Cameron Miranda
Canada has laws in place to combat hate speech, which is defined as a specific type of expression that targets extreme language. The Criminal Code, a federal statute, outlines three hatred-related offences: advocating genocide, publicly inciting hatred, and wilfully promoting hatred. These offences are punishable by law and can result in sanctions such as fines, probation, or imprisonment. Additionally, three provinces and one territory have created civil sanctions for hate speech and hate publications in their human rights legislation. The Supreme Court of Canada has consistently upheld laws prohibiting hate speech, recognising their impact on target groups and the need to protect equal rights. Furthermore, the government introduced the Online Harms Act to address harmful content online and enhance the laws against hate speech.
| Characteristics | Values |
|---|---|
| Federal laws | Include provisions in the Criminal Code and statutory provisions relating to hate publications in three provinces and one territory |
| Criminal Code offences | Advocating genocide, publicly inciting hatred likely to lead to a breach of the peace, and wilfully promoting hatred |
| Criminal Code punishments | Imprisonment, fines, probation orders |
| Provinces with civil sanctions for hate speech and hate publications in their human rights legislation | Alberta, British Columbia, Saskatchewan, and the Northwest Territories |
| Types of hate speech | Racism, misogyny, homophobia, transphobia, antisemitism, Islamophobia, and white supremacy |
| Online Harms Act | Introduced in February 2024 to make online platforms responsible for addressing harmful content and creating a safer online space |
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What You'll Learn
The Criminal Code of Canada
Canada has federal hate speech laws, which include provisions in the Criminal Code, as well as statutory provisions relating to hate publications in three provinces and one territory. The Criminal Code is a federal statute passed by the Parliament of Canada, which has exclusive constitutional jurisdiction over criminal law in Canada.
The Criminal Code creates criminal offences with respect to different aspects of hate propaganda, although it does not define the term "hatred". These offences are decided in criminal courts and carry sanctions such as fines, probation orders, and imprisonment. There are three separate hatred-related offences outlined in the Code: Section 318 (advocating genocide), Section 319(1) (publicly inciting hatred likely to lead to a breach of the peace), and Section 319(2) (wilfully promoting hatred). For all three offences, there is no minimum punishment, and punishments can include probation or fines, as well as imprisonment.
The Code also includes provisions that authorise the courts to order the seizure of hate propaganda in physical or electronic formats. The Code defines “public place" as any place the public has access to, including by invitation. "Statements" include written or spoken words, gestures, signs, and other visible representations, as well as electronic or electromagnetic recordings.
In addition to federal laws, Alberta, British Columbia, Saskatchewan, and the Northwest Territories have created civil sanctions for hate speech and hate publications in their human rights legislation. These claims are resolved through administrative tribunals or civil courts and can involve remedies such as damages or injunctions.
The Supreme Court of Canada has rejected constitutional challenges to the hate propaganda offences in the Criminal Code and has upheld laws that combat hate speech as justified limits on freedom of expression. The Court has found that hate speech can desensitise people to its effects on target groups, making it easier to deny those groups equal rights.
In 2024, the Government of Canada introduced the Online Harms Act to make online platforms responsible for addressing harmful content and creating a safer online space, particularly for children. This Act includes changes to the Criminal Code to better address hate crime and propaganda, as well as amendments to the Canadian Human Rights Act to empower individuals and groups to file complaints against online hate speech.
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The Human Rights Code of British Columbia
Canada's federal Criminal Code outlines three separate hatred-related offences: advocating genocide, publicly inciting hatred likely to lead to a breach of the peace, and wilfully promoting hatred. These offences are punishable by law and can result in sanctions such as fines, probation orders, or imprisonment.
In addition to federal legislation, certain provinces and territories in Canada have created their own civil sanctions for hate speech and hate publications. One such example is the Human Rights Code of British Columbia, which aims to foster a society where all individuals have equal rights and opportunities without discrimination. This provincial law prohibits any form of discrimination or publication that exposes a person or group to hatred or contempt based on protected characteristics such as race, colour, religion, sex, sexual orientation, and age.
To achieve these goals, the Code prohibits discrimination in various areas, including jobs, housing, and services. It establishes the British Columbia Human Rights Tribunal, a quasi-judicial body that handles complaints, mediates agreements, and provides remedies for discriminatory acts. This tribunal has the authority to grant damages and enforce specific performance to rectify instances of discrimination.
Furthermore, the Code ensures that food service establishments open to the public do not deny service to individuals or groups without justifiable reasons. It promotes accessibility by requiring reasonable efforts to accommodate individuals with disabilities, although exemptions may be granted in certain circumstances. Overall, the Human Rights Code of British Columbia serves as a comprehensive framework to uphold the rights and dignity of all individuals within the province, fostering a society that values equality and mutual respect.
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The Online Harms Act
Canada has federal hate speech laws that include provisions in the Criminal Code, as well as statutory provisions relating to hate publications in three provinces and one territory. The Criminal Code covers hate speech on the internet, including on social media sites where there is a sufficient link to Canada.
The Canadian government introduced Bill C-63 on February 26, 2024, to create a new Online Harms Act, a baseline standard for online platforms to keep Canadians safe. The Act seeks to hold online platforms accountable for the content they host and protect children online. It also aims to better safeguard all Canadians from online hate and create a safer and more inclusive online environment.
Part 1 of the Bill proposes a new Online Harms Act to establish a regulatory framework to hold social media services accountable for reducing exposure to harmful content on their platforms. The Act would set out baseline safety requirements that could evolve over time and increase transparency about the strategies that platforms use to protect users.
The Act would establish a Digital Safety Commission of Canada to administer the framework, a Digital Safety Ombudsperson of Canada to support users and victims, and a Digital Safety Office to support their operations. The Commission would have the power to investigate, hear complaints, issue guidelines, and ensure the enforcement of the Act.
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The Canadian Human Rights Act
Canada has several laws in place to restrict hate speech and protect human rights. The Canadian Human Rights Act (CHRA) is one of them.
- Race,
- National or ethnic origin,
- Colour,
- Religion,
- Age,
- Sex,
- Sexual orientation,
- Marital status,
- Family status,
- Disability, and
- Conviction for an offence for which a pardon has been received.
The CHRA prohibits discrimination on the above grounds in relation to:
- Employment and vocational programs,
- The provision of goods, services, facilities, and accommodation customarily available to the public,
- The disposal of real property,
- Membership in unions, trade, or business associations, and
- Any other activity that is subject to federal regulation.
In 2021, the Minister of Justice and Attorney General of Canada introduced a bill to better combat hate speech and hate crimes, provide improved remedies for victims, and hold individuals accountable for the harmful effects of the hatred they spread. The bill proposes to amend the CHRA to define a new discriminatory practice of communicating hate speech online. The proposed amendments include reinstating an amended section 13, improving the hate speech complaints process, and providing additional remedies to address the communication of hate speech. As part of the proposed amendments, "hate speech" would be defined based on Supreme Court of Canada decisions, clearly outlining what hate speech is and what it is not.
The CHRA works in conjunction with other laws, such as the Criminal Code, which outlines three separate hatred-related offences: advocating genocide, publicly inciting hatred likely to lead to a breach of the peace, and wilfully promoting hatred. These offences carry penal sanctions, such as fines, probation orders, and imprisonment.
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Hate speech laws in Canada's provinces and territories
Canada's federal Criminal Code prohibits hate propaganda and inciting hatred, although the term "hatred" is not defined. These offences are decided in criminal courts and carry sanctions like fines, probation, and imprisonment. Three provinces and one territory have statutory provisions relating to hate publications, with civil remedies for hate speech and publications in their human rights legislation. Alberta, British Columbia, Saskatchewan, and the Northwest Territories are among these jurisdictions.
Alberta, British Columbia, Saskatchewan, and the Northwest Territories have enacted provisions addressing hate speech and publications from a civil perspective, with some variations in scope. The Canadian Human Rights Act previously included Section 13, addressing hate messages in federal matters, but it was repealed in 2013. The Human Rights Code of British Columbia prohibits publishing any statement, emblem, or representation that exposes a person or group to hatred or contempt based on race, religion, sexual orientation, etc.
In British Columbia, hate speech laws apply to public statements within provincial jurisdiction with a sufficient connection to the province. The Criminal Code covers hate speech on the internet, including social media, if linked to Canada. Private communications are excluded from hate speech definitions in both the Human Rights Code and Criminal Code. The Supreme Court of British Columbia handles appeals related to hate speech complaints.
The Saskatchewan Human Rights Code of 2018 prohibits publishing or displaying any material that exposes or tends to expose a person or group to hatred based on prohibited grounds. The Northwest Territories' Human Rights Act has similar provisions, aiming to prevent the publication of statements or emblems that expose individuals or groups to hatred or contempt. Individuals can lodge complaints with the Northwest Territories Human Rights Commission, which can refer them to an adjudicator for a hearing and potential civil remedies.
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Frequently asked questions
Yes, Canada has laws against hate speech at both the federal and provincial levels.
The Criminal Code is a federal statute passed by the Parliament of Canada, which has exclusive constitutional jurisdiction over criminal law in Canada. There are three separate hatred-related offences: advocating genocide, publicly inciting hatred likely to lead to a breach of the peace, and wilfully promoting hatred.
The penalties for hate speech in Canada can include imprisonment, probation, or fines. There is no minimum punishment for these offences.
Yes, Alberta, British Columbia, Saskatchewan, and the Northwest Territories have created civil sanctions for hate speech and hate publications in their human rights legislation.
Hate speech is carefully defined by Canadian law to target only an extreme and specific type of expression, leaving almost the entirety of political and other discourse untouched. The Supreme Court of Canada has found that hate speech can desensitize people to its effects on target groups, making it easier to deny those groups equal rights.
