Thank you, Mr. Chair.
Thank you, Ms. Lynch.
I am trying to understand, because we have to be careful before we amend a section of an act. I have read the Moon report. Actually, Mr. Moon will probably provide an explanation on this point.
In subsection 13(1), we read, and I quote:
... to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination.
Then subsection 3(1) reads as follows:
3. (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for which a pardon has been granted.
I think it would be difficult to amend section 13 as it now reads, because it is protected. We have section 318 of the Criminal Code, against genocide, but there is also subsection 319(1) of the Criminal Code, which provides:
319. (1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of ...
As well, the courts have held that a public place could be a something on a computer and available on the Internet, because it is public.
I don't understand why section 13 needs to be amended at this time, let alone repealed. What isn't working, since we have section 2 of the Charter and section 319 of the Code?