Discount Blogger, a New Brunswicker in Atlanta, is speaking and entertaining comment on the new criminal code provisions on same-sex hate crimes. I must say, I am flabbergasted by the failure of this vote in the House to be unanimous. In case you are interested, here is the record from Hansard of who voted yea and nay just in case you want a word with your local MP next election. [Hey, there is Elsie Wayne against it and Peter MacKay for it. Troubles in Tory land continue.]
Just to be clear, here is the Bill as passed by the House of Commons. Bill 250 adds sexual orientation to an existing list of subjects of prohibited hate speech - the others being "colour, race, religion or ethnic origin" - under both sections 318 and section 319:
318. (1) Every one who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.So, the class of speech is limited to advocating killing and physical destruction of a group. These are activities which I usually class in the class "Generally Bad".(2) In this section, "genocide" means any of the following acts committed with intent to destroy in whole or in part any identifiable group, namely,
(a) killing members of the group; or(b) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.
The provisions of Bill 250, now passed, deal with a second set of crimes under section 319, hate speech against "any identifiable group" which leads to "hatred against any identifiable group where such incitement is likely to lead to a breach of the peace" and "communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group". I also include these acts in "Pretty Much Bad, Too".
Others do not believe this bad is so general. The wackos Certain of the faithful have weasled required an exception to be worked into section 319 - the "Pretty Much Bad, Too" crimes - in our Criminal Code:
if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text.So now we can sing "Jesus hates you this I know. For the Bible tells me so..." And hates you, and you, and you and especially you.
And it would also be possible for me to say Jesus hates those who supported the section 319 exceptions as hypocritical, soul-scoured falsifiers...if, that is, I thought it was possible for the good Lord to hate.

Comments
David - September 19, 2003 2:46 pm
I think it's section 319 that people are worked up about: the inciting "hatred" section, not the inciting genocide (318) section. I'm using scare quotes around hatred because I don't see a definition there.
To draw a specific example, are some bloggers -- even moderate ones -- inciting "hatred" toward Arabs? As immigrants from the middle-east and their decendants become more numerous (and more influential in the Liberal party), I think you'll find the answer becoming "yes". [Yes, I did read 319/3/c]
David - September 19, 2003 2:47 pm
Damn Alan, can you edit out my e-mail address there, or put nospam or something in there.
Alan - September 19, 2003 2:53 pm
Removed.
Yup. You are right. The exception only relates to 319 not 318. But look at the words in 318:<blockquote class="smalltext"> "Every one who, by communicating statements in any public place, <i>incites hatred</i> against any identifiable group where such incitement is likely to lead to a breach of the peace"<p>"Every one who, by communicating statements, other than in private conversation, <i>wilfully promotes</i> hatred against any identifiable group".</blockquote>Why is the basis for needing the right to incite a breach of peace? Why do they need to <i>wilfully</i> promote hatred. Neither of these things are about the speech but causing consequences through the speech. Why should these intentional consequences be permitted? [Alan: I edited this comment to add fuller quotations of s.318.]
Alan - September 19, 2003 3:08 pm
Another point: the incitement of hatred has to be likely to lead to a breach of peace for it to be criminal. I do not think a blogger has that likelihood if only because so few have an organized audience which could go out and breach the peace together. Further, I can't think of any religious text which could be used to incite hatred of Arabs as Arabs are not an "opposing" religious group. The religious text exception would not apply.
David - September 20, 2003 6:36 am
Ah yes. Good point on the breach of the peace part.
Two postings coming up on my blog...