PART VIIIOffences Against the Person and Reputation (continued)
Hate Propaganda (continued)
Marginal note:Warrant of seizure
320 (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.
(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.
(7) No proceeding under this section shall be instituted without the consent of the Attorney General.
(8) In this section,
(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 has the same meaning as in section 318; (génocide)
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 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
320.1 (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
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).
(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.
(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 IXOffences Against Rights of Property
321 In this Part,
carte de crédit
credit card means any card, plate, coupon book or other device issued or otherwise distributed for the purpose of being used
document means any paper, parchment or other material on which is recorded or marked anything that is capable of being read or understood by a person, computer system or other device, and includes a credit card, but does not include trade-marks on articles of commerce or inscriptions on stone or metal or other like material; (document)
bon du Trésor
exchequer bill means a bank-note, bond, note, debenture or security that is issued or guaranteed by Her Majesty under the authority of Parliament or the legislature of a province; (bon du Trésor)
exchequer bill paper
papier de bons du Trésor
exchequer bill paper means paper that is used to manufacture exchequer bills; (papier de bons du Trésor)
false document means a document
(a) the whole or a material part of which purports to be made by or on behalf of a person
(b) that is made by or on behalf of the person who purports to make it but is false in some material particular,
(c) that is made in the name of an existing person, by him or under his authority, with a fraudulent intention that it should pass as being made by a person, real or fictitious, other than the person who makes it or under whose authority it is made; (faux document)
papier de revenu
revenue paper means paper that is used to make stamps, licences or permits or for any purpose connected with the public revenue. (papier de revenu)
- R.S., 1985, c. C-46, s. 321;
- R.S., 1985, c. 27 (1st Supp.), s. 42.
- Date modified: