It was the evidentiary burden beyond a reasonable doubt that he intended to incite hate.
There are other problems. In subsection 13(1) it has to undermine public peace, so to speak. There are problems in subsection 13(2), where you have to get the Attorney General's consent. As Ms. Mahoney has already pointed out, it's not as comprehensive as what you find under the Human Rights Act. It deals significantly with racial issues and religion, but it doesn't deal with other aspects of discrimination the way the Human Rights Act does. So there are a number of areas where it falls short.