It is true that the focus of most human rights legislation is acts rather than words. But if it is inappropriate and ineffective to criminalize discriminatory conduct, it must necessarily be unjustifiable to criminalize discriminatory expression falling short of conduct. 319 of the Criminal Code point to the fact that it applies only to wilful promotion of hatred, and not to promotion of any lesser emotion.
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Section 319 of the Code does not unduly impair freedom of expression. This section does not suffer from overbreadth or vagueness; rather, the terms of the offence indicate that s. 319 possesses definitional limits which act as safeguards to ensure that it will capture only expressive activity which is openly hostile to Parliament’s objective, and will thus attack only the harm at which the prohibition is targeted. The word “wilfully” imports into the offence a stringent standard of mens rea which significantly restricts the reach of s.
This reconstruction is set at dusk in a Eurasian forest. The subject matter of this tale inevitably makes it tougher than other parts of the book. Readers should either don thinking caps for the next ten pages, or skip now to page n8 and return to the tale when they want their neurons exercised. Incidentally, I have often wondered what a ‘thinking cap’ actually is. My benefactor Charles Simonyi, one of the world’s greatest computer programmers, is said to wear a special ‘debugging suit’ which may help to account for his formidable success. Ecus and Ouranopitfiecus all lived around the right time or slightly later.
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There are still ostriches in Arabia, and there are ostrich fossils in Asia, including India, and even in Europe. At that time, as now, Africa was connected to Asia via Arabia, and by this route the ostriches finally arrived, perhaps about 20 million years ago, in Africa where we now find them. According to Cooper, the ancestral ostriches were by no means the only animals to catch the India ferry to Asia. He suggests that India’s cargo of Gondwanan animals played a major part in the recolonisation of Asia after the catastrophe that killed the dinosaurs. The legend of the roc, the fabulous great bird with the strength to shift elephants, is a wonder of childhood.
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319 applies to all public expression. In short, the limitation on freedom of expression created by s. 319 of the Criminal Code invokes all of the values upon which s. The objective of the legislation is one of great significance, such significance that it is capable of outweighing the fundamental values protected by the Charter. The ultimate question is whether this objective is of sufficient importance to justify the limitation on free expression effected by s. In answering this question, the Court must consider not only the importance of the right or freedom in question and the significance of its limitation, but whether the way in which the limitation is imposed is justifiable.
While few may actually be prosecuted to conviction under s. 319, many fall within the shadow of its broad prohibition. These dangers are exacerbated by the fact that s.
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We have no fossil of the common ancestor we share with the chimpanzees, even though that was less than 10 million years ago. But we were able to guess, with misgivings, that the ancestor was most likely to have been, in Darwin’s famous words, a hairy quadruped, because we are the only ape that walks on its hind legs and has bare skin. Fossils can help us with our inferences, but mostly in the same kind of indirect way that living animals help us.
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The defence of truth, to be established by the accused on the balance of probabilities, is thus only considered if the Crown proves the components of s. Before looking at the effect which alternative responses to hate propaganda have upon the proportionality of s. 319, I should comment on a final argument marshalled in support of striking down s. 319 because of overbreadth or vagueness. 319 is impossible to define with exact precision — the same can be said for many laws, criminal or otherwise.
It would appear not, for the harm which the government seeks to prevent is not restricted to certain mediums and/or locations. To attempt to distinguish https://datingranking.org/ between various forms and fora would therefore be incongruent with Parliament’s legitimate objective. Accordingly, I move now to the issue of whether s.
