Blasphemy Laws In Canada: Are They A Concern?

Canada has a long history of outlawing blasphemy, with records of blasphemy being considered a criminal offence as early as the New France period. However, in December 2018, Canada repealed its blasphemy law, marking a significant shift in the country's legal landscape. This change was brought about by Bill C-51, which aimed to modernise and clean up the Criminal Code by removing outdated provisions, including the prohibition on publishing blasphemous libel. This move sparked a range of reactions, from celebrations of increased freedom of speech to concerns about religious freedom. Canada's experience with blasphemy laws and their eventual repeal offers valuable insights into the complex dynamics between religion, law, and society.

Canada's blasphemy law was repealed in 2018

Canada's blasphemy law, which had been in place since 1892, was finally repealed in 2018. The law, which criminalised "blasphemous libel", had been used to threaten prosecution against satire and criticism. While it was rarely enforced, the law had been used to threaten legal action against cinemas playing Monty Python's Life of Brian in 1979.

The repeal of the blasphemy law was the result of a national campaign by CFI Canada and Humanist Canada, who had been lobbying together to abolish it. The Liberal government introduced Bill C-51, which included the repeal of the blasphemy law, along with a number of other reforms aimed at removing "archaic" legislation. The bill passed on December 11, 2018, and with it, Canada's blasphemy law was consigned to history.

The repeal of the blasphemy law was part of a broader effort to update Canada's Criminal Code and remove provisions that had been found to be unconstitutional, obsolete, or redundant. Section 296 of the Criminal Code, which dealt with blasphemous libel, was one of several sections targeted for removal. The removal of this section sent a strong message about the role of religion in Canadian society and the importance of freedom of expression.

While Canada's blasphemy law had not been frequently enforced, its existence contradicted the country's commitment to human rights and freedom of expression. The repeal of the law brought Canada into alignment with other secular democracies that value the separation of church and state and the protection of individual rights and freedoms.

Blasphemous libel was a crime in Canada under Section 296 of the Criminal Code

The full text of Subsection (1) of Section 296 read:

> "Every one who publishes a blasphemous libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years."

The law also included a “good faith and decent language” defence, which stated:

> "No person shall be convicted of an offence under this section for expressing in good faith and in decent language, or attempting to establish by argument used in good faith and conveyed in decent language, an opinion on a religious subject."

Despite the existence of this law, blasphemy was rarely prosecuted in Canada. In the 117 years since the Criminal Code was enacted, there were only five reported cases of blasphemous libel being enforced. One notable example of an attempted prosecution was in 1979, when a priest tried to file charges against a cinema that screened the film Monty Python's Life of Brian. However, Ontario's Attorney General refused to prosecute, and the strong constitutional protections in Canada likely made any prison sentence unenforceable.

The repeal of the blasphemy law in Canada was part of a broader movement to abolish blasphemy laws in various countries, states, territories, and legal jurisdictions. In 2008, England and Wales abolished the common law offences of blasphemy and blasphemous libel, and in 2017, Denmark repealed its blasphemy law. While some countries have retained blasphemy laws, human rights experts argue for the importance of distinguishing between protecting individuals' freedoms and overly restricting freedom of speech.

Canada has always outlawed blasphemy

Canada has a long history of outlawing blasphemy, with the nation's legal system considering it a criminal offence. This prohibition has been in place since the early days of the New France period and has persisted through various eras, including "Upper" and "Lower" Canada, Confederation, and the enactment of the original Criminal Code. While Canada generally upholds human rights and freedoms, its Criminal Code previously included a law against "blasphemous libel", which remained on statute until December 2018.

Section 296 of the Criminal Code defined "blasphemous libel" as an indictable offence, punishable by imprisonment for up to two years. Despite this, the law was rarely enforced through actual prosecution. In the 117 years since the Criminal Code was enacted, there have only been five reported cases where the blasphemy law was applied. One notable case involved a priest who attempted to file charges against a cinema that screened Monty Python's "Life of Brian" in 1979, but Ontario's Attorney General refused to prosecute.

Canada's blasphemy law, or Section 296, was eventually repealed in December 2018 through the passing of Bill C-51. This bill aimed to clean up the Criminal Code by removing outdated or unconstitutional provisions, including those similar to those found unconstitutional by the courts. The repeal of the blasphemy law was the result of lobbying efforts by organisations such as CFI Canada and Humanist Canada, who campaigned to abolish it.

While Canada has a history of outlawing blasphemy, the nation has taken steps to modernise its Criminal Code and remove archaic legislation. The repeal of the blasphemy law demonstrates a shift towards prioritising freedom of speech and religion, bringing Canada in line with other countries that have abolished similar laws. This change sends a strong message and reinforces Canada's commitment to human rights and freedom of expression.

The blasphemy law repeal was part of a cleanup bill

Canada has a long history of outlawing blasphemy. From the early days of the New France period through to the Criminal Code's enactment, blasphemy has been considered a criminal offence. However, this law was rarely enforced, with only five reported cases of blasphemous libel prosecutions in 117 years. In 1927, Eugene Sterry was prosecuted for blasphemy, marking Canada's most famous case.

In 2016, an Alberta judge's controversial use of Section 230 of the Criminal Code—a section deemed unconstitutional in 1990—prompted the federal government to review and update the Criminal Code. This presented an opportunity to advocate for the removal of Section 296, the blasphemy law.

In May 2017, the Ministry of Justice introduced Bill C-51, which included the proposed repeal of Section 296, along with 38 other sections and subsections of the Criminal Code. This bill was part of a broader justice reform effort and aimed to remove outdated and archaic legislation. The blasphemy law, which had been in place since 1892, made blasphemous libel an indictable offence punishable by up to two years in prison. While the law provided a good faith and decent language defence, it was often used to threaten prosecution against satire and criticism.

Bill C-51 passed all three readings in the House of Commons and the Senate, receiving royal assent on December 11, 2018. With this, Canada's blasphemy law was officially repealed, marking a significant step towards strengthening freedom of speech and expression in the country.

Canada's blasphemy law was rarely enforced

Canada's blasphemy law, which was repealed in 2018, was rarely enforced. The law, which was enacted in 1892, stated that "blasphemous libel" was an indictable offence and was punishable by up to two years in prison. However, in the 117 years since the Criminal Code was enacted, there were only five reported cases of the law being enforced.

The majority of prosecutions occurred in the first half of the twentieth century. One of the most famous cases was that of Eugene Sterry in 1927. In 1979, a priest attempted to file charges against a cinema that screened Monty Python's Life of Brian, but Ontario's Attorney General refused to prosecute. Strong constitutional protections likely made the prison sentence truly unenforceable.

In 2017, the Ministry of Justice announced Bill C-51, which included the proposed abrogation of the blasphemy law. The bill was passed in December 2018, following a national campaign by CFI Canada and Humanist Canada to abolish the blasphemy law. The repeal of the blasphemy law was part of a larger effort to remove "archaic" legislation from the Criminal Code.

While Canada's blasphemy law was rarely enforced, it had been used to threaten prosecution against satire and criticism. The law's repeal ensures that freedom of expression and human rights are upheld in Canada.

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