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tazzygirl -> RE: Denied entry .... wahhhh (10/15/2012 3:35:45 PM)
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The Constitution of Canada incorporates the Canadian Charter of Rights and Freedoms.[1] Section 2 of the of the Charter grants to everyone, among other things, freedom of conscience and religion, and freedom of thought, belief, opinion and expression, including freedom of the press and other media. Section 1 restricts the granted freedoms by making them subject "only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society."[2]
The Criminal Code of Canada
Sections 318, 319, and 320 of the Code forbid hate propaganda.[3] "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." Section 318 prescribes imprisonment for a term not exceeding five years for anyone who advocates genocide. The Code defines genocide as the destruction of an "identifiable group." The Code defines an "identifiable group" as "any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation." Section 319 prescribes penalties from a fine to imprisonment for a term not exceeding two years for anyone who incites hatred against any identifiable group. Section 320 allows a judge to confiscate publications which appear to be hate propaganda. Under section 319, an accused is not guilty: (a) if he establishes that the statements communicated were true; (b) 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; (c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or (d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.
Canadian Human Rights Commission
The Canadian Human Rights Commission administers the Canadian Human Rights Act.[8] Section 3 of the Act prohibits discrimination based on "race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for which a pardon has been granted." Section 13(1) addresses the issue of hate speech. The section states:
It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination.
Section 13(2) makes clear that posting hateful or contemptuous messages to the Internet is prohibited. Section 54(1) allows a Canadian Human Rights Tribunal to order a respondent to cease any discriminatory practice, to compensate the victim where the discrimination was wilful or reckless by an amount not exceeding $20,000, and to pay a penalty of not more than $10,000.
http://en.wikipedia.org/wiki/Section_Two_of_the_Canadian_Charter_of_Rights_and_Freedoms
http://en.wikipedia.org/wiki/Section_One_of_the_Canadian_Charter_of_Rights_and_Freedoms
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