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Old 12-11-2005, 01:24 PM
Gamblor Gamblor is offline
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Join Date: Jan 2003
Location: Toronto
Posts: 2,085
Default Re: Holocaust Denial

The Canadian Ernst Zundel was jailed and deported even though he broke no law due to his stance on the holocaust.

Criminal Code s.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.

(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
two years; or

(b) an offence punishable on summary conviction.

Criminal Code

The leading case in this field is R. v. Buzzanga and Durocher (1980), 49 C.C.C. (2d) 369, (Ont. C.A.), in which the accused distributed tongue-in-cheek flyers satirizing hatred and were still charged under s.319(2). It ended up decided in favour of the Crown because even though they didn't have the requisite mens rea of promoting actual hatred, they knew it was likely to and it oblique intent is equally as culpable as direct intent.

The rest of your post is the saddest misconstruction of facts I've ever seen.
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