonging to a particular racial, ethnic, national, or religious group. The definition provided in Section 320(8) of the Criminal Code of Canada is in line with the interpretation of genocide under international law. It means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such: Killing members of the group; Causing serious bodily or mental harm to members of the group; Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction, in whole or in part; Imposing measures intended to prevent births within the group; Forcibly transferring children of the group to another group. Section 318 of the Criminal Code of Canada criminalizes promotion of genocide through various means, including public incitement, wilful promotion, or public distribution of materials that deny, minimize, or justify genocide. In essence, Section 320(8) serves to ensure that there is a clear definition of the term genocide" in the Code, and that individuals who engage in activities that promote or deny genocide are held responsible for their actions. The section highlights Canada's commitment to combating crimes against humanity and ensuring that all individuals are protected from such atrocities.

COMMENTARY

Section 320(8) of the Criminal Code of Canada plays a vital role in the criminalization of genocide in the country. This subsection is essential as it defines the term "genocide," which is used in section 318. This part of the Criminal Code deals with the offense of genocide and defines its parameters. The definition of "genocide" provided in section 318 is in line with the United Nations Convention on the Prevention and Punishment of the Crime of Genocide, which Canada ratified in 1952. This Convention defines "genocide" as any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group. Section 320(8) of the Criminal Code plays a crucial role in providing clarity and context for the crime of genocide. It ensures that prosecutors and judges can interpret the definition of "genocide" provided in section 318 and apply it appropriately in cases of genocidal acts. By referencing the United Nations' definition, Canada upholds its commitment to being a responsible member of the international community. Moreover, the inclusion of the term "genocide" in section 320(8) signals Canada's unwavering commitment to fighting against the evils of genocide and ensuring accountability for those who commit such heinous acts. It also supports the efforts made by various international organizations such as the International Criminal Court (ICC) and the United Nations in the fight against genocide. Overall, section 320(8) of the Criminal Code of Canada serves as a legal framework to curb the menace of genocide and holds perpetrators accountable for their actions. This subsection sends a message that Canada is committed to upholding human rights and protecting vulnerable populations from atrocities such as genocide. The inclusion of the term "genocide" in this section of the Criminal Code also provides clarity and context for the crime of genocide, which is vital in prosecuting those who commit it.

STRATEGY

Section 320(8) of the Criminal Code of Canada is a crucial provision that determines how genocide should be interpreted when dealing with criminal offenses. Essentially, this section offers a definition of genocide for purposes of providing legal clarity and consistency in Canada's criminal justice system. As such, the interpretation and application of section 320(8) can have serious implications for human rights, international law, and the pursuit of justice. In this context, there are several strategic considerations that must be taken into account when dealing with section 320(8) of the Criminal Code of Canada. One of the most important considerations is the need to ensure that the interpretation of this section is clear and consistent with international law and human rights principles. It is crucial to note that genocide is recognized as a heinous crime under international law, and as such, any interpretation of the term must be consistent with the requirements of international law. In this context, the interpretation of section 320(8) must be guided by the definitions and requirements set out by the International Criminal Court (ICC) and the United Nations Convention on the Prevention and Punishment of the Crime of Genocide. Another strategic consideration is the need to ensure that section 320(8) is properly employed in criminal cases involving genocide. The provision applies to section 318 of the Criminal Code of Canada, which deals with the offense of advocating or promoting genocide. It is crucial to ensure that this provision is used appropriately and only in cases where there is evidence of intent to commit genocide. This is essential to ensure that individuals are not charged with this offense simply for expressing controversial opinions or engaging in political activism, which can undermine freedom of expression and human rights. Another strategy that can be employed is to establish a clear and consistent interpretation of genocide in the context of Canada's multicultural society. As a country that embraces diversity and multiculturalism, it is important that the definition and interpretation of genocide be sensitive to the experiences and perspectives of various communities in Canada. This can be achieved through ongoing consultations and engagement with various communities, including Indigenous Peoples, religious minorities, and immigrant groups. In conclusion, section 320(8) of the Criminal Code of Canada is a critical provision that must be carefully considered and employed in criminal cases involving genocide. Strategic considerations must be taken into account to ensure that the interpretation and application of this provision are consistent with international law, human rights, and Canada's multicultural values. Employing strategies such as using evidence-based approaches, engaging with diverse communities, and upholding the rule of law can help to achieve justice and prevent the occurrence of genocide in Canada.