In Canada, freedom of speech is protected under section 2(b) of the Charter of Rights and Freedoms, but it is not absolute. Speech that encourages violence in any form is prohibited. Speech that specifically incites violence, public disorder, or other unlawful conduct against the government may be considered sedition under section 59 of the Criminal Code of Canada.
Examples of Sedition
Sedition may be in the form of speech, action, or publication. A climate protester who encourages civilians to throw paint on the walls of the House of Commons, could be charged with sedition, as could the civilians who throw paint or commit other acts of vandalism. A magazine editor who publishes an article suggesting readers e-mail death threats to Justin Trudeau could also be charged with sedition. More severe conduct against the government including hostage-taking, military misconduct, or coup d’état will also likely be considered sedition.
It is extremely uncommon to be criminally charged with sedition in Canada. If you have been charged with any criminal offence, contact a lawyer as soon as possible. They can help you understand the nature of the offence with which you’ve been charged, your legal rights, and any possible defence strategies. If you would like to speak with one of our highly skilled criminal lawyers, contact our office at (905) 541-2228 or fill out a free consultation form.
