BILL C-413

An Act to amend the Criminal Code (promotion of hatred against Indigenous peoples)

This enactment amends the Criminal Code to create an offence of wilfully promoting hatred against Indigenous peoples by condoning, denying, downplaying or justifying the Indian residential school system in Canada through statements communicated other than in private conversation.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Wilful promotion of hatred — Indigenous peoples

(2.‍2) Everyone who, by communicating statements, other than in private conversation, wilfully promotes hatred against Indigenous peoples by condoning, denying, downplaying or justifying the Indian residential school system in Canada or by misrepresenting facts relating to it

• (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

• (b) is guilty of an offence punishable on summary conviction.

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Defences — subsection (2.‍2)

(3.‍2) No person shall be convicted of an offence under subsection (2.‍2)

• (a) if they establish that the statements communicated were true;

• (b) if, in good faith, they 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 they believed them to be true; or

• (d) if, in good faith, they intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward Indigenous peoples.

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Forfeiture

(4) If a person is convicted of an offence under subsection (1), (2), (2.‍1) or Insertion start (2.‍2) Insertion end or section 318, anything by means of or in relation to which the offence was committed, on such conviction, may, in addition to any other punishment imposed, be ordered by the presiding provincial court judge or judge to be forfeited to Insertion start His Insertion end Majesty in right of the province in which that person is convicted, for disposal as the Attorney General may direct.

Exemption from seizure of communication facilities

(5) Subsections 199(6) and (7) apply, with any modifications that the circumstances require, to subsection (1), (2), (2.‍1) or Insertion start (2.‍2) Insertion end or section 318.

Consent

(6) No proceeding for an offence under subsection (2), (2.‍1) or Insertion start (2.‍2) Insertion end shall be instituted without the consent of the Attorney General.

Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.‍ (peuples autochtones)