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Is it Crime to Burn the Canadian Flag?

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发表于 12/17/2018 23:16:19 | 显示全部楼层 |阅读模式
Is it Crime to Burn the Canadian Flag?https://torontodefencelawyers.com/blog/is-it-a-crime-to/crime-burn-canadian-flag/

It is legal to burn the Canadian flag.


It is legal to burn the Canadian Flag, in Canada. The Canadian flag may be a symbol of Canadian nationality, associated with pride and a unified nation, however it’s not against the law to disrespect, deface, and destroy it. As burning the flag is a mode by which an individual may destroy it, it follows that it is not illegal to destroy it. There exists no legislation where burning the flag is a criminal action, under the Canadian Criminal Code or any other statue. However there are official government rules on flag etiquette that state that the Canadian flag “should not be subjected to indignity,” but there are no laws against desecration, such as burning, shredding, stomping, or spitting on it. These official etiquette rules simply express the Canadian Governments sentiments regarding flag burning, but there is no corresponding legislation by which the government may enforce this sentiment.  While some may find flag burning to be a disrespectful act, such acts are protected forms of expression under the Charter of Rights And Freedoms. Such laws, permitting forms of expression, are a reflection of the high value held for freedom of expression in Canadian society. As with all Charter rights, protected expression is subject to limits, as can be demonstrably justified in a free and democratic society,” but flag burning isn’t deemed to legally exceed these limits.

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There are many reasons why an individual may feel compelled to burn the Canadian flag. It is an anti-national expression protesters may use to demonstrate anger or frustration with the Canadian government.  It can be an expression of political anarchism, where an individual holds an anti-nation state position.  There have been historical incidents of protesters burning or otherwise destroying the Canadian Flag. In a 2012 at a Quebec separatist rally Canadian flags were stomped on and run over by cars in Montreal. This was an expression of the desire these protesters felt to separate from Canada and for Quebec to be an independent nation. None of these protesters faced criminal charges for destroying the Canadian flag in this incident. Similarly it is not illegal to burn an American flag in the United States. Popular American band, Rage Against the Machine burned an American flag on stage at Woodstock 1999, in protest. While it was frowned upon, they faced no criminal charges.

Typically more conservative nationalistic countries have laws that criminalize flag burning. Following is a list of countries where flag burning is illegal and therefore punishable by law: Austria, Brazil, China, Croatia, Denmark, Finland, Japan, India, France, Turkey, and Germany, among others. Turkey is an example of a Country that has strict laws prohibiting anti national expression. Under the 1983 Turkish flag law, burning the flag is strictly forbidden, punishable by a prison sentence of three years. There are other countries that similarly frown upon flag burning but do not have legislation to make this action illegal. Countries such as Belgium, United States and Australia allow for flag burning as a free expression not punishable by law.



 楼主| 发表于 12/17/2018 23:20:31 | 显示全部楼层



Drew Hudson, Lived in the U.S. Whole life, I know what going on in the News here
Answered Jun 6, 2016













According to title 18, section 333,
“Whoever mutilates, cuts, defaces, disfigures, or perforates, or unites or cements together, or does any other thing to any bank bill, draft, note, or other evidence of debt issued by any national banking association, or Federal Reserve bank, or the Federal Reserve System, with intent to render such bank bill, draft, note, or other evidence of debt unfit to be reissued, shall be fined under this title or imprisoned not more than six months, or both”
The destruction of U.S currency is a crime because it has value, and the destruction of currency causes inflation, damaging the U.S economy.
The destruction of the U.S flag is not a crime because, so long as you aren't comiting arson, is just an expression of the first amendment,as Rafeal Olmeda pointed out. The destruction of a U.S flag that was purchased, stimulates the U.S economy


















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