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Richards' concealing identity bill becomes law

Wild Rose MP Blake Richards celebrated a victory on Parliament Hill on Oct. 31 after his Private Member’s Bill – The Concealment of Identity Act – was passed into law by a vote of 153-126.
Wild Rose MP Blake Richards, left, is congratulated by fellow Conservative MP David Tilson after the passing of Richards’ Bill C-309.
Wild Rose MP Blake Richards, left, is congratulated by fellow Conservative MP David Tilson after the passing of Richards’ Bill C-309.

Wild Rose MP Blake Richards celebrated a victory on Parliament Hill on Oct. 31 after his Private Member’s Bill – The Concealment of Identity Act – was passed into law by a vote of 153-126.

“I am pleased that so many of my fellow Members of Parliament recognized the need for this bill,” Richards stated, saying the law will fill a hole previously exploited by violent criminals. “It will help protect the public, emergency service workers and legitimate protesters without restricting Canadians’ rights to speech and assembly.”

Richards first introduced the bill — then titled Preventing Persons from Concealing Their Identity during Riots and Unlawful Assemblies Act — on Oct. 3, 2011. The law will amend the criminal code and make ‘masking up’ during such activities illegal.

“My Conservative colleagues rightly recognized the distinction between legitimate protesting and illegal rioting,” said Richards, “and helping approve a bill that targets those who attempt to conceal their identity while participating in a riot.”

The approval of the third reading of Richards’ Bill C-309 now means that lawbreakers are liable to imprisonment for a maximum sentence of 10 years in addition to being guilty of an indictable offence or a crime punishable on summary conviction in the event of an unlawful congregation.

A second hybrid offence to the criminal code is also being applied with the passing of Richards’ bill, targeting those who participate in an unlawful assembly while wearing a mask with no lawful excuse, carrying a maximum penalty of five years in jail and a possible fine of $5,000.

Those with a ‘lawful excuse’ for having their face covered are exempt from the legislation.

Richards’ office indicated that it is ‘extremely rare’ for Private Member’s Bills to become law, and that on average only two become law each year.

“Similar legislation is in place in the United States, Great Britain and France,” Richards indicated. “Approval of this legislation in Canada is a victory for all of us who witnessed the devastation of the Toronto, Vancouver and Montreal riots and demanded better for our fellow citizens.”

Some critics of the bill have said that it goes against the Constitution of Canada, and that many who are present during riots wear masks or cover their face in some form to ward off pepper spray and tear gas used by riot police.

Prior to this new Criminal Code amendment, it was already illegal to participate in a riot in Canada.

The Criminal Code defines a riot as ‘an unlawful assembly that has begun to disturb the peace tumultuously.’

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