Legal aspects of hate speech in Canada

Résumé analytique

This report by Lex Gill was prepared for the Canadian Commission on Democratic Expression (CCDE) in March 2020 to support the Commission's efforts to better understand hate speech in Canada and to respond through research, public consultation, stakeholder outreach and other forms of democratic engagement.

It begins by providing an overview of hate speech and its relationship to freedom of expression in Canadian law, reviewing the criminal and administrative provisions governing hate speech. It explores the legal tensions and policy questions that have historically animated debates surrounding hate speech in Canada and summarizes some of the most significant recent developments, including the repeal in 2013 of section 13 of the Canadian Human Rights Act, which had made it a discriminatory practice to communicate hateful matter telephonically, including via the internet. The report also examines how technological, economic and social change have begun to challenge the ways we think about harmful expression, including emerging issues around hate speech and the internet, recommendations before Parliament, and self-governance and heightened obligations for online platforms.

The report does not attempt to canvass every potential view on the subject and is intended only as a starting point for further dialogue and public engagement. It closes with a set of discussion questions for different audiences, including the dinner table, the high school classroom, lawmakers and political representatives, community and faith groups, and the tech company boardroom, meant to encourage reflection and provoke new insights.