section 319(7)

INTRODUCTION AND BRIEF DESCRIPTION

The import or export of any property obtained by illegal means is prohibited in Canada.

SECTION WORDING

319(7) In this section, "communicating" includes communicating by telephone, broadcasting or other audible or visible means.

EXPLANATION

Section 319(7) of the Criminal Code of Canada focuses on defining the term communicating" in the context of section 319 of the same Code. Section 319 empowers the Canadian government to prosecute people who publicly advocate or promote hate propaganda against a specific group of individuals based on race, ethnicity, religion, sex, or sexual orientation. It is designed to prevent hate propaganda from spreading and to promote equality and diversity in Canadian society. The definition of the term communicating" provided in section 319(7) is broad and expansive, covering a wide range of methods by which hate propaganda can be spread. Specifically, it includes means of communication such as telephone, broadcasting, or other audible or visible means. This definition is significant because it makes it clear that any person who promotes or advocates hate propaganda through any medium that can be heard or seen by others can be prosecuted under section 319. This includes not only traditional forms of media, such as newspapers and radio, but also more modern forms of communication, such as social media and the internet. In conclusion, Section 319(7) provides a clear and comprehensive definition of the term communicating," which is essential in establishing the scope of Section 319. By prohibiting hate speech in Canada, Section 319 and its broad definition of communicating" helps to foster an inclusive and respectful society free from discrimination and hatred.

COMMENTARY

Section 319(7) of the Criminal Code of Canada clarifies that communicating under section 319 includes all forms of communication that can be audible or visible. This section refers to section 319 of the Criminal Code that deals with hate propaganda, defined as any communication that promotes hatred against any identifiable group based on their race, religion, ethnicity, nationality, sexual orientation, or gender identity. Section 319(7) plays a crucial role in the interpretation and application of section 319. By using broad language, the provision captures all forms of communication that promote hatred against any identifiable group. It includes communication through modern means such as social media, the internet, and electronic devices. In this digital age, where communication has become more accessible and instant, the broad interpretation of section 319(7) ensures that courts can address hate propaganda in all forms of communication. The inclusion of visible means of communication in section 319(7) is equally important as it encompasses hate symbols, gestures, and signs, which are visible forms of communication that can promote hatred. In particular, hate symbols such as swastikas, the KKK emblem, and other white supremacist symbols, which were previously only displayed in physically visible locations such as on posters or banners, can now be communicated through social media, websites, and other online platforms. With the broad interpretation of communication, section 319(7) can capture visual symbols that promote hatred in various locations. Section 319(7) is a fundamental aspect of Canadian law as it ensures that all forms of hate propaganda are captured. Hate propaganda has no place in Canadian society, and every effort must be made to prevent it. By including audible and visible means of communication, section 319(7) plays an essential role in maintaining a peaceful, inclusive society. In conclusion, section 319(7) of the Criminal Code of Canada is vital in addressing hate propaganda in all forms of communication in our digital age. The broad interpretation of communication ensures that hate propaganda is captured across all communication platforms, including the internet, social media and other electronic devices. The inclusion of visible means of communication ensures that hate symbols, signs, and gestures are also captured under hate propaganda. As Canadians, we must continue to uphold the values of inclusivity, acceptance, and respect for all people, and section 319(7) contributes significantly to these values.

STRATEGY

Section 319(7) of the Criminal Code of Canada is a provision that defines the term "communicating" for the purposes of section 319, which deals with hate propaganda. This section of the Code makes it an offence to knowingly communicate statements, other than in a private conversation, that promote hatred against an identifiable group. Some of the identifiable groups that are protected under this provision include race, ethnicity, national origin, religion, sexual orientation, and gender identity. Strategic Considerations When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that need to be taken into account. Some of these considerations include: 1. Legal Analysis: To determine whether a communication falls under the ambit of section 319, a legal analysis is necessary. Therefore, it is important to first understand the provision thoroughly and consult an experienced criminal lawyer who has expertise in this area. 2. Evidence: In order to secure a conviction under section 319, the Crown must establish beyond a reasonable doubt that the accused knowingly communicated the statement in a public forum, and that the statement promotes hatred against an identifiable group. Therefore, evidence such as audio or video recordings, transcripts of the communication, and witness testimony, may be critically important in proving the case. 3. Public Perception: The accused may face a significant public backlash if they are charged and convicted under section 319 of the Criminal Code of Canada. As such, it is important to consider the potential public perception of the case and develop a communication strategy to address any negative perception. 4. Plea Bargain: In some cases, it may be in the best interest of the accused to negotiate a plea bargain with the Crown to avoid the possibility of a criminal conviction and the associated penalties. Strategies In dealing with section 319 of the Criminal Code of Canada, there are several strategies that could be employed. Some of these strategies include: 1. Pre-emptive Action: To avoid charges under section 319, individuals and organizations should be proactive in monitoring their communications and ensuring they do not promote hatred against identifiable groups. 2. Public Education: It is essential to educate the public on the legal implications of making statements that promote hatred and to promote respectful and inclusive discourse. 3. Legal Representation: Engage a criminal lawyer who specializes in hate speech laws in Canada, who can provide the necessary guidance on legal issues and representation. 4. Community Engagement: Engage with the local community to develop a comprehensive and effective response to hate speech, including peaceful protests, public education campaigns, and social media campaigns. 5. Legal Challenge: In some instances, it may be possible to challenge the constitutionality of section 319 if it infringes on an individual's freedom of expression or other Charter rights. Conclusion Section 319(7) of the Criminal Code of Canada is a powerful tool to protect identifiable groups from hate propaganda. It is important to develop appropriate strategies to address any situation likely to give rise to a section 319 charge. The various strategies could help avoid prosecution or conviction or assist in minimizing any penalties. Ultimately, the most effective strategy to prevent hate propaganda from being communicated is proactively fostering an inclusive society, where individuals respect each other's cultures, races, religions, gender, and sexual orientation.