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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2019-08-15 and last amended on 2019-08-15. Previous Versions

PART VIIIOffences Against the Person and Reputation (continued)

Hate Propaganda (continued)

Marginal note:Warrant of seizure

  •  (1) A judge who is satisfied by information on oath that there are reasonable grounds for believing that any publication, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is hate propaganda shall issue a warrant under his hand authorizing seizure of the copies.

  • Marginal note:Summons to occupier

    (2) Within seven days of the issue of a warrant under subsection (1), the judge shall issue a summons to the occupier of the premises requiring him to appear before the court and show cause why the matter seized should not be forfeited to Her Majesty.

  • Marginal note:Owner and author may appear

    (3) The owner and the author of the matter seized under subsection (1) and alleged to be hate propaganda may appear and be represented in the proceedings in order to oppose the making of an order for the forfeiture of the matter.

  • Marginal note:Order of forfeiture

    (4) If the court is satisfied that the publication referred to in subsection (1) is hate propaganda, it shall make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.

  • Marginal note:Disposal of matter

    (5) If the court is not satisfied that the publication referred to in subsection (1) is hate propaganda, it shall order that the matter be restored to the person from whom it was seized forthwith after the time for final appeal has expired.

  • Marginal note:Appeal

    (6) An appeal lies from an order made under subsection (4) or (5) by any person who appeared in the proceedings

    • (a) on any ground of appeal that involves a question of law alone,

    • (b) on any ground of appeal that involves a question of fact alone, or

    • (c) on any ground of appeal that involves a question of mixed law and fact,

    as if it were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, on a question of law alone under Part XXI, and sections 673 to 696 apply with such modifications as the circumstances require.

  • Marginal note:Consent

    (7) No proceeding under this section shall be instituted without the consent of the Attorney General.

  • Marginal note:Definitions

    (8) In this section,

    court

    court means

    • (a) in the Province of Quebec, the Court of Quebec,

    • (a.1) in the Province of Ontario, the Superior Court of Justice,

    • (b) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench,

    • (c) in the Province of Newfoundland and Labrador, the Supreme Court, Trial Division,

    • (c.1) [Repealed, 1992, c. 51, s. 36]

    • (d) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, in Yukon and in the Northwest Territories, the Supreme Court, and

    • (e) in Nunavut, the Nunavut Court of Justice; (tribunal)

    genocide

    genocide has the same meaning as in section 318; (génocide)

    hate propaganda

    hate propaganda means any writing, sign or visible representation that advocates or promotes genocide or the communication of which by any person would constitute an offence under section 319; (propagande haineuse)

    judge

    judge means a judge of a court. (juge)

  • R.S., 1985, c. C-46, s. 320
  • R.S., 1985, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2
  • 1990, c. 16, s. 4, c. 17, s. 11
  • 1992, c. 1, s. 58, c. 51, s. 36
  • 1998, c. 30, s. 14
  • 1999, c. 3, s. 29
  • 2002, c. 7, s. 142
  • 2015, c. 3, s. 49

Marginal note:Warrant of seizure

  •  (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material that is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, that is stored on and made available to the public through a computer system within the meaning of subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to

    • (a) give an electronic copy of the material to the court;

    • (b) ensure that the material is no longer stored on and made available through the computer system; and

    • (c) provide the information necessary to identify and locate the person who posted the material.

  • Marginal note:Notice to person who posted the material

    (2) Within a reasonable time after receiving the information referred to in paragraph (1)(c), the judge shall cause notice to be given to the person who posted the material, giving that person the opportunity to appear and be represented before the court and show cause why the material should not be deleted. If the person cannot be identified or located or does not reside in Canada, the judge may order the custodian of the computer system to post the text of the notice at the location where the material was previously stored and made available, until the time set for the appearance.

  • Marginal note:Person who posted the material may appear

    (3) The person who posted the material may appear and be represented in the proceedings in order to oppose the making of an order under subsection (5).

  • Marginal note:Non-appearance

    (4) If the person who posted the material does not appear for the proceedings, the court may proceed ex parte to hear and determine the proceedings in the absence of the person as fully and effectually as if the person had appeared.

  • Marginal note:Order

    (5) If the court is satisfied, on a balance of probabilities, that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, it may order the custodian of the computer system to delete the material.

  • Marginal note:Destruction of copy

    (6) When the court makes the order for the deletion of the material, it may order the destruction of the electronic copy in the court’s possession.

  • Marginal note:Return of material

    (7) If the court is not satisfied that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b).

  • Marginal note:Other provisions to apply

    (8) Subsections 320(6) to (8) apply, with any modifications that the circumstances require, to this section.

  • Marginal note:When order takes effect

    (9) No order made under subsections (5) to (7) takes effect until the time for final appeal has expired.

  • 2001, c. 41, s. 10
  • 2014, c. 31, s. 13

PART VIII.1Offences Relating to Conveyances

Interpretation

Marginal note:Definitions

 The following definitions apply in this Part.

analyst

analyst means a person who is, or a person who is a member of a class of persons that is, designated by the Attorney General under subparagraph 320.4(b)(ii) or paragraph 320.4(c). (analyste)

approved container

approved container means a container that is designed to receive a sample of a person’s blood for analysis and that is approved by the Attorney General of Canada under paragraph 320.39(d). (contenant approuvé)

approved drug screening equipment

approved drug screening equipment means equipment that is designed to ascertain the presence of a drug in a person’s body and that is approved by the Attorney General of Canada under paragraph 320.39(b). (matériel de détection des drogues approuvé)

approved instrument

approved instrument means an instrument that is designed to receive and make an analysis of a sample of a person’s breath to determine their blood alcohol concentration and that is approved by the Attorney General of Canada under paragraph 320.39(c). (éthylomètre approuvé)

approved screening device

approved screening device means a device that is designed to ascertain the presence of alcohol in a person’s blood and that is approved by the Attorney General of Canada under paragraph 320.39(a). (appareil de détection approuvé)

conveyance

conveyance means a motor vehicle, a vessel, an aircraft or railway equipment. (moyen de transport)

evaluating officer

evaluating officer means a peace officer who has the qualifications prescribed by regulation that are required in order to act as an evaluating officer. (agent évaluateur)

operate

operate means

  • (a) in respect of a motor vehicle, to drive it or to have care or control of it;

  • (b) in respect of a vessel or aircraft, to navigate it, to assist in its navigation or to have care or control of it; and

  • (c) in respect of railway equipment, to participate in the direct control of its motion, or to have care or control of it as a member of the equipment’s crew, as a person who acts in lieu of a member of the equipment’s crew by remote control, or otherwise. (conduire)

qualified medical practitioner

qualified medical practitioner means a person who is qualified under provincial law to practise medicine. (médecin qualifié)

qualified technician

qualified technician means

  • (a) in respect of breath samples, a person who is designated by the Attorney General under paragraph 320.4(a); and

  • (b) in respect of blood samples, a person who is, or a person who is a member of a class of persons that is, designated by the Attorney General under subparagraph 320.4(b)(i). (technicien qualifié)

vessel

vessel includes a hovercraft. (bateau)

  • 2018, c. 21, s. 15
 
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