Editing Blasphemous libel (section)

==Canada==
{{See also|Hate speech laws in Canada}}

===Summary of offence and defence===
Blasphemy and Blasphemous libel were common law offences before the Criminal Code Act of 1892 abolished the common law offence of Blasphemy but included the offence of Blasphemous libel. Before repeal in December 2018, blasphemous libel was an offence under section 296 of the [[Criminal Code (Canada)|Criminal Code]] of Canada.

{{quote|296
(1) Every one who publishes a blasphemous libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years

(2) It is a question of fact whether or not any matter that is published is a blasphemous libel.

(3) No person shall be convicted of an offence under this section for expressing in good faith and in decent language, or attempting to establish by argument used in good faith and conveyed in decent language, an opinion on a religious subject.}}

It was an [[indictable offence]] punishable with imprisonment for a term not exceeding two years.<ref>Criminal Code, RSC 1985, c C-46, s. 296; formerly s 260 of the Criminal Code, RSC 1970, c C-34.</ref> The offence of blasphemous libel, like all other laws of Canada, was subject to section 2 of the [[Canadian Charter of Rights and Freedoms]], which protects freedom of expression.  Before the law's repeal, no court was asked to consider whether blasphemous libel was consistent with the Charter's guarantee of freedom of expression, which came into force in 1982.<ref>{{cite journal |last1=Patrick |first1=Jeremy |title=Not Dead, Just Sleeping: Canada's Prohibition in Blasphemous Libel as a Case Study on Obsolete Legislation |journal=University of British Columbia Law Review |date=2008 |volume=41 |issue=2 |page=237 }}</ref>

===Last prosecution: ''R v Rahard'' (1935)===
The last prosecution of a charge of blasphemous libel was in 1935, in ''R v Rahard'', in Quebec.<ref>''R v Rahard'', [1936] 3 D.L.R. 230 (Court of Sessions of the Peace, Quebec, 1935).</ref> In that case, the court adopted an argument that prosecutor E. J. Murphy had proffered in the case of ''R v Sperry'' (unreported) in 1926. Mr. Murphy put the issue this way:

{{quote|The question is, is the language used calculated and intended to insult the feelings of and the deepest religious convictions of the great majority of the persons amongst whom we live?  If so, they are not to be tolerated any more than any other nuisance is tolerated. We must not do things that are outrages to the general feeling of propriety among the persons amongst whom we live.<ref>48 ''Canadian Criminal Cases'' 1.</ref>}}

In ''Rahard'', the Court found the Rev. Victor Rahard of the [[Anglican Church of Canada]] guilty of blasphemous libel for his aspersions upon the Roman Catholic Church.<ref>The information on blasphemous libel in Canada comes from ''Tremeear's Annotated Criminal Code'' (published annually).</ref>

The words "calculated and intended to insult the feelings and the deepest religious convictions of the great majority of the persons amongst whom we live", which the court used, were adopted from the summing up of Lord Coleridge, LCJ. in ''R v Bradlaugh''.<ref>''R v Bradlaugh'' (1883), 15 [[Cox's Criminal Cases|Cox CC]] 217 at 230.  The court also cited ''R. v St Martin'' (1933), 40 Rev. de Jur. 411.  ''Cf''. ''R v Kinler'' (1925). 63 Que. S.C. 483.</ref><ref>The [[Law Commission (England and Wales)|Law Commission]]. Offences against Religion and Public Worship. Working paper no. 79. 1981. para. 4.7 and note 181 at p. 46</ref>

===Repeal===
On 6 June 2017, Bill C-51<ref>{{cite web|url=http://www.justice.gc.ca/eng/csj-sjc/pl/cuol-mgnl/c51.html|title=Bill C-51, ''An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act''|author=<!--Not stated-->|date=31 October 2017|website=[[Department of Justice (Canada)|Department of Justice]]|access-date=9 May 2018}}</ref> was introduced into the [[42nd Canadian Parliament]] by the [[Minister of Justice (Canada)|Minister of Justice]] to repeal the blasphemous libel law, among other provisions that were found to be unconstitutional or obsolete.<ref>{{cite web|url=https://globalnews.ca/news/3512946/commentary-at-long-last-canadas-blasphemy-law-is-dead/|title=COMMENTARY: At long last, Canada's blasphemy law is dead|last=Breakenridge|first=Rob|date=10 June 2017|website=[[Global News]]|access-date=9 May 2018}}</ref> The bill passed the [[House of Commons of Canada|House of Commons]] on 11 December 2017.<ref>{{cite web|url=http://www.ourcommons.ca/DocumentViewer/en/42-1/house/sitting-249/journals|title=Journals No. 249 - Monday, December 11, 2017 - House of Commons of Canada|author=<!--Not stated-->|date=11 December 2017|website=[[House of Commons of Canada]]|access-date=13 December 2018}}</ref> The [[Senate of Canada|Senate]] passed the bill with amendments on 30 October 2018.<ref>{{cite web|url=https://sencanada.ca/en/content/sen/chamber/421/debates/241db_2018-10-30-e?language=e|title=Debates|author=<!--Not stated-->|date=30 October 2018|website=[[Senate of Canada]]|access-date=13 December 2018}}</ref> The House, however, notified the Senate on 10 December that it disagreed with the amendments, so on 11 December the Senate voted not to insist on them and the bill was passed.<ref>{{cite web|url=https://sencanada.ca/en/content/sen/chamber/421/debates/261db_2018-12-11-e?language=e|title=Debates|author=<!--Not stated-->|date=11 December 2018|website=[[Senate of Canada]]|access-date=13 December 2018}}</ref> On 13 December, the [[Governor General of Canada|governor general]] formally granted [[Royal assent#Canada|royal assent]] making the repeal official.<ref>{{cite web |title=Statutes of Canada 2018 Chapter 29 Bill C-51 |url=http://www.parl.ca/DocumentViewer/en/42-1/bill/C-51/royal-assent |publisher=Parliament of Canada |access-date=6 March 2019}}</ref><ref>{{cite web|url=https://www.parl.ca/LegisInfo/BillDetails.aspx?Language=E&billId=9002286|title=LEGISinfo - House Government Bill C-51|author=<!--Not stated-->|date=13 December 2018|website=[[Parliament of Canada]]|access-date=13 December 2018}}</ref><ref>{{cite web|url=https://www.cbc.ca/news/politics/liberals-cote-election-reform-1.4945681|title=Liberals' election reform bill becomes law on last day of parliamentary sitting|last=Zimonjic|first=Peter|date=13 December 2018|website=[[CBC News]]|access-date=13 December 2018|quote=C-51 was made law Thursday}}</ref>