Canada's hate crimes law already makes it illegal to incite hatred against an identifiable group based on colour, race, religion or ethnicity.
The amendment will add sexual orientation to the list.
The law does not ban "derogatory remarks" but prohibits the promotion of genocide against identifiable groups.
laws.justice.gc.ca
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,
(a) killing members of the group; or
(b) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.
(3) No proceeding for an offence under this section shall be instituted without the consent of the Attorney General.
(4) In this section, "identifiable group" means any section of the public distinguished by colour, race, religion or ethnic origin.
Defences against conviction are as follows:
(3) No person shall be convicted of an offence under subsection (2)
(a) if he establishes that the statements communicated were true;
(b) if, in good faith, he expressed or attempted to establish by argument an opinion on a religious subject;
(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.
The religious wingnuts complaining about the sexual orientation amendment are protected by 3(b). They can continue to preach hatred in their churches.
I have no problem with laws prohibiting the promotion of genocide against a specific group. It seems to be a reasonable limitation on speech. |
