An Act to amend the Criminal Code (hate propaganda), popularly known as Bill C-250, its title during the second and third sessions of the 37th Canadian parliament, was a Canadian Private Member's Bill that amended the Criminal Code of Canada to add penalties for publicly inciting hatred against or encouraging the genocide of people on the basis of sexual orientation and added a defence for the expression of good-faith opinions based on religious texts.
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Prior to this amendment, the Criminal Code prohibited the promotion of genocide and the public incitement of hatred against groups identifiable by colour, race, religion, and ethnic origin; C-250 expanded coverage of these existing provisions to include groups identifiable on the basis of sexual orientation. The bill also expanded one of the defences available to persons charged with the incitement of hatred, allowing for the expression of good-faith opinions based on religious texts, in addition to the preexisting defence allowing the good-faith expression of opinions on religious subjects.
C-250 was first introduced in 2001 into the 37th Parliament, 1st Session as Bill C-415 by New Democratic MP Svend Robinson. Following the end of that session, the bill was reintroduced as C-250 in the 37th Parliament, 2nd Session. It passed the House of Commons on September 17, 2003, but was not passed by the Senate before the end of the session. The bill was again reintroduced in the 37th Parliament, 3rd Session, passing both the House and Senate. It was signed into law on April 29, 2004.
As with all Canadian legislation, this act has equal force in French in which it is called La Loi modifiant le Code criminel (propagande haineuse).
Bill C-250 came under fire from Focus on the Family and other groups concerned that it would limit religious freedom in Canada. Critics of the bill claimed that it would prohibit the preaching of various scripture condemning homosexuality, while supporters pointed out that the bill added an explicit defence against any charge of incitement of hatred for opinions expressed in good faith based on religious texts. Critics have expressed concern that courts will close the religious loophole since the exemption only applies if a person expresses his religious opinion “in good faith.”
The Criminal Code, as amended, now includes the following provisions:
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.
(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,
(4) In this section, "identifiable group" means any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation.
319. (1) Every one who, by communicating statements in any
public place, incites hatred against any identifiable group where
such incitement is likely to lead to a breach of the peace is
guilty of
(2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of
(3) No person shall be convicted of an offence under subsection (2)
(7) In this section,
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