Flag desecration refers to the intentional mistreatment of a country’s flag. If an individual intentionally damages, destroys or mutilates a flag, they may be charged and face criminal penalties. An individual may desecrate a flag through many forms, such as dragging the flag along the ground, marking or altering it, improperly flying it, or stepping on it. However, not all countries view flag desecration as a criminally punishable offence. In some countries, including Canada, flag desecration is protected under the Canadian Charter of Rights and Freedoms, as it is recognised as a form of free expression, and is therefore legal.

Laws and Regulations Surrounding Flag Desecration in Canada

Canadian Flag Etiquette

Although flag desecration is not a criminal offence in Canada, there are established etiquette guidelines that should be followed when handling the Canadian flag. These rules are not legally enforceable but are encouraged as a sign of respect, and therefore disregarding them will not result in legal consequences. Examples of Canadian flag etiquette include flying the flag on its own pole, replacing it when torn or faded, facing it as it is carried past, treating it with respect, avoiding covering it with any markings or objects, and maintaining its official proportions (2 to 1 ratio).

Legal Status of Burning a Flag in Canada

Burning the Canadian flag is not considered a criminal offence under the Criminal Code of Canada. In fact, burning the Canadian flag may be viewed as a form of expression protected by the Canadian Charter of Rights and Freedoms. While flag etiquette discourages burning the flag, and many individuals may find the act disrespectful, there are no current statutory prohibitions against the desecration of the Canadian flag.

Flag Desecration Laws Around the World

Every country has its own legal stance on flag desecration, with penalties varying from fines all the way up to 18 years imprisonment.

Countries Where Flag Desecration is Illegal

Punishable by Fines Only:

  • Czechia
  • Egypt
  • Finland
  • Morocco
  • New Zealand
  • Nigeria
  • Spain
  • United Arab Emirates

Punishable With Up to 6 Months Imprisonment:

  • Austria (6 months)
  • Brazil (1 month or fine)
  • Dominican Republic (3 months or fine)
  • France (6 months)
  • India (4 months)
  • Kyrgyzstan (3 to 6 months or 1 year house arrest)
  • Samoa (6 months)
  • Singapore (6 months)

Punishable With 6 Months to 1 Year Imprisonment:

  • Argentina (1 year)
  • Azerbaijan (1 year)
  • Chile (1 year)
  • Croatia (1 year)
  • Hungary (1 year)
  • Philippines (1 year)
  • Poland (1 year)
  • Saudi Arabia (1 year)
  • Taiwan (1 year)
  • Ukraine (1 year)

Punishable With 1 to 3 Years Imprisonment:

  • Bulgaria (2 years and a fine)
  • China (3 years)
  • Ethiopia (3 years or fine)
  • Germany (3 years)
  • Greece (3 years)
  • Israel (2 years)
  • Italy (2 years)
  • Kazakhstan (2 years or house arrest)
  • Lithuania (2 years)
  • Romania (3 years)
  • Uzbekistan (3 years penal labour or 360 hours community service)

Punishable With 4 to 6 Years Imprisonment:

  • Mexico (6 months to 4 years)
  • Russia (4 years)
  • South Korea (6 years)
  • Thailand (6 years)

Punishable With Over 7 Years Imprisonment:

  • Algeria (5 to 10 years)
  • Indonesia (10 years)
  • Malaysia (5 to 15 years)
  • Turkey (up to 18 years)

Countries Where Flag Desecration is Legal

  • Australia
  • Belgium
  • Canada
  • Denmark
  • Ireland
  • Japan
  • Netherlands
  • Norway
  • South Africa
  • Sweden
  • Switzerland
  • United Kingdom
  • United States

Historical Incidents of Flag Desecration

Historically, acts of flag desecration have occurred as an expression of political opinion or protest. For example, in 1990 during the discussion surrounding the Meech Lake Accord, Quebec protestors burned the Canadian flag. This action of flag desecration prompted retaliation from Onterio protestors, who burned and stepped on the Quebec flag.

In 1999, members of the United States’ Westboro Baptist Church burned the Canadian flag outside of the Supreme Court of Canada in protest to the legalisation of same-sex marriage.

Another incident arose in 2012 when protestors trampled and ran over the Canadian flag during a Quebec separatist rally in Montreal.

FAQs

In Canada, flag desecration, including the burning of the flag, is not a crime. It is viewed as a form of expression protected under the Canadian Charter of Rights and Freedoms and is not criminalised under the Criminal Code of Canada.

In Canada, there are no current laws or regulations surrounding flag desecration. There are, however, certain guidelines referred to as flag etiquette encouraging the positive handling of the Canadian flag.

Although flag desecration is a punishable offence in many countries, there are a handful of countries in which it is not a crime. These countries include Australia, Belgium, Canada, Denmark, Ireland, Japan, Netherlands, Norway, South Africa, Sweden, Switzerland, United Kingdom, and the United States.