Hate speech laws in Canada

Hate speech laws in Canada include provisions in the Criminal Code of Canada, provisions in the Human Rights Act and in other federal legislation, and statutory provisions in each of Canada's ten provinces and three territories. The Criminal Code prohibits "hate propaganda." The Canadian Human Rights Act prohibits discrimination on various grounds. Legislation in the provinces and territories prohibits discrimination on the same grounds as Canada's Human Rights Act in matters of provincial or territorial concern such as employment and accommodation.

The Constitution of Canada incorporates the Canadian Charter of Rights and Freedoms.Section 2 of the Charter grants to everyone, among other things, freedom of conscience and religion, and freedom of thought, belief, opinion and expression, including freedom of the press and other media. Section 1 restricts the granted freedoms by making them subject "only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society."

Sections 318, 319, and 320 of the Code forbid hate propaganda. "Hate propaganda" means "any writing, sign or visible representation that advocates or promotes genocide or the communication of which by any person would constitute an offence under section 319."

Section 318 prescribes imprisonment for a term not exceeding five years for anyone who advocates genocide. The Code defines genocide as the destruction of an "identifiable group." The Code defines an "identifiable group" as "any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation."

Section 319 prescribes penalties from a fine to imprisonment for a term not exceeding two years for anyone who incites hatred against any identifiable group.

Under section 319, an accused is not guilty: (a) if he establishes that the statements communicated were true; (b) if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text; (c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or (d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.

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