Sedition in Canada: Seditious Words, Libel and Conspiracy

Sedition is advocating the use of force, without lawful authority, to bring about a change of government in Canada. The Criminal Code has three sedition offences: speaking seditious words, publishing a seditious libel (in writing or other published form) and taking part in a seditious conspiracy. Prosecutions are very rare in modern Canada. Peaceful protest, harsh criticism of governments, and campaigns for independence or constitutional change by lawful means are not sedition.

What the law says

Without limiting the generality of the meaning of the expression seditious intention, every one shall be presumed to have a seditious intention who (a) teaches or advocates, or (b) publishes or circulates any writing that advocates, the use, without the authority of law, of force as a means of accomplishing a governmental change within Canada. (s. 59(4))

Seditious words are words that express a seditious intention; a seditious libel is a libel that expresses one; and a seditious conspiracy is an agreement between two or more people to carry one out (s. 59(1) to (3)).

What is not sedition

Section 60 protects good-faith criticism. No one has a seditious intention only because they intend, in good faith, to show that the government has been misled or mistaken; to point out errors or defects in the government or constitution, Parliament or a legislature, or the administration of justice; to seek changes to government by lawful means; or to point out, so that they can be removed, matters that produce hostility between groups in Canada.

The Supreme Court of Canada narrowed sedition in Boucher v. The King, [1951] S.C.R. 265: stirring up ill-will or hostility is not enough; there must be an intention to incite violence or resistance or defiance against constituted authority. Today, the Charter’s guarantee of freedom of expression (s. 2(b)) would also apply to any prosecution.

What the Crown must prove

• The accused spoke words, published material or joined an agreement;
• which expressed a seditious intention, meaning advocating the unlawful use of force to change government in Canada, or inciting violence against constituted authority; and
• the accused intended it, and the conduct is not protected good-faith criticism.

Penalties

• Seditious words, seditious libel or seditious conspiracy (s. 61): indictable only; up to 14 years.
• Offences in relation to military forces (s. 62), such as urging members of the Canadian Forces to mutiny, disloyalty or refusal of duty: hybrid; up to 5 years by indictment.

Sedition, treason and terrorism

Sedition is about advocating force to change the government. Treason covers actually using force to overthrow a government, levying war against Canada, helping an enemy, or passing military or scientific information to a foreign state. In practice, modern cases involving calls for violence are more often charged under the terrorism provisions, such as counselling the commission of terrorism offences, or under the hate propaganda sections.

If you are charged

• Do not discuss the charge with police or anyone else before getting legal advice. You have the right to stay silent and to speak to a lawyer without delay (your rights if arrested).
• Follow every release condition (no contact, curfew, address). A breach is a new offence (how bail works).
• Attend every court date. Failing to appear is also an offence.
• Get the disclosure: the Crown must give you the evidence it has. A lawyer can review it, negotiate with the Crown (withdrawal, diversion, a lesser charge) or prepare for trial.
• If you cannot afford a lawyer, legal aid and duty counsel at the courthouse can help.

Criminal record and record suspension

A conviction creates a criminal record, unless the court grants a discharge, which is not a conviction (an absolute discharge is removed from the RCMP system after one year, a conditional discharge after three years). A person who was convicted can apply to the Parole Board of Canada for a record suspension (formerly a pardon). Because this is an indictable offence, the waiting period is 10 years, counted from the end of the whole sentence, including probation and payment of fines (Criminal Records Act, s. 4). More from the Parole Board.

Frequently asked questions

Is criticizing the government sedition in Canada?

No. Section 60 of the Criminal Code protects good-faith criticism of governments, Parliament, the constitution and the justice system, and lawful campaigns for change. Sedition requires advocating the unlawful use of force or inciting violence against authority.

What is the penalty for sedition in Canada?

Speaking seditious words, publishing a seditious libel or joining a seditious conspiracy is an indictable offence with a maximum of 14 years in prison (s. 61).

What is the difference between sedition and treason?

Sedition is advocating force to change the government. Treason involves acts such as using force to overthrow a government, levying war against Canada, assisting an enemy or giving military or scientific information to a foreign state.

Related offences

• Treason and High Treason in Canada
• Offences Against Public Order
• Advocating Terrorism Offence in Canada
• Public Incitement of Hatred
• Participating in Terrorist Group Activity

Sources

• Criminal Code, s. 59
• Criminal Code, s. 60
• Criminal Code, s. 61
• Criminal Code, s. 62

General legal information, current to the Criminal Code as in force on September 30, 2026. It is not legal advice: every case turns on its facts. Speak to a lawyer about your situation.