The Nizkor Project: Remembering the Holocaust (Shoah)

Ethnocultural Groups
The Justice System in Canada
A Review of the Issues

Hate Crimes, Hate Material
Hate Groups

293. File, Gaps in Obtaining Justice, sections 4.2.9. and 15.3.6.

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- 319.

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 year.

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 Martin Theriault, Hate Groups in Canada: Impact and Challenges (Ottawa: Ministry of Public Security Canada, unpublished), at 4-5.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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