respect for religious and spiritual beliefs a statement of principles of ...

eason of the fact that that person or those persons are identifiable on the basis ofa prohibited ground of discrimination.29. The Criminal Code deals specifically with hate crimes and hate-motivated crimesin sections 318 to 320, 430(4.1) and 718.2(a)(i). 34 Sections 318 and 319 prohibitadvocating genocide and public incitement of hatred or wilful promotion ofhatred against any group distinguished by colour, race, religion, ethnic origin orsexual orientation. Chief Justice Dickson, in Keegstra, discusses the valuespromoted by the legislation:In my opinion, it would be impossible to deny that Parliament's objectivein enacting s. 319(2) is of the utmost importance. Parliament hasrecognized the substantial harm that can flow from hate propaganda, andin trying to prevent the pain suffered by target group members and toreduce racial, ethnic and religious tension in Canada has decided tosuppress the wilful promotion of hatred against identifiable groups. At thecore of freedom of expression lies the need to ensure that truth and thecommon good are attained, whether in scientific and artistic endeavours orin the process of determining the best course to take in our political affairs.[…] The message put forth by individuals who fall within the ambit of s.319(2) represents a most extreme opposition to the idea that members ofidentifiable groups should enjoy this aspect of the s. 2(b) benefit. Theextent to which the unhindered promotion of this message furthers freeexpression values must therefore be tempered insofar as it advocates withinordinate vitriol an intolerance and prejudice which view as execrable theprocess of individual self-development and human flourishing among allmembers of society. 3530. Sections 320 and 320.1 allow judges to authorize seizure of hate propaganda inhard copy or electronic form. Section 430(4.1) was added to the Criminal Codein 2001 creating the offence of mischief against places of religious worship orreligious property “motivated by bias, prejudice or hate based on religion, race,colour, or national or ethnic origin”. Finally, a court is directed by section718.2(a)(i) of the Criminal Code to treat, as an aggravating feature on sentencing,evidence that any offence was motivated, inter alia, by bias, prejudice or hatebased on religion as well as other enumerated grounds.34 Supra note 23.35 Supra note 23 at 762.15