e-4960 (Justice)

The Government of Canada is committed to combatting hate propaganda and hate crimes. That is why we have taken deliberate and concerted action to address this troubling behaviour. We introduced Bill C-63, An Act to enact the Online Harms Act, to amend the Criminal Code, the Canadian Human Rights Act and An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service and to make consequential and related amendments to other Acts, which would provide new tools to address hate related crime and to increase maximum penalties for existing hate propaganda offences. We have appointed a Special Envoy on Preserving Holocaust Remembrance and Countering Antisemitism and a Special Representative on Combatting Islamophobia whose mandates support our efforts to combat hate in all its forms. We have also made significant investments to respond to this crime including $90.5 million through Budget 2024 to combat antisemitism. We will continue to take steps to ensure everyone in Canada can live free from hate, bias and discrimination.

In Canada, responsibility for the criminal justice system is shared. The federal government is responsible for enacting criminal law.

The Criminal Code has four hate propaganda offences that are found in sections 318 and 319 of the Criminal Code. These are: (a) advocating or promoting genocide against an identifiable group; (b) inciting hatred against an identifiable group in a public place that is likely to cause a breach of the peace; (c) wilfully promoting hatred against an identifiable group other than in private conversation; and (d) wilfully promoting antisemitism by denying, condoning or downplaying the Holocaust other than in private conversation. 

The offence of wilfully promoting hatred against an identifiable group requires proof that the accused intended to promote hatred against an identifiable group. Evidence must establish that their actions amounted to actively supporting or instigating hate. Hate, in this context, means vilification and detestation.

Independent police and prosecutors are responsible for applying the criminal law, including determining whether or not particular conduct amounts to a criminal offence. In all cases, decisions to prosecute are generally based on two considerations: (1) whether there is a reasonable prospect of conviction and (2) whether it is in the public interest to prosecute.

The Government of Canada is unwavering in its commitment to addressing hate crime, in all its forms.