Criminal Code

Marginal note:Warrant of seizure

• 320 (1) A judge who is satisfied by information on oath that there are reasonable grounds for believing that any publication, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is hate propaganda shall issue a warrant under his hand authorizing seizure of the copies.

• Marginal note:Summons to occupier

  (2) Within seven days of the issue of a warrant under subsection (1), the judge shall issue a summons to the occupier of the premises requiring him to appear before the court and show cause why the matter seized should not be forfeited to Her Majesty.

• Marginal note:Owner and author may appear

  (3) The owner and the author of the matter seized under subsection (1) and alleged to be hate propaganda may appear and be represented in the proceedings in order to oppose the making of an order for the forfeiture of the matter.

• Marginal note:Order of forfeiture

  (4) If the court is satisfied that the publication referred to in subsection (1) is hate propaganda, it shall make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.

• Marginal note:Disposal of matter

  (5) If the court is not satisfied that the publication referred to in subsection (1) is hate propaganda, it shall order that the matter be restored to the person from whom it was seized forthwith after the time for final appeal has expired.

• Marginal note:Appeal

  (6) An appeal lies from an order made under subsection (4) or (5) by any person who appeared in the proceedings

  • (a) on any ground of appeal that involves a question of law alone,

  • (b) on any ground of appeal that involves a question of fact alone, or

  • (c) on any ground of appeal that involves a question of mixed law and fact,

  as if it were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, on a question of law alone under Part XXI, and sections 673 to 696 apply with such modifications as the circumstances require.

• Marginal note:Consent

  (7) No proceeding under this section shall be instituted without the consent of the Attorney General.

• Marginal note:Definitions

  (8) In this section,

  court

  court means

  • (a) in the Province of Quebec, the Court of Quebec,

  • (a.1) in the Province of Ontario, the Superior Court of Justice,

  • (b) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench,

  • (c) in the Province of Newfoundland and Labrador, the Supreme Court, Trial Division,

  • (c.1) [Repealed, 1992, c. 51, s. 36]

  • (d) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, in Yukon and in the Northwest Territories, the Supreme Court, and

  • (e) in Nunavut, the Nunavut Court of Justice; (tribunal)

  genocide

  genocide has the same meaning as in section 318; (génocide)

  hate propaganda

  hate propaganda means any writing, sign or visible representation that advocates or promotes genocide or the communication of which by any person would constitute an offence under section 319; (propagande haineuse)

  judge

  judge means a judge of a court. (juge)