Sedition

Sedition is commonly defined as words or speech that cause citizens to rebel against the government or governing authority. According to s.59 of the Criminal Code, it is a crime to speak seditious words, publish a seditious libel or being party to a seditious conspiracy.

According to s.59 (1) of the Code, seditious words are those that "express a seditious intention." The Supreme Court of Canada has affirmed that anyone may "freely criticize the proceedings of courts of justice and of individual judges - in a free, and fair, and liberal spirit. But it must be without malignity, and not imputing corrupt or malicious motives." Section 60 of the Code reinforces this: no one is generally deemed to have a seditious intention merely because they intend, in good faith, to point out errors or defects in the administration of justice in Canada (s.60(b)(iii)). A person found guilty of speaking seditious words, publishing a seditious libel, or being party to a seditious conspiracy is liable on indictment to imprisonment for up to 14 years (s.61).

Under s. 59(2) of the Code, a seditious libel is simply one "that expresses a seditious intention." The phrase "brings into hatred or contempt, or excites disaffection" against the government or the Crown comes from the older English common-law definition of seditious intention, language that Canadian courts have examined at length. The Supreme Court of Canada has held that the common-law formulation alone is not sufficient. A conviction for seditious libel generally requires proof that the accused intended to incite violence or resistance to, or defiance of, constituted authority, not merely to create disaffection or ill-will. Publishing critical statements about the government, without that intent to incite unlawful action, does not amount to seditious libel. Conviction on indictment under s. 61 can result in up to 14 years in prison; there is no summary convictionLess-serious criminal offences route for this offence.

Section 59(3) of the Code defines a seditious conspiracy as an agreement between two or more persons to carry out a seditious intention. Under s.59(4), a person is presumed to have a seditious intention when they teach, advocate, or publish writing that advocates the use of force (without legal authority) as a means of accomplishing a governmental change within Canada.

According to s.59 (4) of the Code, seditious intention can be generally defined as advocating any course of action with the intent of "accomplishing a governmental change within Canada" without the authority of law.

To win a conviction the Crown prosecutor must show that you used written words or speech to stir up opposition to the government or a governing body with the intent or overthrowing it. However, s.60 of the Code makes it clear that citizens are allowed to "point out errors or defects" in the government and its policies or in the administration of justice in Canada, as long as that is done peacefully and lawfully.

Sedition is treated as an indictable offenceA more serious type of Canadian criminal offence. with a maximum punishment of 14 years in prison.

Section 60 sets out express exceptions. Acting in good faith, a person may criticize government action, point out errors or defects in the Government of Canada, a provincial government, Parliament, a legislature, or the administration of justice, urge lawful change by lawful means, or point out matters that produce feelings of hostility between groups in order to have them removed. None of that, on its own, is sedition.