section 320.1(7)

INTRODUCTION AND BRIEF DESCRIPTION

If the court determines that material seized under a hate propaganda or data-related order is not actually hate propaganda, it must be returned to the owner.

SECTION WORDING

320.1(7) If the court is not satisfied that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or data within the meaning of subsection 342.1(2) that makes hate propaganda available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b).

EXPLANATION

Section 320.1(7) is a provision within the Canadian Criminal Code that pertains to the handling of electronic copies of hate propaganda or data that makes hate propaganda available. Specifically, it outlines what a court must do when presented with an electronic copy of such material and asked to make a determination regarding its availability to the public. Under this section, if a court is not convinced that the material in question is both available to the public and meets the definition of hate propaganda as set out in subsection 320(8) of the Criminal Code, or data that makes hate propaganda available as defined in subsection 342.1(2), then the court is required to order that the electronic copy be returned to its custodian. Additionally, the court must terminate any order that was previously issued under paragraph (1)(b) of section 320.1 of the Criminal Code. This provision reflects the Canadian government's commitment to combating hate speech and propaganda, while also ensuring that free speech rights are protected. By requiring courts to carefully consider whether material meets the legal definition of hate propaganda before allowing it to be disseminated or used in any legal proceedings, this provision helps to prevent the spreading of harmful ideas and reinforce Canada's commitment to equality and respect for all individuals.

COMMENTARY

Section 320.1(7) of the Criminal Code of Canada plays an important role in Canada's legal framework for dealing with hate propaganda. The provision deals with the seizure of materials that are suspected of being hate propaganda and the subsequent review by the court of whether or not they meet the legal definition of hate propaganda. The section sets out a specific procedure that must be followed when materials are seized under the authority of subsection 320.1(1) of the Criminal Code. Under that provision, a justice of the peace can authorize the seizure of materials that are believed to be hate propaganda or to facilitate the dissemination of hate propaganda, such as a computer or server hosting a website. Once the materials have been seized, they must be reviewed by a court to determine whether or not they meet the legal definition of hate propaganda. This definition is set out in subsection 320(8) of the Criminal Code, which defines hate propaganda as any writing, sign or visible representation that advocates or promotes genocide or the communication of which by any means would incite or promote hatred against any identifiable group. If the court determines that the materials do indeed meet the definition of hate propaganda, they can be either forfeited or destroyed. However, if the court is not satisfied that the materials meet the definition of hate propaganda, Section 320.1(7) directs the court to order that the materials be returned to the custodian and terminate the order for their seizure. This section of the Criminal Code is important in safeguarding freedom of expression while also ensuring that hate propaganda is not allowed to spread in Canadian society. The provision ensures that a proper legal process is followed before any seizure or destruction of materials can take place, which helps to prevent the abuse of power or overzealous enforcement. Moreover, Section 320.1(7) recognizes the importance of access to information and the right to freedom of expression, and ensures that these fundamental rights are respected even in the context of hate propaganda. This underscores the importance of balancing the rights and freedoms of individuals with the need to address hate propaganda and prevent the incitement of hatred against marginalized groups. In conclusion, Section 320.1(7) of the Criminal Code of Canada provides a crucial safeguard against the spread of hate propaganda and ensures that a fair and just legal process is followed. The provision balances the need to combat hate propaganda with the protection of fundamental rights and freedoms, and is an important tool in promoting equality and social justice in Canada.

STRATEGY

Section 320.1(7) of the Criminal Code of Canada is a provision that requires the court to return electronic copies of materials that are not deemed hate propaganda or data that makes hate propaganda available to the public. It is essential to consider this section of the Criminal Code when dealing with cases involving hate speech as it can influence the outcome of the trial. In this regard, it is crucial to understand the strategic considerations and strategies that can be employed to deal with this provision of the Criminal Code. One of the strategic considerations when dealing with section 320.1(7) of the Criminal Code is the definition of hate propaganda. This provision only applies to materials that are considered hate propaganda. As such, it is essential to understand the definition of hate propaganda. According to subsection 320(8) of the Criminal Code, hate propaganda refers to material that advocates or promotes genocide, the commission of a hate crime, or the superiority of one race over another. Therefore, it is crucial to ensure that the material under consideration meets this definition to qualify for the provisions of section 320.1(7). Another strategic consideration when dealing with section 320.1(7) is the availability of the material to the public. This provision only applies if the material is not available to the public. As such, it is essential to determine if the material under consideration is available to the public to qualify for the provisions of section 320.1(7). This requirement is significant as it prevents the suppression of freedom of expression and permits access to the material by interested parties. To deal with section 320.1(7) of the Criminal Code, several strategies can be employed. One of the strategies is presenting evidence to prove that the material is hate propaganda. This strategy involves providing evidence to the court that the material meets the definition of hate propaganda as provided in subsection 320(8) of the Criminal Code. This could include providing expert testimony from individuals with experience or training in the subject matter. Another strategy is proving that the material is available to the public. This strategy involves presenting evidence to demonstrate that the material under consideration is available to the public, such as through the internet or other means. This can involve conducting searches to find similar material online or obtaining evidence from witnesses. Additionally, it is crucial to consider the implications of section 320.1(7) in the case strategy. This provision can impact the outcome of the trial, as it may limit the ability of the court to order the removal of materials that meet the definition of hate propaganda. Therefore, it is crucial to consider the strength of the evidence and the impact that this provision may have on the case strategy. In conclusion, section 320.1(7) of the Criminal Code of Canada plays a critical role in cases involving hate propaganda. To deal with this provision, it is essential to consider the definition of hate propaganda and the availability of the material to the public. Additionally, various strategies can be employed, such as proving that the material is hate propaganda or available to the public. By understanding the strategic considerations and employing appropriate strategies, it is possible to achieve a successful outcome in cases involving hate propaganda.