Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Publication in good faith for redress of wrong

315 No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter in good faith for the purpose of seeking remedy or redress for a private or public wrong or grievance from a person who has, or who on reasonable grounds he believes has, the right or is under an obligation to remedy or redress the wrong or grievance, if

• (a) he believes that the defamatory matter is true;

• (b) the defamatory matter is relevant to the remedy or redress that is sought; and

• (c) the defamatory matter does not in any respect exceed what is reasonably sufficient in the circumstances.

Marginal note:Proving publication by order of legislature

• 316 (1) An accused who is alleged to have published a defamatory libel may, at any stage of the proceedings, adduce evidence to prove that the matter that is alleged to be defamatory was contained in a paper published by order or under the authority of the Senate or House of Commons or the legislature of a province.

• Marginal note:Directing verdict

  (2) Where at any stage in proceedings referred to in subsection (1) the court, judge, justice or provincial court judge is satisfied that the matter alleged to be defamatory was contained in a paper published by order or under the authority of the Senate or House of Commons or the legislature of a province, he shall direct a verdict of not guilty to be entered and shall discharge the accused.

• Marginal note:Certificate of order

  (3) For the purposes of this section, a certificate under the hand of the Speaker or clerk of the Senate or House of Commons or the legislature of a province to the effect that the matter that is alleged to be defamatory was contained in a paper published by order or under the authority of the Senate, House of Commons or the legislature of a province, as the case may be, is conclusive evidence thereof.

Verdicts

Marginal note:Verdicts in cases of defamatory libel

317 Where, on the trial of an indictment for publishing a defamatory libel, a plea of not guilty is pleaded, the jury that is sworn to try the issue may give a general verdict of guilty or not guilty on the whole matter put in issue on the indictment, and shall not be required or directed by the judge to find the defendant guilty merely on proof of publication by the defendant of the alleged defamatory libel, and of the sense ascribed thereto in the indictment, but the judge may, in his discretion, give a direction or opinion to the jury on the matter in issue as in other criminal proceedings, and the jury may, on the issue, find a special verdict.

Hate Propaganda

Marginal note:Advocating genocide

• 318 (1) Every person who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

• Marginal note:Definition of genocide

  (2) In this section, genocide means any of the following acts committed with intent to destroy in whole or in part any identifiable group, namely,

  • (a) killing members of the group; or

  • (b) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.

• Marginal note:Consent

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

• Marginal note:Definition of identifiable group

  (4) In this section, identifiable group means any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.

Marginal note:Public incitement of hatred

• 319 (1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of

  • (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

  • (b) an offence punishable on summary conviction.

• Marginal note:Wilful promotion of hatred

  (2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of

  • (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

  • (b) an offence punishable on summary conviction.

• Marginal note:Wilful promotion of antisemitism

  (2.1) Everyone who, by communicating statements, other than in private conversation, wilfully promotes antisemitism by condoning, denying or downplaying the Holocaust

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Wilful promotion of hatred — terrorism and hate symbols

  (2.2) Everyone commits an offence who wilfully promotes hatred against any identifiable group by displaying, in any public place,

  • (a) a symbol that is principally used by, or principally associated with, a listed entity, as defined in subsection 83.01(1);

  • (b) the Nazi Hakenkreuz, the Nazi double Sig-Rune, also known as the SS bolts, or a noose; or

  • (c) a symbol that so nearly resembles a symbol described in paragraph (a) or (b) that it is likely to be a symbol described in paragraph (a) or (b).

• Marginal note:Punishment

  (2.3) Everyone who commits an offence under subsection (2.2)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Defences

  (3) No person shall be convicted of an offence under subsection (2)

  • (a) if he establishes that the statements communicated were true;

  • (b) [Repealed, 2026, c. 15, s. 4]

  • (c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or

  • (d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.

• Marginal note:Defences — subsection (2.1)

  (3.1) No person shall be convicted of an offence under subsection (2.1)

  • (a) if they establish that the statements communicated were true;

  • (b) [Repealed, 2026, c. 15, s. 4]

  • (c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds they believed them to be true; or

  • (d) if, in good faith, they intended to point out, for the purpose of removal, matters producing or tending to produce feelings of antisemitism toward Jews.

• Marginal note:Defences — subsection (2.2)

  (3.2) No person shall be convicted of an offence under subsection (2.2)

  • (a) if the display of the symbol was for a legitimate purpose, including a legitimate purpose related to journalism, education or art, that is not contrary to the public interest; or

  • (b) if, in good faith, the display of the symbol was intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.

• Marginal note:Forfeiture

  (4) If a person is convicted of an offence under subsection (1), (2), (2.1) or (2.2) or section 318, anything by means of or in relation to which the offence was committed, on such conviction, may, in addition to any other punishment imposed, be ordered by the presiding provincial court judge or judge to be forfeited to His Majesty in right of the province in which that person is convicted, for disposal as the Attorney General may direct.

• Marginal note:Exemption from seizure of communication facilities

  (5) Subsections 199(6) and (7) apply, with any modifications that the circumstances require, to subsection (1), (2), (2.1) or (2.2) or section 318.

• Marginal note:Clarification

  (6) For greater certainty, the communication of a statement does not incite or promote hatred, for the purposes of this section, solely because it discredits, humiliates, hurts or offends.

• Marginal note:Consent

  (6.1) No proceeding for an offence under subsection (2), (2.1) or (2.2) shall be instituted without the consent of the Attorney General.

• Marginal note:Definitions

  (7) In this section,

  communicating

  communicating includes communicating by telephone, broadcasting or other audible or visible means; (communiquer)

  hatred

  hatred means an emotion of an intense and extreme nature that is clearly associated with vilification and detestation; (haine)

  Holocaust

  Holocaust means the planned and deliberate state-sponsored persecution and annihilation of European Jewry by the Nazis and their collaborators from 1933 to 1945; (Holocauste)

  identifiable group

  identifiable group has the same meaning as in section 318; (groupe identifiable)

  public place

  public place includes any place to which the public have access as of right or by invitation, express or implied; (endroit public)

  statements

  statements includes words spoken or written or recorded electronically or electro-magnetically or otherwise, and gestures, signs or other visible representations. (déclarations)

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.

• 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) [Repealed, 2026, c. 11, s. 7]

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

  • (d) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, 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)

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

  • (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.