If I hand you a knife and say "go stab that guy", it should be completely irrelevant why I told you to do it. What does the motivation matter? I'm encouraging you to go and commit an assault. Whether I did it because I believe homosexuals are evil or because Allah told me to do it is entirely beside the point.
If I stand up on a soap box in public and exhort listening throngs of people to go commit acts of violence against homosexuals, an ethnic minority, disabled people, Anglicans or abortion providers, I should also go to jail. It shouldn't have anything to do with "hatred". What matters is that I'm an accessory to violence and assault.
Now if I read this analysis, which is a legal opinion I suppose, the implication here is that - in point of fact - before bill C-250 existed it was actually legal in Canada to advocate mass murder and encourage your followers to commit acts of violence against other members of society.
Really? Is that really, honestly true that, in Canada, before bill C-250, I could stand on a box in the middle town, frothing at the mouth, and declare that all homosexuals ought to be rounded up and stoned?
If that's the case, then damn right we needed a law. I just have difficulty believing that our legal system had missed such an obvious flaw for such a long time. That's not the case for, say, dueling. The Canadian Criminal Code, article 71, punishes dueling, provoking a duel and encouraging another to provoke a duel.
What bothers me though, assuming we needed this law, are the exceptions such as:
A person could not be convicted if:
"in good faith, he expressed or attempted to establish by argument an opinion on a religious subject."
So a guy standing on a box declaring that Jews are bad for the economy and we ought to get rid of them goes to jail (damn right). But a guy standing behind a piece of wood in a pointy building declaring that all homosexuals ought to be stoned to death doesn't go jail. (Huh?)
That seems pretty counterintuitive. What if a guy argues from a pulpit that the bible says that Jews are bad and that the bible says we ought to get rid of them? Does that become acceptable speech?
It seems that if encouraging this sort of chaotic violence against other people is illegal, it ought to be illegal for anyone to encourage this sort of chaotic violence against anyone else. There ought not to be exceptions because you really, really believe god wants you to do it.