Impunity Watch Reporter, North America

OTTAWA, Canada – Canada’s Human Rights Commission presented a special report to the Canadian Parliament in which it asserted a continued need for the commission to regulate hate speech on the internet.  The report expressly opposed a suggestion to relegate the policing of internet hate speech to the criminal code.

The new report has several proposals for changes to section 13, the hate speech provision of the Canadian Human Rights Act.  These include a clear, legal definition of hate speech, repealing the $10,000 fine the commission can impose for hate speech, and an allowance to award legal costs in some cases.

The Chief Commissioner argued that the flexibility in the “dual approach” of the Human Rights Act and the criminal code provide an effective resolution to internet hate claims.  While the criminal code is intended to punish those who engage in hate speech, the Human Rights Commission focuses on removing hate speech from the internet. Proponents further argued that hate speech can be very dangerous on the internet because it has the capability of spreading undetected without constant attention.

Conversely, some experts are opposed to the broad provisions in the Human Rights Act.  Individuals like law school professor Richard Moon contend that the broad nature of the Act may end up limiting free speech.  Others contended that the new report suggests tinkering of a system that is in need of an overhaul.

Debate about section 13 heated up after a Muslim group filed a complaint with the Human Rights Commission against Maclean’s magazine in 2007.  The complaint was dismissed after an investigation.  Opponents cite to this example as evidence that very little action is actually taken under section 13 and to suggest that it should be used for extreme hate cases only.

The Commons Committee will consider the new report as it considers the future of section 13 this fall.  The text of the report is available here.