Cameron Miranda
Canada had a blasphemy law in place since 1892, which was rarely enforced through prosecution. In 2016, Humanist and freethinking groups across Canada launched a petition to repeal the blasphemy law, which was signed by over 7400 Canadians. In 2017, the government introduced Bill C-51, which aimed to clean up the Criminal Code by removing unconstitutional provisions, including the blasphemy law. The bill passed in the House of Commons and the Senate in 2018 and received Royal Assent, officially repealing the blasphemy law in Canada.
| Characteristics | Values |
|---|---|
| Status of blasphemy law | Abolished in 2018 |
| Last conviction under blasphemy law | 1927 |
| Section of Criminal Code dealing with blasphemy | Section 296 |
| Punishment for blasphemy | Imprisonment for a term not exceeding two years |
| Number of prosecutions since enactment of Criminal Code | Five |
| Last serious attempt to decriminalize blasphemy | Woodsworth's bill |
| Organizations campaigning for repeal | CFI Canada, Humanist Canada, Canadian Secular Alliance, British Columbia Humanist Association |
| Date Bill C-51 passed third reading with amendments | October 30, 2018 |
| Date Bill C-51 received Royal Assent | December 13, 2018 |
Explore related products
What You'll Learn
Canada's blasphemy law was repealed in 2018
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, in recent years, there has been a growing movement to abolish these laws. In 2016, over 7,500 Canadians signed a Parliamentary e-petition calling for the repeal of the blasphemy law. This campaign, led by CFI Canada and Humanist Canada, gained momentum and resulted in the introduction of Bill C-51 in 2017, which included the proposed repeal of Section 296, the blasphemy law.
The bill faced some opposition from religious groups, particularly regarding the expected abrogation of Article C176, which criminalised threats and violence against the clergy. Despite this, the bill passed all three readings in the House of Commons and progressed to the Senate, where it passed its third reading with amendments on October 30, 2018. On December 6 and 10, 2018, the House of Commons considered and ultimately rejected these amendments, clearing the way for the bill's passage.
With the Senate's approval, the bill awaited Royal Assent by Governor General Julie Payette, which was granted on December 11, 2018. This marked a significant moment in Canadian history as the country's blasphemy law, Section 296 of the Criminal Code, was officially repealed. The law, dating back to 1892, stated that "blasphemous libel" was an indictable offence punishable by up to two years' imprisonment. While the law had rarely been enforced, its existence contradicted Canada's commitment to upholding human rights and freedoms.
The repeal of the blasphemy law in Canada was a victory for freedom of expression and a recognition that such archaic restrictions have no place in a modern society. It also sent a strong message to theocracies worldwide that Canada condemns the punishment of individuals for dissenting from religious orthodoxy. With the repeal, Canada joined a growing number of countries that have abolished blasphemy laws, strengthening the global campaign for freedom of speech.
Pre-Law Degree: A Path to Private Investigation?
You may want to see also
Explore related products
The blasphemy law was Section 296 of the Criminal Code
Canada has a long history of outlawing blasphemy. From the early days of New France, through the era of "Upper" and "Lower" Canada, and past Confederation, blasphemy has been considered a criminal offence. The blasphemy law, or Section 296 of the Criminal Code, stated that "blasphemous libel" was an indictable offence punishable by up to two years in prison. While this law was rarely enforced, it was used to threaten prosecution against satire and criticism. For example, 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.
The "blasphemous libel" law, or Section 296, was part of the original Criminal Code enacted 117 years ago and has been the subject of several notable prosecutions. One of the most famous cases was that of Eugene Sterry in 1927. Additionally, two Quebec-based public movements, Le ligue contre le blasphème (1926) and a campaign led by future Governor General Georges Vanier (1942), opposed blasphemy as a social evil. Despite strong constitutional protections, the blasphemy law remained on the statute books until it was repealed in 2018.
In 2016, several Canadian humanist groups circulated a petition to Parliament calling for the repeal of the blasphemous libel law. The government responded in January 2017, stating that the law was under review. On June 6, 2017, Justice Minister Jody Wilson-Raybould introduced Bill C-51, which included the repeal of Section 296. The bill passed both the House of Commons and the Senate on December 11, 2018, and received Royal Assent two days later, officially repealing the blasphemy law.
The repeal of the blasphemy law was the result of a national campaign by CFI Canada and Humanist Canada, who lobbied together to abolish it. Human rights activists around the world also called for the repeal to strengthen their campaigns for freedom of speech. While Canada has taken a step forward in repealing its blasphemy law, it is important to recognize that other countries, such as Denmark, have recently reinstated blasphemy laws, highlighting the ongoing global debate around freedom of speech and religious sensitivities.
Pet Legalities: Can You Sue for Your Dog?
You may want to see also
Explore related products
The law prohibited 'blasphemous libel'
Canada has a long history of outlawing blasphemy. From the early days of the New France period, through the era of "Upper" and "Lower" Canada, past Confederation, and the enactment of the original Criminal Code, blasphemy has been considered a criminal offence. However, prosecutions for blasphemy have been rare, with only five reported cases in the 117 years since the Criminal Code was enacted.
In Canada, blasphemous libel was a crime under Section 296 of the Criminal Code R.S.C., 1985, c. C-46. Subsection (1) stated: "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 provided a “good faith and decent language” defence, but it had been used to threaten prosecution against satire and criticism. For example, 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.
While the blasphemy law likely could not have resulted in a prison sentence due to strong constitutional protections, it remained on the statute books from 1892 until its repeal in 2018. The repeal followed a national campaign by CFI Canada and Humanist Canada, who lobbied together to abolish the law. The Senate passed Bill C-51 on December 11, 2018, repealing the blasphemy law and making several other reforms to remove “archaic” legislation.
The repeal of the blasphemy law in Canada is part of a broader movement towards freedom of speech and the protection of human rights. Human rights activists around the world have called for the repeal of blasphemy laws, arguing that they restrict freedom of speech and fail to adequately distinguish between the protection of individuals' freedoms and the restriction of speech.
Your Rights: Police Requests for Information
You may want to see also
Explore related products
The last conviction under the law was in 1927
Canada has a long history of outlawing blasphemy. From the early days of the New France period, through the era of "Upper" and "Lower" Canada, past Confederation, and the enactment of the original Criminal Code, blasphemy has been considered a criminal offence. However, actual prosecutions for blasphemy have been rare.
The last conviction for blasphemy in Canada was in 1927. Toronto atheist and Rationalist Society member Ernest Victor Sterry was convicted of blasphemy and sentenced to 60 days in jail. Sterry's case was Canada's most famous blasphemy prosecution. While the last conviction may have been in 1927, charges under blasphemy laws were used as recently as 1980.
In 1979, a priest attempted to file charges against a cinema that screened Monty Python's Life of Brian, a satirical film about the life and death of Jesus Christ. Ontario's Attorney General refused to prosecute. In the same year, an Anglican clergyman also tried to use blasphemy laws to censor a screening of the film but was unsuccessful.
In 2016, humanist and freethinking groups across Canada launched a Parliamentary e-petition calling for the repeal of Section 296 of the Criminal Code, which is Canada's blasphemy law. Over 7400 Canadians signed the petition. In response to the petition, the government included the repeal of Section 296 in its bill to modernise the criminal code.
In 2017, the Ministry of Justice announced Bill C-51, which included the proposed repeal of blasphemy laws. The bill passed in 2018, officially repealing Canada's blasphemy law.
Federal Arrests: State Warrants and Their Complexities
You may want to see also
Explore related products
The law was rarely enforced through prosecution
Canada has a long history of outlawing blasphemy. From the early days of the New France period, through the era of "Upper" and "Lower" Canada, past Confederation, and the enactment of the original Criminal Code, blasphemy has been considered a criminal offence. However, despite this long-standing prohibition, the law has rarely been enforced through prosecution. In the 117 years since the Criminal Code was enacted, there have been only five reported cases where the blasphemous libel provision was enforced.
The last serious attempt to decriminalize blasphemy in Canada was Woodsworth's bill, which occurred around the time of the country's most famous blasphemy prosecution, that of Eugene Sterry in 1927. Sterry, a Toronto atheist and Rationalist Society member, was convicted of blasphemy and sentenced to 60 days in jail. This case stands out as one of the rare instances where the blasphemy law was actively prosecuted and resulted in a conviction.
While the law remained on the books, it was rarely used to pursue legal action. In one notable example, a priest 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. Similarly, in the 1980s, the owners of a movie theatre in Sault Ste. Marie were charged with blasphemous libel for screening the same film, but the case did not lead to a conviction. These instances highlight the infrequent and selective enforcement of the blasphemy law in Canada.
The lack of enforcement can be attributed to various factors, including strong constitutional protections for freedom of expression and the recognition that the law was outdated and inconsistent with Canada's commitment to upholding human rights and freedoms. As a result, the blasphemy law in Canada was often seen as a "zombie" law, remaining on the books but lacking legal force or practical application. This changed in 2018 when, following a national campaign by human rights activists and organizations, the Senate repealed the blasphemy law through the passing of Bill C-51.
Notarizing In-Laws: Georgia Notary's Role
You may want to see also
Frequently asked questions
No, Canada repealed its blasphemy law in 2018.
The blasphemy law in Canada was a law against "blasphemous libel". Section 296 of the Criminal Code stated that "blasphemous libel" is an indictable offence and is punishable by imprisonment for a term not exceeding two years.
In May 2017, the Ministry of Justice announced Bill C-51, which included the proposed abrogation of the blasphemy law. The bill passed all three readings in the House of Commons and was then considered by the Senate. The Senate agreed to the bill in December 2018, and it received Royal Assent, officially repealing the blasphemy law.
