Class Notes (836,147)
Canada (509,656)
Criminology (722)
CRM 202 (23)
Lecture

CRM202: Week 10 (March 21) - Hate Crimes.docx

3 Pages
88 Views
Unlock Document

Department
Criminology
Course
CRM 202
Professor
Tammy Landau
Semester
Winter

Description
CRM202-021 – Week 9: Systemic Forms of Victimization - Hate Crimes in Canada 1. Hate Crimes and the Criminal Law in Canada - Advocating Genocide - Public Incitement of Hatred - Enhanced Sentencing Provisions 2. Limitations of Using the Criminal Law to Respond to Hate 3. Film: “Two Towns of Jasper” (PBS-83 min) 4. Results from Test 1 and Preliminary Bibliography 1. Hate Crimes and The Criminal Law in Canada Section 318: Advocating Genocide [the most serious, but the least common] The criminal act of "advocating genocide" is defined as supporting or arguing for the killing of members of an "identifiable group" — persons distinguished by their colour, race, religion or ethnic origin. The intention or motivation would be the destruction of members of the targeted group. Any person who promotes genocide is guilty of an indictable offence, and liable to imprisonment for a term not exceeding five years. 2. Section 319(1): Public Incitement of Hatred To contravene the Code, a person must:  communicate (by telephone, broadcasting or other audible or visible means) statements (words which may be spoken, written or recorded, gestures, and signs or other visible representations), • in a public place (ie one to which the public has access by right or invitation, express or implied), • incite hatred against an identifiable group, • in such a way that there will likely be a breach of the peace. [which right takes precedent? A clash of two forces between right of freedom of speech vs. the right to have peace = religion vs. choice such as abortion or sexuality] All the above elements must be proven for a court to find an accused guilty of either: • an indictable offence, for which the punishment is imprisonment for a term not exceeding two years; or • an offence punishable on summary conviction. Section 319(3) identifies acceptable defences. Indicates that no person shall be convicted of an offence if the statements in question: • are established to be true • were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds it was believed to be true • were expressed in good faith, it was attempted to establish by argument and opinion on a religious subject • were expressed in good faith, it was intended to point out, for the purpose of removal, matters tending to produce feelings of hatred toward an identifiable group in Canada Enhanced Sentencing Provisions for Hate Crimes [mitigating factors: first offenders, mental illness, show remorse] • The courts may define the motivations of hate, bias or prejudice as aggravating factors when sentencing an offender for other offences, such as assault, damage to property, threatening, or harassment. The result is usually a more severe punishment (section 718.2(a)(I)). 3. Limitations of the Criminal Law in Respondin
More Less

Related notes for CRM 202

Log In


OR

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit