The CCLA is encouraged by the Canadian Human Rights Tribunal’s ruling that the Canadian Human Rights Act‘s prohibition on communications that are likely to expose members of a group to hatred or contempt is an unjustifiable violation of freedom of expression. The CCLA has had significant concerns about the free speech implications of hate speech provisions in human rights acts since they were enacted, and is encouraged by the judgment. The Tribunal’s recognition of the punitive nature of these provisions, and the chilling, self-censoring effect these laws can have on individuals, is a very important step forward. This is not to say that hate speech is acceptable. Criminal Code prohibitions should remain to deal with those who willfully promote hatred leading to imminent violence. More generally, Canadian society should be extremely concerned about prejudiced or discriminatory statements. Individuals and organizations should speak out loudly against such comments – among friends, in our communities, in print media and online. Those individuals who express hateful opinions should be called out, criticized, stripped of accolades, and voted out of power. The answer to hateful or offensive speech should be more speech, not censorship.
To read the Tribunal’s decision, dated September 2, 2009, click here.
