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Freedom of expression in Canada is protected as a "fundamental freedom" by section 2 of the Canadian Charter of Rights and Freedoms; however, in practice the Charter permits the government to enforce "reasonable" limits censoring speech. Hate speech, obscenity, and defamation are common categories of restricted speech in Canada.
The Criminal Code is a federal statute passed by the Parliament of Canada, which has exclusive constitutional jurisdiction over the criminal law in Canada. [9] There are three separate hatred-related offences: section 318 (advocating genocide ), [ 10 ] section 319(1) (publicly inciting hatred likely to lead to a breach of the peace), [ 11 ] and ...
Under the heading of "Equality Rights" this section states: 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Section 13 of the Canadian Human Rights Act was a provision of the Canadian Human Rights Act dealing with hate messages. The provision prohibited online communications which were "likely to expose a person or persons to hatred or contempt" on the basis of a prohibited ground of discrimination (such as race, national or ethnic origin, colour, religion, etc.).
In 2016, the government of Prime Minister Justin Trudeau introduced An Act to amend the Canadian Human Rights Act and the Criminal Code (C-16) in the House of Commons of Canada, to add and include "gender identity or expression" to the legislation. The bill passed the Commons on November 18, 2016, and the Senate on June 15, 2017.
Article 7 of the Printing and Publications Act No. 8 of 1998 sets out the ethical rules that apply to journalism and the conduct of journalists. It is illegal to publish material likely to stir up hatred or to make propaganda with a view to setting citizens against one another.
The Human Rights Code was the first law of its kind in Canada. It replaced various laws that dealt with different kinds of discrimination. The code brought them together into one law and added some new protections. The code came into force on June 15, 1962.
In R. v. Nova Scotia Pharmaceutical Society the Supreme Court of Canada found that an open-ended statute (prohibiting companies from "unduly" lessening competition) was not a breach of Section 11(a). In R. v. Delaronde (1997), the Supreme Court of Canada found section 11 (a) is meant not only to guarantee a fair trial but also to serve as an ...