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46 result(s)

  • 1.

    Bulletin of August 2, 2002 - 2002-08-02

    Bulletins

    Canadian Charter - Criminal - Criminal Law - Wilful promotion of hatred - Mens rea - Defences - Whether mens rea for wilful promotion of hatred includes wilful blindness - Whether statutory defence of good faith construed narrowly and unconstitutionally - Whether good faith requirement of statutory defence protects against   [...]  Applicant convicted of three counts of wilful promotion of hatred; Sentenced to three concurrent conditional terms of three months followed by two years probation

  • 2.

    Judgments to be Rendered in Leave Applications / Prochains jugements sur demandes d'autorisation - 2007-03-02

    News Releases

    Criminal Law - Offences - Wilful Promotion of Hatred - Elements of Offence - Meaning of “communicating” in s. 319(2) of the Criminal Code , R.S.C. 1985, c. C-46 - Whether wilful promotion of hatred requires that members of the public received the statements of hatred.   [...]  The respondent conceded that some of the lyrics promote hatred. June 9, 2004 Ontario Court of Justice (Hogg J.) Neutral citation: None   [...]  Respondent acquitted of fifteen charges of wilful promotion of hatred July 6, 2005 Ontario Superior Court of Justice

  • 3.

    SCR | RCS [1990] vol 3 - 1990-12-20

    Canada Supreme Court Reports

    Parliament promotes equality and moves against inequality when it prohibits the wilful public promotion of group hatred on these grounds.   [...]  But "hatred" does not stand alone. To convict, it must have been "wilfully promote[d]".   [...]  The most significant is the means by which the promotion of hatred is to be curbed. In Keegstra and Andrews, the method at issue was the crimi-nalization of wilful attempts to promote hatred against groups.

  • 4.

    Bulletin of February 25, 2005 - 2005-02-25

    Bulletins

    Criminal law B Hate propaganda B Wilful promotion of hatred B Whether Crown failed to prove that wilful promotion of hatred was against ARoma@ as particularized in information B Whether trial judge ought to have taken judicial notice of dictionary definitions demonstrating relationship between gypsies and Roma B Criminal   [...]  The gist of the offence under s. 319(2) is the wilful promotion of hatred against any identifiable group. In this case, the Crown particularized the group as ARoma@.   [...]   227 D.L.R. (4th) 504, 171 O.A.C. 369, 175 C.C.C. (3d) 112, [2003] O.J. No. 1920 (QL), affirming a decision of the summary conviction appeal court, 2002 CarswellOnt. 5516, affirming the acquittals by the Court of Justice on charges of wilfully promoting hatred, 2000 CarswellOnt. 5870. Appeal allowed and new trials ordered.

  • 5.

    Bulletin of March 9, 2007 - 2007-03-09

    Bulletins

    Criminal Law - Offences - Wilful Promotion of Hatred - Elements of Offence - Meaning of “communicating” in s. 319(2) of the Criminal Code , R.S.C. 1985, c. C-46 - Whether wilful promotion of hatred requires that members of the public received the statements of hatred.   [...]  The respondent conceded that some of the lyrics promote hatred. June 9, 2004 Ontario Court of Justice (Hogg J.) Neutral citation: None   [...]  Respondent acquitted of fifteen charges of wilful promotion of hatred July 6, 2005 Ontario Superior Court of Justice

  • 6.

    Bulletin of October 18, 2002 - 2002-10-18

    Bulletins

    Canadian Charter - Criminal - Criminal Law - Wilful promotion of hatred - Mens rea - Defences - Whether mens rea for wilful promotion of hatred includes wilful blindness - Whether statutory defence of good faith construed narrowly and unconstitutionally - Whether good faith requirement of statutory defence protects against   [...]  Applicant convicted of three counts of wilful promotion of hatred; Sentenced to three concurrent conditional terms of three months followed by two years probation

  • 7.

    Bulletin of June 30, 2005 - 2005-06-30

    Bulletins

    Under s. 319(1) of the Code , the offence of inciting hatred against an identifiable group is committed if such hatred is incited by the communication, in a public place, of statements likely to lead to a breach of the peace; under s. 319(2), the offence is committed only by wilfully promoting hatred against an identifiable  [...]  The section does not require proof that the communication caused actual hatred. The guilty mind required by s. 319(1) is something less than intentional promotion of hatred.   [...]  Under s. 319(2), the person committing the act must have had as a conscious purpose the promotion of hatred against the identifiable group or must have communicated the statements even though he or she foresaw that the promotion of hatred against that group was certain to result.

  • 8.

    Appeal Heard / Appel entendu - 2004-11-08

    News Releases

    On or about the 26th day of August, 1997, in the City of Scarborough, in the Toronto Region, and elsewhere in the Province of Ontario, did wilfully promote hatred against an identifiable group, to wit Roma, by communicating statements, including the written statements: "Honk if you hate Gypsies", "Canada is not a Trash

  • 9.

    SCR | RCS [2005] vol 2 - 2005-10-21

    Canada Supreme Court Reports

    (2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of [an offence]. 100 Section 319 creates two distinct offences in rela- tion to the incitement of hatred against an identifi-able group.   [...]  (2), an offence is com-mitted only by wilfully promoting hatred against an identifiable group through the communication of statements other than in private conversation.   [...]  (1) is something less than intentional promotion of hatred. On the other hand, the use of the word "wilfully" in subs.

  • 10.

    Judgments to be Rendered in Appeals / Prochains jugements sur appels - 2005-02-18

    News Releases

    On or about the 26th day of August, 1997, in the City of Scarborough, in the Toronto Region, and elsewhere in the Province of Ontario, did wilfully promote hatred against an identifiable group, to wit Roma, by communicating statements, including the written statements: "Honk if you hate Gypsies", "Canada is not a Trash

  • 11.

    SCR | RCS [2013] vol 1 - 2013-03-14

    Canada Supreme Court Reports

    They alleged that the material promoted hatred against individuals because of their sexual orien­ tation, thereby violating s. 14 of the Code.   [...]  Il n’est ni nécessaire ni suffisant que l’on ait fait ouvertement la promotion du traitement [2013] 1 R.C.S. SASKATCHEWAN (H.R.C.) c. WHATCOTT Le juge Rothstein protected group to hatred.   [...]  Mr. Whatcott therefore combined expression exposing homosexuals to hatred with expression promoting their discriminatory treatment. In my view, it was not unreasonable for the Tribunal to conclude that this expression was more likely than not to expose homosexuals to hatred.

  • 12.

    Agenda / Calendrier - 2004-10-27

    News Releases

    Criminal Law - Offences - Indecent act in public place - Accused found guilty of wilfully doing an indecent act in a public place in the presence of one or more persons - Whether there are circumstances which can convert the living room of a private residence into a “public place” - Whether the Court of Appeal   [...]  The Appellant was charged with one count under s. 173(1)(a) of wilfully doing an indecent act, masturbating, in a public place, in the presence of one or more persons and one count under s. 173(1)(b) of wilfully doing an indecent act, masturbating, in a place, a dwelling house, with intent to insult or offend any person .   [...]  On or about the 26th day of August, 1997, in the City of Scarborough, in the Toronto Region, and elsewhere in the Province of Ontario, did wilfully promote hatred against an identifiable group, to wit Roma, by communicating statements, including the written statements: "Honk if you hate Gypsies", "Canada is not a Trash

  • 13.

    SCR | RCS [2005] vol 1 - 2005-06-10

    Canada Supreme Court Reports

    R. v. Krymowski 101 Criminal law — Hate propaganda — Wilful promotion of hatred — Whether Crown failed to prove that wilful promotion of hatred was against "Roma" as particularized in infor-mation — Whether trial judge ought to have taken judicial notice of dictionary definitions demonstrating relationship between gypsies   [...]  The gist of the offence under s. 319(2) is the wilful promotion of hatred against any identifiable group. In this case, the Crown particularized the group as "Roma".   [...]  Hate propaganda - Wilful promotion of hatred - Whether Crown failed to prove that wilful promotion of hatred was against "Roma" as particularized in information - Whether trial judge ought to have taken judicial notice of dictionary defini-tions demonstrating relationship between gypsies and Roma - Criminal Code, R.S.C.

  • 14.

    Bulletin of January 14, 2022 - 2022-01-14

    Bulletins

    The Minister of Education published resources for teachers for the promotion of inclusive environments, policies and procedures in schools regarding sexual orientation and gender identity (“SOGI 123”).   [...]  Mr. Neufeld filed a defamation action against Mr. Hansman, identifying 11 specific publications in which Mr. Hansman allegedly made defamatory remarks that Mr. Neufeld promoted hatred, was discriminatory against gay and transgender students, acted with malice, and presented a safety risk to students.   [...]  I see no basis to suggest that the police wilfully disregarded Mr. Ali’s Charter rights. This factor favours admission.

  • 15.

    Bulletin of January 23, 2004 - 2004-01-23

    Bulletins

    Charges against adult Respondents for willful promotion of hatred against an identifiable group contrary to s. 319(2) of the Criminal Code dismissed   [...]  Applicant convicted of wilfully doing an indecent act in public contrary to s.173(1) (a) of the Criminal Code   [...]  Respondent acquitted of wilfully obstructing a peace officer contrary to s. 129 (a) of the Criminal Code

  • 16.

    Bulletin of May 26, 1995 - 1995-05-26

    Bulletins

    K was found guilty of wilful promotion of hatred against an identifiable group contrary to s. 319(2) of the Criminal Code .   [...]  L.R. (3d) 4, 157 A.R. 1, 77 W.A.C. 1, 92 C.C.C. (3d) 505, allowing the accused's appeal from his conviction for wilful promotion of hatred and ordering a new trial. Motion to quash dismissed.   [...]  Sections 56(1)(b) and 60(b) operate at the level of the couple and are designed to minimize the tax consequences of support payments, thereby promoting the best interests of the children by ensuring that more money is available to provide for their care.

  • 17.

    Part 1, 2021 Vol. 3 ([2021] 3 SCR 3-284) - 2021-10-29

    Canada Supreme Court Reports

    . . . (e) promote understanding and acceptance of, and com- pliance with, this Code and the regulations.   [...]  3 The objects of this Act are: (a) to promote recognition of the inherent dignity and the equal inalienable rights of all members of the hu- man family; and   [...]  The com- plainants, who had received the fl yers at their homes, argued that the material promoted hatred against individuals because of their sexual orientation — a prohibited ground recognized by the Saskatchewan statute.

  • 18.

    Bulletin of September 30, 2011 - 2011-09-30

    Bulletins

    The trial judge imposed a 33 month sentence for robbery with violence (a knife) and 15 days consecutive for mischief to property; 15 days consecutive for wilfully resisting a peace officer; 20 days concurrent for each of the other three convictions.   [...]  Sentence imposed: 33 months for the robbery; 15 days consecutive for mischief to property; 15 days consecutive for wilfully resisting a peace officer; 20 days each concurrent for the other three convictions   [...]  Four persons who received the flyers filed complaints alleging that the material in them “promotes hatred against individuals because of their sexual orientation” in violation of s. 14(1)(b) of the Code.

  • 19.

    SCR | RCS [1992] vol 2 - 1992-09-24

    Canada Supreme Court Reports

    It had been argued that s. 319(2) of the Criminal Code, R.S.C.; 1985, c. C-46, was too broad in its ambit ("wilfully pro-mot[ing] hatred against any identifiable group"), and could include expression that bears no rela-tionship with Parliament's objective in enacting the statute.   [...]  It is enough that those who publicly and wilfully promote hatred convey or attempt to convey a meaning ... . Similarly, constitutional protection under s. 2(b) must therefore be extended to the deliberate publi-cation of statements known to be false which con-vey meaning in a non-violent form.   [...]  There is very little chance that statements intended to promote hatred h against an identifiable group are true, or that their vision of society will lead to a better world.

  • 20.

    Bulletin of October 29, 2004 - 2004-10-29

    Bulletins

    Convictions for assault, sexual assault, uttering a death threat, extortion; Acquittal on count of wilful attempt to obstruct justice by threats May 19, 1998 Ontario Court of Justice   [...]  The Appellant was charged with one count under s. 173(1)(a) of wilfully doing an indecent act, masturbating, in a public place, in the presence of one or more persons and one count under s. 173(1)(b) of wilfully doing an indecent act, masturbating, in a place, a dwelling house, with intent to insult or offend any person .   [...]  On or about the 26th day of August, 1997, in the City of Scarborough, in the Toronto Region, and elsewhere in the Province of Ontario, did wilfully promote hatred against an identifiable group, to wit Roma, by communicating statements, including the written statements: "Honk if you hate Gypsies", "Canada is not a Trash

  • 21.

    Judgments to be Rendered in Leave Applications / Prochains jugements sur demandes d'autorisation - 2008-12-01

    News Releases

    Civil procedure - Contempt of court - Injunctions - Interlocutory or interim injunctions - Sentence - Is it possible for a party who has been found in contempt on the basis of a wilful and deliberate breach of a court order to mitigate the sanction for such contempt by collaterally attacking the order that he or she   [...]  The Superior Court dismissed the action on the basis, inter alia, that the Applicants had not established that the allegations were false or grossly inaccurate or had been published to promote hatred or derision. On appeal, 214 of the appellants discontinued their appeals.

  • 22.

    SCR | RCS [1995] vol 2 - 1995-07-20

    Canada Supreme Court Reports

    K was found guilty of wilful promotion of hatred against an identifiable group contrary to s. 319(2) of the Criminal Code.   [...]  L.R. (3d) 4, 157 A.R. 1, 77 W.A.C. 1, 92 C.C.C. (3d) 505, allowing the accused's appeal from his con-viction for wilful promotion of hatred and ordering a new trial. Motion to quash dismissed.   [...]  (2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of 387 a déposé une demande d'autorisation de pourvoi devant notre Cour le 31 octobre 1994.

  • 23.

    Bulletin of December 5, 2008 - 2008-12-05

    Bulletins

    Civil procedure - Contempt of court - Injunctions - Interlocutory or interim injunctions - Sentence - Is it possible for a party who has been found in contempt on the basis of a wilful and deliberate breach of a court order to mitigate the sanction for such contempt by collaterally attacking the order that he or she   [...]  The Superior Court dismissed the action on the basis, inter alia, that the Applicants had not established that the allegations were false or grossly inaccurate or had been published to promote hatred or derision. On appeal, 214 of the appellants discontinued their appeals.

  • 24.

    SCR | RCS [1998] vol 1 - 1998-09-17

    Canada Supreme Court Reports

    By John Wil-liam Strong, General Editor. St. Paul, Minn.: West Publishing, 1992.   [...]  These considerations under-mine the notion that we can draw a bright line between provisions which are justifiable because they require proof that hatred actually resulted, and provisions which are unjustifiable because they require only an intent to promote hatred.   [...]  The promotion of respect for human rights is one of the fundamental purposes of the United Nations.

  • 25.

    SCR | RCS [1995] vol 3 - 1995-10-19

    Canada Supreme Court Reports

    Sections 6 to 8 of the Act fall under the title "PROMOTION", and deal with various direct and indirect promotional activities involving tobacco products.   [...]  By John Wil-liam Strong, General Editor. St. Paul, Minn.: West Publishing Co., 1992.   [...]  By John Wil-liam Strong, General Editor. St. Paul, Minn.: West Publishing Co., 1992.