The Nizkor Project: Remembering the Holocaust (Shoah)

Shofar FTP Archive File: orgs/canadian/canada/justice/ethnocultural-groups/ecg-012-03

Archive/File: orgs/canadian/canada/justice/ethnocultural-groups/ecg-012-03
Last-Modified: 1997/01/29
Source: Department of Justice Canada


293. File, Gaps in Obtaining Justice, sections 4.2.9. and

294. This commitment is formally stated in The Canadian
Multiculturalism Act. Bill C-93, "An Act for the
preservation and enhancement of multiculturalism in Canada,"
was passed by the House of Commons on July 12, 1988.

295. Criminal Code of Canada, R.S.C. 1985, c. C-45, s.318-

296. Ibid, section 318 is the "advocating genocide"
provision, while section 319 contains subsections with the
"public incitement of hatred" and "wilful promotion of
hatred" provisions.

297. Over 50 articles from various Canadian newspapers
relating to hate crimes have been collected within the last

298. Jack Kapoica "All minorities targets of racial
violence, experts say," Globe and Mail [Toronto], January 4,
1993, A-3.

299. Roger Gillespie, "Hate Hits Home: Groups tied to the
extreme right wing are systematically targeting gays, Jews
and visible minorities in Canada," The Ottawa Citizen
[Ottawa], (April 10, 1993, B-4.

300. Roger Gillespie, "Intolerance is as close as your
telephone or mailbox," The Ottawa Citizen [Ottawa], April
10, 1993, B-4.

301. Peter Hum, "Recruiting for 'holy racial war': Toronto
white supremist leaders pose as 'love-mongers' while
courting local youth," The Ottawa Citizen [Ottawa], May 1,
1993, C-3.

302. Ian Kagedan, "Bringing home the reality of hate
crimes," The Ottawa Citizen [Ottawa], January 8, 1993, A-ll.

303. Canadian Press, "Toronto recording company banks on
furore hate music creates," The Ottawa Citizen [Ottawa],
August 21, 1993, F-1.

304. See Jacquie Miller, "The murky world of hate: Ottawa
Police delving into racism walk a delicate legal tightrope,"
The Ottawa Citizen [Ottawa], June 26, 1993, C-3, where the
collection of hate crime data by the Ottawa Police Service's
Bias Crimes Unit is discussed.

305. File, Gaps in Obtaining Justice.

306. Martin Theriault, Hate Groups in Canada: Impact and
Challenges (Ottawa: Ministry of Public Security Canada,
unpublished), at 4-5. See also Stanley R. Barrett, Is God A
Racist: The Right Wing in Canada (Toronto: University of
Toronto Press, 1987), where a similar view of the extent of
hate groups in Canada is offered.

307. "Racial Bigotry growing, majority tell poll," The
Toronto Star [Toronto], August 12, 1993, A-21.

308. Gillespie, "Intolerance"; and Canadian Press, "Toronto
recording." See also Theriault, Hate Groups in Canada, where
he suggests that hate groups use a wide variety of means to
spread their messages and recruit newcomers.

309. Theriault, Hate Groups in Canada, at 5.

310. Canadian Press, "Toronto recording."

311. Maxwell Cohen, Report to The Minister of Justice of the
Special Committee on Hate Propaganda (Ottawa: Queens'
Printer, 1966).

312. Law Reform Commission of Canada, Working Paper 50: Hate
Propaganda (Ottawa: The Commission, 1986).

313. A FederaltProvincial Working Group on Hate Propaganda.

314. File, Gaps in Obtaining Justice.

315. Canada's Charter of Rights and Freedoms, in section 2
on 'fundamental freedoms,' guarantees: (a) freedom. of
conscience and religion; (b) freedom of thought, belief,
opinion and expression, including freedom of the press and
other media of communication; (c) freedom of peaceful
assembly; and (d) freedom of association. On the tension
between free speech and the protection of society from the
harmful effects of hate propaganda, see Derek Raymaker and
David Kilgour, "The Freedom to Promote Hate: What We Learned
From Jim Keegstra and Malcolm Ross," University of New
Brunswick Law Journal, 41, at 327-332.

316. Criminal Code of Canada, ss.3 18(3) and 319(6).

317. Ibid, ss.3 19(3).

318. File, Gaps in Obtaining Justice.

319. Gilmour, Hate-motivated Violence.

320. File, Gaps in Obtaining Justice.

321. Gilmour, Hate-motivated Violence.

322. Ibid.

323. Ibid.

324. Ibid.

325. See discussion above on where freedom of association is
guaranteed, and it is therefore unlikely t'nat it is
possible to ban or outlaw the existence of groups in Canada.

326. The issue of importation/exportation has received
increased attention since Ernst Zundel's appearance on the
CBC program "The Fifth Estate" (February 23, 1993). In
answer to a question about how many books, pamphlets, videos
etc., he sends out every year (Zundel exports materials to
Germany which deny the Holocaust), he answered; "Millions."
See also Mary Nemeth, and Tom Fennell. "Deny, deny, deny:
Ernst Zundel is back in action and on TV," Maclean's, August
30, 1993, at 19.

327. Theriault, Hate Groups in Canada, at footnote 14.

328. Ibid, at 10. 329 Ibid, at 5.

330. Ibid, at 12. 331 Hum, "Bringing home"; and Canadian
Press, "Toronto recording."

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