Is it Crime to Burn the Canadian Flag?

In Canada, burning the Canadian Flag is considered legal. Although the flag is a symbol associated with Canadian nationality, pride, and a unified nation, disrespecting, defacing, and destroying it is not against the law. The act of burning the flag is one way an individual may choose to destroy it, implying that destroying it is not illegal.

Legal Status of Burning a Flag in Canada

No legislation exists under the Canadian Criminal Code or any other statute that considers burning the flag a criminal action. There may be official government etiquette rules stating that the Canadian flag “should not be subjected to indignity,” but there are no specific laws against actions of desecration which include burning, shredding, stomping, or spitting on the flag. These etiquette rules are an expression of the Canadian Government’s sentiment towards flag burning, but they cannot enforce this sentiment as there is no corresponding legislation.

Flag burning, although seen as disrespectful by some, is protected as a form of expression under the Charter of Rights and Freedoms. These laws showcase the value Canadians place on freedom of expression. Like all Charter rights, this expression is subject to limits “demonstrably justified in a free and democratic society,” yet flag burning is not considered to legally exceed these limits.

Possible Contexts and Motivations for Flag Burning

Individuals may feel compelled to burn the Canadian flag for a myriad of reasons. It serves as an anti-national expression, often used by protesters to manifest their anger or frustration towards the Canadian government. It can also symbolize an expression of political anarchism, signifying an individual’s anti-nation state stance. 

Historical Incidents of Burning the Canadian Flag

History records incidents where protesters have burnt or otherwise destroyed the Canadian Flag. One such incident occurred in 2012, at a Quebec separatist rally where the Canadian flags were subjected to being stomped upon and run over by cars in Montreal. The act served as an expression of the protesters’ desire for Quebec to separate from Canada and become an independent nation. Notably, none of these protesters faced criminal charges for destroying the Canadian flag in this event.

Also, burning an American flag is not deemed illegal in the United States. A popular American band, Rage Against The Machine, burnt an American flag in protest on stage at Woodstock in 1999. Despite the action being frowned upon, they faced no legal charges.

Comparison with International Laws 

In comparison to some more conservative nationalistic countries, these have laws that criminalize flag burning. A list of such countries where flag burning is legislated as illegal and punishable by law includes Austria, Brazil, China, Croatia, Denmark, Finland, Japan, India, France, Turkey, and Germany among others. For instance, Turkey enforces strict laws prohibiting anti-national expression under the 1983 Turkish flag law. Burning the flag in Turkey is strictly forbidden, and it can lead to a prison sentence of three years.

On the other hand, some countries hold a differing stance and frown upon flag burning without having legislation that makes the act illegal. These countries, like Belgium, the United States, and Australia, acknowledge flag burning as a free expression not punishable by law.

Consult a Criminal Defence Lawyer in Toronto

While burning the Canadian flag may be controversial, it is not a criminal offence under Canadian law. The Charter of Rights and Freedoms protects this act as a form of free expression, even though many consider it disrespectful. However, legal complexities can arise depending on the context of the act, such as whether it is tied to other offences like mischief or public disturbance.

If you are facing legal issues related to protest actions or freedom of expression, our experienced Toronto criminal defence lawyers can provide the guidance you need. Contact Pyzer Criminal Lawyers today at (416-658-1818) or reach out online for a free consultation.