Close the legal gap on hate speech

Section 13 of the Canadian Human Rights Act, an effective but flawed tool in combating online hate speech, was removed in 2013. This left a gap in the effort to protect Canadians from hate speech that could be addressed in several ways.

In 2021, the Government tabled Bill C-36 An Act to amend the Criminal Code and the Canadian Human Rights Act and to make related amendments to another Act (hate propaganda, hate crimes and hate speech) that proposes amendments to Section 13 of the Canadian Human Rights Act and the Criminal Code to combat hate speech.

Recommendations

• Re-establishing an improved provision in the Canadian Human Rights Act to combat hate speech that would replace the flawed, previous Section 13. This new provision would act not as a sword but as a shield to protect legitimate freedom of expression and prevent the Section’s vexatious use. The new section should adopt elements from private members bill C-671.
• Strengthening Canadian tax laws to prohibit Canadian charities from promoting or inciting antisemitism or violent extremism.