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Canadian law. Hate speech laws in Canada include provisions in the federal Criminal Code, as well as statutory provisions relating to hate publications in three provinces and one territory. The Criminal Code creates criminal offences with respect to different aspects of hate propaganda, although without defining the term "hatred".
Feb 29, 2024 · The history of Section 13, the controversial hate speech law the Liberals just revived. Section 13 is being reborn as part of the Liberal’s online harms bill. Here's how the hate speech law was ...
- Joseph Brean
- 1 Introduction
- 2 Freedom of Expression and The Canadian Charter of Rights and Freedoms
- 3 Criminal Code Provisions Targeting Hate
- 4 Anti‑Hate Provisions in Human Rights Legislation
- 5 The Constitutionality of Anti‑Hate Provisions
- 6 The Debate Regarding Anti‑Hate Provisions in Human Rights Legislation
- 7 Conclusion
- Notes
Although Article 19 of the United Nations Universal Declaration on Human Rights1 proclaims that everyone has the right to freedom of opinion and expression, many countries have laws that censor or limit certain types of expression, including speech that incites violence and hatred. Some free speech advocates prefer an open marketplace of ideas, whe...
With the inclusion of the Canadian Charter of Rights and Freedoms in the Constitution Act, 1982, certain human rights and fundamental freedoms have an enhanced legal status. All laws in Canada must comply with the Charter and are interpreted by Canadian courts in a manner that is consistent with the supremacy of the Constitution.17 The freedoms of ...
3.1 Hate Propaganda
Hate propaganda provisions were first added to the Criminal Code in 197024 in response to the recommendation of the Special Committee on Hate Propaganda in Canada that a law be established to prohibit advocating genocide and inciting hatred of particular groups, where these activities are likely to occasion breach of the peace.25 This special parliamentary committee, known as the “Cohen Committee,” after its chairperson, Maxwell Cohen, was created following a series of events in the 1960s, wh...
3.2 The Glorification of Terrorism
In 2015, with the passage of Bill C‑51 (Anti‑terrorism Act, 2015), a section was added to the Criminal Code to create a new offence of advocating or promoting the commission of terrorism offences, otherwise referred to as the glorification of terrorism.37While distinct from the Code’s hate propaganda provisions, the new offence uses similar language regarding wilful or reckless communications that seek to inspire certain negative behaviour in others. New section 83.221 of the Criminal Codepro...
3.3 Crimes Motivated by Hatred
Another key provision in the Criminal Codethat addresses crimes motivated by hatred is found in section 718.2(a)(i), which sets out various principles of sentencing. The section allows for increased penalties when an offender is sentenced for any criminal offence if there is In other words, judges have the ability to impose higher sentences where a crime was motivated by hatred. Statistics Canada collects information concerning police‑reported criminal incidents that were confirmed or strongl...
4.1 Canadian Human Rights Laws, Discrimination and Hate Speech
Human rights laws, with their broad goal of eliminating discrimination against identifiable groups, can serve to address expressions of hatred and contempt and any expression that displays an intention to discriminate or to incite others to discriminate. Whether these laws should include prohibitions on hate speech and hate propaganda has been a matter of debate for some time, and Canadian jurisdictions have responded with different approaches in their laws. As “human rights” are not listed u...
4.2 Former Section 13 of the Canadian Human Rights Act
Until it was repealed in 2013, section 13 of the CHRAaddressed the promotion of hatred, and some of the key cases examining anti‑hate legislation in Canada pertained to constitutional challenges of that section. The debates concerning whether to retain, reform or repeal section 13 revealed the challenges inherent in striking a balance between free speech and the protection of vulnerable groups. Former section 13 of the CHRAdid not specifically prohibit hate messages; rather, it made it a disc...
Canadian courts and human rights tribunals have examined the constitutionality of the hate propaganda provisions in the Criminal Code, of former section 13 of the CHRA, and of the anti‑hate provisions found in the Saskatchewan Human Rights Code. The Supreme Court of Canada and the Canadian Human Rights Tribunal (CHRT) have held that although these ...
Over recent decades, Canadian courts have developed an analytical framework for determining what expression should be considered hate propaganda and therefore receive criminal sanction or be dealt with by a human rights commission and/or tribunal. While the Supreme Court has supported the constitutionality of both the criminal and human rights legi...
Hate speech and hate crimes have become an increasing concern in recent years, highlighted by Statistics Canada data and the regular stream of items in the media focused on the rise in many countries of activist groups that adopt messages of hate against ethnic groups, religions and immigrants. These facts suggest that hatred continues to be an act...
* This publication contains some material from Julian Walker, Canadian Anti‑hate Laws and Freedom of Expression, Publication no. 2010‑31, Parliamentary Information and Research Service, Library of Parliament, Ottawa, 27 March 2013. [ Return to text] † Library of Parliament Background Papers provide in-depth studies of policy issues. They feature hi...
Legal Restriction on Hate Speech in Canada. Hate speech is proscribed in Canada by the Criminal Code and, in three provinces, by human rights acts. 1. Criminal Code. The relevant sections of the Criminal Code say: Public incitement of hatred. 319 (1) Every one who, by communicating statements in any public place, incites hatred against any ...
Jun 23, 2021 · Today, the Honourable David Lametti, Minister of Justice and Attorney General of Canada, along with the Honourable Steven Guilbeault, Minister of Canadian Heritage, and the Honourable Bill Blair, Minister of Public Safety and Emergency Preparedness, announced actions the Government of Canada is taking to better protect Canadians from hate speech and online harms.
Oct 12, 2011 · The Supreme Court of Canada upheld some elements against hate speech in Saskatchewan's Human Rights Code while striking down others on Feb. 27 in the latest case to pit free speech against hate ...
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In addition, it amends the Canadian Human Rights Act to provide that it is a discriminatory practice to communicate or cause to be communicated hate speech by means of the Internet or other means of telecommunication in a context in which the hate speech is likely to foment detestation or vilification of an individual or group of individuals on the basis of a prohibited ground of discrimination.
