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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.
Freedom of speech had a limited background in Canada. It has been an issue in federalism disputes, as provincial legislation infringing upon free speech has been taken as criminal legislation, which only the Parliament of Canada can validly create under section 91(27) of the Constitution Act, 1867.
[2]: 232–3 Canada's fundamental justice (section 7) is therefore interpreted to include more legal protections than due process, which is the U.S. equivalent. Freedom of expression (section 2) also has a wider-ranging scope than the freedom of speech guaranteed under the U.S. First Amendment (1A).
Hate speech laws in Canada include provisions in the federal Criminal Code, as well as statutory provisions relating to hate publications in three provinces and one territory. The Criminal Code creates criminal offences with respect to different aspects of hate propaganda, although without defining the term "hatred".
Under Trudeau, human rights commissions became virtual speech commissars in Canada. A conservative webmaster was prosecuted for allowing third parties to leave insulting comments about gay people ...
In 1990, a 4-3 decision of the Supreme Court of Canada upheld the constitutionality of section 13(1). The majority found that the section did infringe freedom of expression under section 2 of the Canadian Charter of Rights and Freedoms, but that the prohibition on hate speech was a justifiable limitation under section 1 of the Charter. [11]
limits on freedom of expression are accepted as in Canada (art. 10(2) ECHR: "subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society"); limits on freedom of peaceable assembly and free association are accepted in Canada as well (art.
Freedom of speech in Canada and freedom of religion in Canada (now in Section 2 of the Charter) equality rights (more complete rights are contained in Section 15 of the Charter) The right to life, liberty and security of the person, and in another section, rights to fundamental justice (the Charter combines those rights in Section 7)