Hate Speech Laws in Canada

[Alexander Of Assyria]

Hate speech laws in Canada

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".

Those offences are decided in the criminal courts and carry penal sanctions, such as fines, probation orders and imprisonment. Alberta, British Columbia, Saskatchewan and the Northwest Territories have created civil sanctions for hate speech and hate publications in their human rights legislation. Those claims are resolved through administrative tribunals or the civil courts, and can involve civil remedies such as damages or injunctive relief.

The Supreme Court of Canada has rejected constitutional challenges to the hate propaganda offences in the Criminal Code, and has also rejected challenges to the hate publication provisions in human rights legislation.

………..

Is it time?

[Wingus Dingus]

1. No.

[AllaN01Bear]

2. we need these .

[MarineCombatEngineer]

7. No, we don't. nt

[The Grand Illuminist]

20. Agreed

nt

[Fiendish Thingy]

3. I've lived in Canada for 10 years, and have never seen a news story re: hate speech conviction

Perhaps there has been, but I’m not aware of it.

Before I moved, I was in Vancouver for a short visit, and came upon a small group of neo-nazi’s holding a rally in the park behind the Vancouver museum. It was less than a dozen, but they had a banner and some signs, so there was no mistaking who they were or what they were there for. The crowd mostly ignored them, continuing to walk past. I don’t remember the exact words of the speaker, perhaps he was only saying “pro-white” remarks, but my point is, nobody got arrested, and the group wasn’t automatically banned from speaking.

On the other hand, Canada has officially designated the Proud Boys as a terrorist organization, and banned them from entering Canada.

[stopdiggin]

4. I think the point here (guessing)

Is that a neighboring country has such legislation - not that it is necessarily enforced, or particularly effective.

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And, yes - Canada has a good deal of (visible) hate speech and racism. Much of it not particularly hidden or closeted. So ... ?

[Alexander Of Assyria]

9. Effective enough to chase Fox wannabes of all kinds from the country.

The current Conservative Party leader is trying out the boundaries of the law, and is getting a stone cold reception by media and voters alike.
🥶

[stopdiggin]

14. So you would employ hate speach legislation

against Fox News .. ? Wow. Thanks for that illustration. Really clears things up.

Now I really want to double down.

Not only, "No. But, hell No!"

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[Alexander Of Assyria]

21. Reread please, in context?

[stopdiggin]

31. Nope. Moving on to people who aren't

interested in banning journalism. (even really, really crappy versions) But thanks.

[Alexander Of Assyria]

8. Proof that the Canadian hate speech laws are working! Prevention better than cure.

What’s the cure for America now that it has infected with the hate speech virus?

What is the vaccine other than an injection of Law?

[Polybius]

15. Looks like you're outnumbered about 10-1 in this thread

Don't worry, that's happened to me more than once before. I'll give you advice on what I do:

When I post something and people overwhelmingly disagree, I usually change my opinion. DU is a smart forum. If 95% agree on something, it's almost certain to be the right position. So IMO, you should consider changing your views on American free speech.

[Alexander Of Assyria]

19. 16 recs so 16-10 for me, m winning!

[Polybius]

35. Nah, DU doesn't show unrecs

You're still down 10-1. Plus many never unrec, myself included.

[stopdiggin]

5. No.

[MarineCombatEngineer]

6. Not only no,

but FUCK NO!!!!

If you want Canadian or European style hate speech laws, then move to one of those countries.

Be careful what you wish for, such laws could and would be used against Dems by the repukes.

[Alexander Of Assyria]

11. Ofc needs drafting, discussion, debate, direct reference to high court. May take some trying.

Is Canada better than America in drafting free speech laws? Hell no!!

[TheProle]

12. Nope.

[Polybius]

13. Absolutely not

In fact, other countries should adopt out Constitutional laws supporting free speech.

[Alexander Of Assyria]

18. Nations with hate speech laws ALSO have free speech constitutions! Opt in those laws.

[former9thward]

22. Canada does not have First Amendment protection.

Which is why their law would not survive in the U.S.

[Alexander Of Assyria]

24. Word is not used, but the intent is the same.

In the Canadian Charter of Rights and Freedoms you will not find the word “speech”, true. Instead under Section 2(b) the Canadian Charter you will see that everyone has “freedom of thought, belief, opinion and expression…”

Expression has been legally interpretated to include freedom of speech, and more than that as well.

The CCRF, passed a bit later than the American first amendment using modern language, has constitutional force.

[former9thward]

29. Canadians get their beliefs about freedoms from the Europeans.

In the U.S. it is far more liberal and expansive.

[Alexander Of Assyria]

32. Americans mostly came from Europe.

[former9thward]

38. Yes, they came "from".

They wanted to get out of a place with economic, political and/or religious restrictions.

[applegrove]

33. Who got their belief in freedoms from the writing of Jesuit priests

writing about Indigenous people and their philosophy in New France. There was not tons of published materials in French personal libraries (or any libraries) in the 1600s, 1700s. The many volumes of 'the Jesuit Priests of New France' were in many. Europeans did not have a concept of freedom in their cerf/monarchy and christian societies. It was Indigenous thinking that led to Rousseau and Voltaire. I read that in "The Dawn of Everything" by David Wengrow and David Graeber.

[Spazito]

25. Here is Canada's rights re free speech along with other rights...

which is found in the Charter of Rights and Freedoms:

Fundamental Freedoms

The charter guarantees everyone the freedom of conscience and religion; thought, belief, opinion, and expression, including freedom of the press and other means of communication; peaceful assembly; and association.

https://www.cga.ct.gov/PS98/rpt%5Colr%5Chtm/98-R-0143.htm

This equates to the US First Amendment protections.

[former9thward]

28. Obviously not.

Trudeau’s Party Passes Bill to Regulate Social Media, Streaming

https://www.bloomberg.com/news/articles/2021-06-22/trudeau-s-party-passes-bill-to-regulate-social-media-streaming?leadSource=uverify%20wall

Laws like this could not fly in the U.S. Canadians were the home of the Loyalists during our Revolution. They have European beliefs about freedoms. Which are much different than the traditions, legal and otherwise, of the U.S.

[Spazito]

30. You might want to check out what regulations the FCC has enforced....

in the area of the media. You will find it enlightening I'm sure.

https://www.fcc.gov/proceedings-actions

[former9thward]

37. The FCC has no authority over social media.

Or cable. Its authority is with over the air stations and it has lost most of its first amendment cases in the modern era.

Try again.

[Spazito]

39. You are mistaken as to what the FCC has authority to regulate...

The Federal Communications Commission regulates interstate and international communications by radio, television, wire, satellite, and cable in all 50 states, the District of Columbia and U.S. territories. An independent U.S. government agency overseen by Congress, the Commission is the federal agency responsible for implementing and enforcing America’s communications law and regulations.

https://www.fcc.gov/about/overview

[former9thward]

40. The FCC disagrees with you. Try again...

Over-the-air broadcasts by local TV and radio stations are subject to certain speech restraints, but speech transmitted by cable or satellite TV systems generally is not. The FCC does not regulate online content.

https://www.fcc.gov/consumers/guides/fcc-and-speech#:~:text=Over%2Dthe%2Dair%20broadcasts%20by,restraints%20and%20obligations%20on%20broadcasters.

[Spazito]

41. My cite and the link is directly from the FCC site...

so no need for me to try anything more.

[former9thward]

42. So is mine.

The U.S. is not Canada. Thank goodness. Much to your disappointment I'm sure.

[Spazito]

23. Here is a really good article about Canada's Hate Speech Laws...

and some cases that have dealt with it, it is from 2011:

When is it hate speech?: 7 significant Canadian cases

https://www.cbc.ca/news/canada/when-is-it-hate-speech-7-significant-canadian-cases-1.1036731

Just a note; the term 'hate speech' isn't used in the Criminal Code or the Human Rights Code. The terms used are:

Public Incitement of Hatred

Willful Promotion of Hatred

as well as Willful Promotion of Antisemitism

https://laws-lois.justice.gc.ca/eng/acts/C-46/section-319.html

[Alexander Of Assyria]

26. Every one of those Canadian laws would have ensnared the fascists.

[Spazito]

27. The law is applied very narrowly so it would depend on the exact language...

used and to whom it was directed, imo.

[Alexander Of Assyria]

34. Yes. I exaggerate. Many, most of the leaders. Armed ones openly threatening insurrection in advance.

[Initech]

36. I'm not touching this one with a 1000 foot pole.

[Meowmee]

43. yes imo

and then there is also allowing pretty much anyone to run for office, have nazi campaign rallies while inciting violence, murder millions while in office with malfeasance aforethought, stage an insurrection, and coup, commit numerous other serious crimes, and get away with it all and then run again... and so on... but that is all ok... because.... NOT

[The Grand Illuminist]

44. I see both sides.

Though I disagree with the assessment, I do see the point because the founding fathers never anticipated the vast communications we have now.

[SickOfTheOnePct]

45. No thank you n/t