While it was frowned upon, they faced no criminal charges. Popular American band, Rage Against the Machine burned an American flag on stage at Woodstock 1999, in protest. Similarly it is not illegal to burn an American flag in the United States. None of these protesters faced criminal charges for destroying the Canadian flag in this incident. This was an expression of the desire these protesters felt to separate from Canada and for Quebec to be an independent nation. In a 2012 at a Quebec separatist rally Canadian flags were stomped on and run over by cars in Montreal. There have been historical incidents of protesters burning or otherwise destroying the Canadian Flag. It can be an expression of political anarchism, where an individual holds an anti-nation state position. It is an anti-national expression protesters may use to demonstrate anger or frustration with the Canadian government. There are many reasons why an individual may feel compelled to burn the Canadian flag. Talk to an Experienced Criminal Lawyer with PROVEN RESULTS.
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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. Such laws, permitting forms of expression, are a reflection of the high value held for freedom of expression in Canadian society.
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. 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. 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.
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There exists no legislation where burning the flag is a criminal action, under the Canadian Criminal Code or any other statue. As burning the flag is a mode by which an individual may destroy it, it follows that it is not illegal to destroy it. 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.
It is legal to burn the Canadian Flag, in Canada.