Blasphemy

A friend was surprised to learn blasphemy is a crime in Canada. That is not, perhaps, surprising because prosecutions are quite rare.

In Canada, Blasphemous Libel is an offence under section 296(1) of the Criminal Code of Canada. It is punishable by up to 2 years in prison.

It is a defence in Canada that the accused was expressing an opinion on a religious subject provided that it is expressed in good faith and in decent language.
The crime itself is defined by the Courts in R. v. Rahard (1935), 48 CCC 1. In that case, the court adopted an argument that prosecutor E. J. Murphy had proffered in the case of R. v. Sperry (unreported) 1926. Mr. Murphy put the issue this way:

The question is, is the language used calculated and intended to insult the feelings of and the deepest religious convictions of the great majority of the persons amongst whom we live? If so, they are not to be tolerated any more than any other nuisance is tolerated. We must not do things that are outrages to the general feeling of propriety among the persons amongst whom we live.

Rare though it may be, and subject to challenge under the Charter, it remains a crime in Canada to publish a blasphemous libel
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777