section 320(8)

INTRODUCTION AND BRIEF DESCRIPTION

Section 320(8) defines hate propaganda as any material advocating genocide or constituting an offense under section 319.

SECTION WORDING

320(8) In this section, "hate propaganda" means any writing, sign or visible representation that advocates or promotes genocide or the communication of which by any person would constitute an offence under section 319.

EXPLANATION

Section 320(8) of the Criminal Code of Canada defines the term "hate propaganda" in the context of a provision that prohibits the promotion of hatred directed against an identifiable group. The section specifies that hate propaganda can take the form of any writing, sign or visible representation that advocates or promotes genocide. Additionally, any other communication which would violate Canada's hate speech laws under section 319 would also constitute hate propaganda. The Criminal Code of Canada strictly prohibits promotion of hatred directed against an identifiable group. Section 319(1) makes it a criminal offense to communicate statements in public that incite hatred against any identifiable group. Such communications can include writings, speeches, public performances, and signs or placards. Section 320 provides additional prohibited acts, such as publishing, promoting, or disseminating any hate propaganda. The two sections work together to combat hate speech and hate propaganda that can generate hatred against groups of people based on their race, religion, national or ethnic origin, gender identity, sexual orientation, or any other similar factor. Prosecution under these sections is only possible if the communication was made in public and is likely to incite hatred against an identifiable group. Overall, Section 320(8) is an important tool for combating hate speech, as it helps to define and specifically identify hate propaganda for effective prosecution under the Criminal Code of Canada.

COMMENTARY

Section 320(8) of the Criminal Code of Canada defines the term hate propaganda" and its meaning in the context of the law. The section specifies that hate propaganda includes any written or displayed material that promotes or advocates genocide, or communication of which could result in an offense under section 319 of the Criminal Code. This section is important in determining what constitutes as hate speech, propaganda and communication in Canada. It also indicates the boundaries for free speech and expression of ideas in Canada. The provision implies that not every writing or expression which advocates hate or discriminatory ideologies amounts to hate propaganda". The element of advancing genocide or a possible violation of section 319 must be present. This creates an important distinction between mere offensive speech and harmful speech which threatens the safety of certain communities. Hate propaganda has been an issue in Canada for quite some time now. There have been several incidents of hate speech expressed publicly in Canada both in the virtual and physical space. This manifested in various forms including through social media, on posters, messages etc. These forms of communication have disparate impacts on different communities. Members of marginalized communities often report experiencing emotional and physical harm as a result of being targeted by hate propaganda. The section under discussion seeks to create a legal framework for curbing the dissemination of harmful and dangerous propaganda. In essence, the section is a reflection of Canadian values. Canada is a multicultural country that prides itself on being diverse and inclusive. In order to maintain and promote these values, Canadian law takes a firm stance against any form of communication that targets individuals or communities on account of their race, religion, gender, sexuality or any other identifiable characteristic. This is a result of the desire to create a peaceful and harmonious society that is free from hate and discrimination. Section 319 on the other hand, criminalizes the public incitement of hatred. This section seeks to prevent the spread of hateful ideas which could instigate violence against a particular community. The section also requires prosecutors to prove that the offender harbored the specific intent of inciting hatred against a specific community and that the speech or expression was likely to result in physical harm to members of that community. This section aims to strike a balance between free speech and the fundamental rights of Canadians to exist in a community free from hate. In conclusion, section 320(8) and section 319 of the Criminal Code of Canada are designed to protect Canadian values and ideals by criminalizing the propagation of hate speech and propaganda which could result in the physical or emotional harm of members of certain communities. These provisions seek to maintain the fragile balance between free speech and hate speech and advocacy. Canada remains committed to creating a peaceful, inclusive and diverse society where freedom of expression is upheld while balancing with protection of marginalized communities.

STRATEGY

Section 320(8) of the Criminal Code of Canada defines hate propaganda" as any form of expression advocating or promoting genocide or the communication of which would be considered an offense under section 319. This section is aimed at combating hate speech and any form of expression that promotes discriminatory attitudes towards individuals based on their race, ethnicity, religion, or sexual orientation. Dealing with this section of the Criminal Code requires strategic considerations that take into account a range of factors. Below are some strategic considerations and strategies that could be employed when dealing with Section 320(8) of the Criminal Code of Canada: 1. Awareness of the Limits of Freedom of Expression A crucial consideration when dealing with Section 320(8) is that freedom of expression is a fundamental right in Canada. However, this freedom is not absolute and is subject to limitations, including the promotion of hate speech. It is essential to be aware of the limits that exist within the Canadian Charter of Rights and Freedoms when dealing with hate speech. 2. Understanding of the Legal Framework It is crucial to have a thorough understanding of the legal framework that surrounds Section 320(8) of the Criminal Code. This includes an awareness of the various statutes, regulations, and court cases that are relevant to this section, as well as the legal procedures involved. 3. Compliance with Due Process Due process is vital in any legal proceeding, and compliance with it is essential when dealing with Section 320(8) of the Criminal Code. It is critical to follow the legal procedures and ensure compliance with the various requirements laid out in the Criminal Code, such as the need to prove the necessary elements of the offense beyond a reasonable doubt. 4. Collaboration with Law Enforcement Agencies Collaboration with law enforcement agencies is another crucial strategy when dealing with Section 320(8) of the Criminal Code. The police are responsible for investigating any offenses related to hate propaganda, and collaboration with them can help to gather the necessary evidence to prove the offense. 5. Engage with Affected Communities Engagement with affected communities is another crucial strategy that should be employed when dealing with hate propaganda. This involves consulting with individuals and groups affected by hate speech and ensuring that their voices are heard throughout the legal process. 6. Public Education and Awareness Public education and awareness are essential strategies in combating hate speech. This involves educating the public about the dangers of hate propaganda and promoting tolerance and understanding among the various communities. In conclusion, dealing with Section 320(8) of the Criminal Code of Canada requires strategic considerations that take into account a range of factors. Compliance with due process, collaboration with law enforcement agencies, and engagement with affected communities are all critical strategies that can be employed to combat this offense. Public education and awareness are also crucial in promoting tolerance, understanding, and respect among different communities.