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Subsection (2) makes it an offence to willfully promote hatred against an identifiable group by communicating statements, other than in private conversation. The Supreme Court of Canada addressed the meaning of "willfully," "promote" and "other than in private conversation" in R. v. Keegstra. The court held that "promotes" involves the active support or instigation of hatred; a simple encouragement or advancement of hatred is not enough. With respect to "willfully, " an accused needs both to intend, in the sense of desire, and to foresee the stimulation of hatred as a certainty. Neither recklessness nor the mere fact that the accused was aware of the risk of stimulating hatred are sufficient to convict under s. 319(2). A conversation or communication intended to be private but which was accidentally or negligently made public also does not fall under s. 319(2).
Originally posted by Chakotay
I do believe we in the United States still have the Constitutionally protected Right to Freedom of Speech. As long as speech is not intentionally misleading, we are still allowed to publically oppose anyone we want. I consider anything less, tyranny.
Originally posted by Duzey
IMO, the hate crime laws in Canada are for decoration only.
Originally posted by CazMedia
I also oppose hate crime laws because they create special classes of protections for people when in reality a crime is a crime.
In sentencing Ryan Cran, Justice Mary Humphries of the B.C. Supreme Court said there was no evidence that the attack on Aaron Webster in November 2001 was motivated by bias, prejudice or hatred. But she said the willingness by a group to inflict such "terrifying pain" on someone is an expression of some kind of hate.
"What is so chilling about his case is this group seems to have done this for some reprehensible and almost inconceivable concept of entertainment," Humphries said.