Thank you.
My specific problem with section 13 are the words “is likely to expose”, and the sort of predictive element that is quite explicit in the drafting of that section. I listened to you very carefully, Mr. Freiman, use the words “dehumanizatio” and “demonizatio”. I guess the problem that I still have is with respect to who gets to decide what is demonizing and what is dehumanizing. It's a very subjective test. I just make that as a point.
My question is for Professor Moon. I must say, when I read your report over the summer I thought it was well researched and well thought out, and I certainly agree with your conclusions.
I believe, with respect to this incident on the weekend with the headstones, certainly the Criminal Code has prohibitions on vandalism, mischief, and trespassing. So I agree with your ultimate conclusion that the Criminal Code is the best place to deal with all of these issues. But I'm curious, if you believe that we're going to leave this matter to the Criminal Code, if it's also going to require an amendment to section 319. When I look at subsection 319(2), it provides a number of defences, but not promoting or agitating or supporting violence is not a defence to a charge under section 319.