So from what I can see, on 23 June 2022, "denying or downplaying the Holocaust" officially became a criminal offense in Canada, punishable by up to 2 years imprisonment. Publicly questioning the official "Holocaust" narrative is considered a form of "antisemitism" and sharing/reposting any material disputing the official narrative is a criminal offense unless the purpose of sharing the information was to point it out "for the purpose of removal."
The only defense is if the accused can prove the statements to be true.
Additionally, anything allegedly used to communicate the ideas will be forfeited over. That would be cellphone and computer.
The original bill was dropped for another one:
https://www.parl.ca/legisinfo/en/bill/44-1/c-250 C-250
44th Parliament, 1st session
November 22, 2021, to present
An Act to amend the Criminal Code (prohibition — promotion of antisemitism)
Bill type
Private Member’s Bill
Sponsor
Kevin Waugh (Saskatoon—Grasswood)
This bill was not proceeded with on September 20, 2022
Notes
On May 11, 2022, the Speaker of the House of Commons made a statement on the similarities between Bill C-250 and Bill C-19, and under the provisions of Standing Order 94(1), ordered that the status of Bill C-250 remain pending and that it not be called for its second hour of debate.
On September 20, 2022, the Speaker of the House of Commons ordered that the order for the second reading of Bill C-250 be discharged and that the bill be dropped from the Order Paper.
The other bill:
https://www.parl.ca/legisinfo/en/bill/44-1/c-19 C-19
44th Parliament, 1st session
November 22, 2021, to present
An Act to implement certain provisions of the budget tabled in Parliament on April 7, 2022 and other measures
Short title: Budget Implementation Act, 2022, No. 1
Bill type
House Government Bill
Sponsor
Deputy Prime Minister and Minister of Finance
This bill received royal assent on June 23, 2022
Statutes of Canada 2022, c. 10
On the about tab, there's a legislative summary PDF:
https://lop.parl.ca/staticfiles/PublicW ... -C19-E.pdfFrom page 54-55 (59-60 of the PDF):
2.5.21 Division 21: Amendments to the Criminal Code
Clause 332 amends section 319 of the CC108 by adding a new offence that criminalizes the wilful promotion of antisemitism by condoning, denying, or downplaying the Holocaust, except in private conversation. It also adds a definition of the “Holocaust” to section 319(7), which is “the planned and deliberate state-sponsored persecution and annihilation of European Jewry by the Nazis and their collaborators from 1933 to 1945.” 109
Various federal, provincial, and territorial laws across Canada target hate promotion and crimes motivated by hatred, including human rights laws and the CC.110 Canadian courts have examined and largely supported the constitutionality of restricting the right to free expression found in section 2(b) of the Canadian Charter of Rights and Freedoms 111 in order to address the harms of hate promotion, so long as this right is minimally impaired, among other things.112 The Supreme Court of Canada has also examined what constitutes “hate” for the purposes of these laws, which among other things centres on the detestation or vilification of an identifiable group of individuals. 113
Recent discussions, forums, and studies have raised concerns about the spread of hatred targeting various groups in Canadian society, including antisemitism.114 Statistics Canada reported that hate crimes against the Jewish population in Canada rose in 2020 and it was the second most targeted group, after the Black population.115
Sections 318 to 320.1 of the CC set out the various criminal offences targeting hate propaganda and procedural considerations that apply when investigating or prosecuting them. These offences include a prohibition against advocating or promoting genocide (section 318(1)); a prohibition against communicating statements in a public place that incite hatred against any identifiable group where such incitement is likely to lead to a breach of the peace (section 319(1)); and a prohibition against communicating, except in private conversation, statements that wilfully promote hatred against an identifiable group (section 319(2)). Spreading hatred against persons based on their Jewish ancestry or religion is therefore covered by these sections, though they do not specifically target the promotion of Holocaust denial.
As with the three offences mentioned above, a person found guilty of committing the new offence in section 319(2.1) may be punished with a sentence of up to two years on indictment and up to two years less a day and/or a fine of up to $5,000 on summary conviction.116
Four defences are included with the new antisemitism offence. Three of these are identical to the first three existing defences that apply to section 319(2), whereas the fourth is specific to the new offence. The Supreme Court has noted that the inclusion of such defences helps protect the right of free expression when criminalizing hate speech and addressing the harms it causes.117 New section 319(3.1) adds that no person shall be convicted under 319(2.1) if they can establish that:
• “the statements communicated were true”;
• they expressed or attempted to establish in good faith “an opinion on a religious subject” or that is “based on a belief in a religious text”;
• “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
• they intended, in good faith, to point out for the purpose of removal, “matters producing or tending to produce feelings of antisemitism toward Jews.”
Sections 319(4) to 319(6) are amended to add new section 319(2.1) into existing provisions concerning the seizure of items in the execution of search warrants; permitting judicial orders for the forfeiture of “anything” used in the commission of the offence; and, requiring that the consent of the attorney general be obtained to initiate proceedings for these offences.
From the Canadian government:
Criminal Code (R.S.C., 1985, c. C-46) (Act current to 2022-09-22 and last amended on 2022-06-23)
https://laws-lois.justice.gc.ca/eng/act ... n-319.htmlPublic incitement of hatred
319 (1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
Wilful promotion of hatred
(2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
Wilful promotion of antisemitism
(2.1) Everyone who, by communicating statements, other than in private conversation, wilfully promotes antisemitism by condoning, denying or downplaying the Holocaust
(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.
Defences
(3) No person shall be convicted of an offence under subsection (2)
(a) if he establishes that the statements communicated were true;
(b) if, in good faith, the person 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 he believed them to be true; or
(d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.
Defences — subsection (2.1)
(3.1) No person shall be convicted of an offence under subsection (2.1)
(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 antisemitism toward Jews.
Forfeiture
(4) If a person is convicted of an offence under subsection (1), (2) or (2.1) 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 Her 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) or (2.1) or section 318.
Consent
(6) No proceeding for an offence under subsection (2) or (2.1) shall be instituted without the consent of the Attorney General.
Definitions
(7) In this section,
communicating includes communicating by telephone, broadcasting or other audible or visible means; (communiquer)
Holocaust means the planned and deliberate state-sponsored persecution and annihilation of European Jewry by the Nazis and their collaborators from 1933 to 1945; (Holocauste)
identifiable group has the same meaning as in section 318; (groupe identifiable)
public place includes any place to which the public have access as of right or by invitation, express or implied; (endroit public)
statements includes words spoken or written or recorded electronically or electro-magnetically or otherwise, and gestures, signs or other visible representations. (déclarations)
R.S., 1985, c. C-46, s. 319R.S., 1985, c. 27 (1st Supp.), s. 2032004, c. 14, s. 22022, c. 10, s. 332
I wasn't able to find any news articles announcing this change, so inform any Canadian friends you have about this new change to the criminal code.
