Since the first Criminal Code in 1892, Canada has had a statute prohibiting the publication of a "blasphemous libel."
The Code does not define "blasphemous libel" but at common law it is the publication of material which exposes the Christian religion to scurrility, vilification, ridicule and contempt, and the material must have the tendency to shock and outrage the feelings of Christians.
"Blasphemous libel" is an indictable offence under section 296(1) of the Code punishable by up to 2 years in prison.
There have been five reported prosecutions for the offence over the years, the last in 1935. Although it hasn't been used in over 70 years, dead laws don't always stay dead: England's prohibition on blasphemy, for example, was inert for 55 years before leading to a conviction in 1977 and Ireland's remained unused for 141 years before a prosecution was brought in 1996.
Presumably the equality provisions of the Charter would not grant priority to Christian feelings so an attack on Islam or Judaism could amount to an offence.
A year ago Ireland proposed a new blasphemy law. "Blasphemous matter" was defined as matter "that is grossly abusive or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial number of the adherents of that religion; and he or she intends, by the publication of the matter concerned, to cause such outrage."
We may see some prosecutions under what had been seen a dead letter... .
6 comments:
Do you support this? Me, I believe it to be an utterly stupid law, an anachronism of the past, and any attempt to enforce it would be a farce. Still, if you propose to enforce it against Muslim bashers might I suggest the first prosecution should be for this or this.
While blasphemy laws in our modern Western secular society are anachronistic, at least the sentences are so-many years. In Islam since day one blasphemy has been treated with execution under Sharia, which is still in effect in many countries including Saudi Arabia. Study Islam's complete history online free with the Historyscoper and see how deep the rabbit hole goes at http://go.to/islamhistory
Oh dear -- no, I think the law is absurd. Offensive speech about religion is offensive but it shouldn't be a crime.
"THEY CAME FIRST for the Communists,
and I didn't speak up because I wasn't a Communist.
THEN THEY CAME for the Jews,
and I didn't speak up because I wasn't a Jew.
THEN THEY CAME for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.
THEN THEY CAME for me
and by that time no one was left to speak up."
Martin Niemöller
Please remember the above. Hate is hate and it is very destructive thus it should be a crime.
"Please remember the above. Hate is hate and it is very destructive thus it should be a crime."
Attempting to extricate all religion from the laws, educational institutions, national anthem and constitution of Canada is not a hate crime.....it is called common sense.
Religion has nothing to contribute and therefore no place in any of the above
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