The crime of counseling criminal offences.

... some may argue that the publication of Shakespeare's Henry VI, with its famous phrase "let's kill all the lawyers", should be subject to state scrutiny" --R. v. Hamilton, 2005 SCC 47 Introduction

A few years ago, a University of Calgary professor suggested on national television that someone should kill Julian Assange, the founder of Wikileaks. In a CBC interview, the professor stated:

I think Assange should be assassinated actually, I think Obama should put out a contract and use a drone or something... I wouldn't be unhappy if Assange disappeared. This comment, however flip at the time, caused a public uproar. It reverberated internationally, lit up blogs and was even raised in the House of Commons. It led to complaints filed with the police demanding the professor be charged for incitement to murder under section 464 of the Criminal Code. We do not take joking about killing someone lightly.

Two days after the broadcast, the professor made a public apology for his remark:

It was a thoughtless, glib remark about a serious subject... I never seriously intended to advocate or propose the assassination of Mr. Assange. But I do think what he's doing is very malicious and harmful to diplomacy and endangering people's lives and I think it should be stopped. The Crime of Counseling Criminal Offences

While the word "incite" is commonly used, the Criminal Code prefers the more neutral term, "counsel." The Code [section 22(3)] [5] defines "counsel" as to include "procure, solicit or incite," so it could also encompass other related actions.

For Offences Actually Committed

If the offence counseled is committed, the inciter could be charged as a party to the offence under section 22:

22 (1) Where a person counsels another person to be a party to an offence and that other person is afterwards a party to that offence, the person who counseled is a party to that offence, notwithstanding that the offence was committed in a way different from that which was counseled. (2) Every one who counsels another person to be a party to an offence is a party to every offence that the other commits in consequence of the counseling that the person who counseled knew or ought to have known was likely to be committed in consequence of the counseling. Deemed party status puts the inciter on the same criminal standing as the perpetrator of the offence. The inciter is liable to conviction for the same offence and for the same punishment as the perpetrator. The inciter...

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