CANADA NEEDS STRONG, BALANCED REGULATION TO ELIMINATE ONLINE HATE SPEECH

June 25, 2021

Words matter. They have the power to shame, blame, and inflame. Far too often online hate speech leads to real-world hate crimes. In order to prevent this from happening, online hate needs to be eliminated.

Hate speech is not protected speech and has no value. It is narrowly defined. It is specific, malicious, targeted, and intentional. Hate speech is a weapon designed to intimidate and stifle open debate in a free and democratic society. Finding ways to combat hate speech is not tantamount to fettering the expression of ordinary opinion or the usual public discourse.

The Saskatchewan Human Rights Commission changed the discourse on hate speech across the country when it took a human rights complaint to the Supreme Court of Canada. The Supreme Court’s unanimous 2013 decision in Saskatchewan (Human Rights Commission) v. Whatcott, remains the greatest contribution the Saskatchewan Human Rights Commission has made to Canadian jurisprudence.

At the same time the Supreme Court unambiguously clarified a legal understanding of hate in Canada, section 13 of the Canadian Human Rights Act was being removed. Canada has largely been without an effective remedy to challenge hate speech and hate messages online. During that time, hate has spread widely and rapidly on the internet. Countless people and communities have been harmed and victimized.

Without adequate civil remedy to regulate the rising tide of hate, criminal sanction is left to address the problem. Realistically, however, the evidentiary burden required to prosecute hate speech under the Criminal Code is often so onerous that hateful words and actions go unchallenged and unchecked.

The Saskatchewan Human Rights Commission was pleased to offer the Government of Canada a rights-based perspective as it considered new legislation to address the existing vacuum. This week, the federal government proposed Bill C-36, signaling a commitment to meaningful action against hate speech and hate crimes.

Bill-36 addresses that practical problem by:

• amending the Canadian Human Rights Act to define online hate speech, and to provide people with remedies to address it;
• creating a new peace bond provision in the Criminal Code that aims to prevent hate propaganda as well as hate crimes from occurring; and
• adding a definition of “hatred” to section 319 of the Criminal Code based on Supreme Court of Canada decisions, including the Whatcott decision.

Bill C-36 is a step towards protecting Canadians from hate speech and hate crime. The courts require the tools to combat hate in Canada. However, more work, outside of the courts, must be done, and more steps must be taken.

We also need to invest in K-to-12 education on the rights of citizenship, the responsibility of citizenship, and the respect that every citizen deserves, so that the adults of tomorrow do not espouse the same hate we see today. These education materials exist on the Concentus Citizenship Education Foundation’s website, where they emphasize the 5 Essential Competencies of Canadian citizenship.

Hate speech and hate crimes have no place in our society. Collectively, we as individuals, as citizens, as a province, and as a country, must stand up, speak out, and confront hate in all its forms. That is the responsibility of our citizenship. We must choose understanding over ignorance, inclusion over division, and respect over hate.

 

 

David M. Arnot, Chief Commissioner
Saskatchewan Human Rights Commission