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Hate speech laws in Canada
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".
Those offences are decided in the criminal courts and carry penal sanctions, such as fines, probation orders and imprisonment. Alberta, British Columbia, Saskatchewan and the Northwest Territories have created civil sanctions for hate speech and hate publications in their human rights legislation. Those claims are resolved through administrative tribunals or the civil courts, and can involve civil remedies such as damages or injunctive relief.
The Supreme Court of Canada has rejected constitutional challenges to the hate propaganda offences in the Criminal Code, and has also rejected challenges to the hate publication provisions in human rights legislation.
..
Is it time?
Wingus Dingus
(8,059 posts)AllaN01Bear
(18,669 posts)MarineCombatEngineer
(12,462 posts)Response to MarineCombatEngineer (Reply #7)
LostOne4Ever This message was self-deleted by its author.
The Grand Illuminist
(1,341 posts)nt
Fiendish Thingy
(15,696 posts)Perhaps there has been, but Im not aware of it.
Before I moved, I was in Vancouver for a short visit, and came upon a small group of neo-nazis holding a rally in the park behind the Vancouver museum. It was less than a dozen, but they had a banner and some signs, so there was no mistaking who they were or what they were there for. The crowd mostly ignored them, continuing to walk past. I dont remember the exact words of the speaker, perhaps he was only saying pro-white remarks, but my point is, nobody got arrested, and the group wasnt automatically banned from speaking.
On the other hand, Canada has officially designated the Proud Boys as a terrorist organization, and banned them from entering Canada.
stopdiggin
(11,404 posts)Is that a neighboring country has such legislation - not that it is necessarily enforced, or particularly effective.
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And, yes - Canada has a good deal of (visible) hate speech and racism. Much of it not particularly hidden or closeted. So ... ?
Alexander Of Assyria
(7,839 posts)The current Conservative Party leader is trying out the boundaries of the law, and is getting a stone cold reception by media and voters alike.
🥶
stopdiggin
(11,404 posts)against Fox News .. ? Wow. Thanks for that illustration. Really clears things up.
Now I really want to double down.
Not only, "No. But, hell No!"
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Response to stopdiggin (Reply #14)
Mosby This message was self-deleted by its author.
Alexander Of Assyria
(7,839 posts)stopdiggin
(11,404 posts)interested in banning journalism. (even really, really crappy versions) But thanks.
Alexander Of Assyria
(7,839 posts)Whats the cure for America now that it has infected with the hate speech virus?
What is the vaccine other than an injection of Law?
Polybius
(15,518 posts)Don't worry, that's happened to me more than once before. I'll give you advice on what I do:
When I post something and people overwhelmingly disagree, I usually change my opinion. DU is a smart forum. If 95% agree on something, it's almost certain to be the right position. So IMO, you should consider changing your views on American free speech.
Alexander Of Assyria
(7,839 posts)Polybius
(15,518 posts)You're still down 10-1. Plus many never unrec, myself included.
stopdiggin
(11,404 posts)MarineCombatEngineer
(12,462 posts)but FUCK NO!!!!
If you want Canadian or European style hate speech laws, then move to one of those countries.
Be careful what you wish for, such laws could and would be used against Dems by the repukes.
Alexander Of Assyria
(7,839 posts)Is Canada better than America in drafting free speech laws? Hell no!!
TheProle
(2,210 posts)Polybius
(15,518 posts)In fact, other countries should adopt out Constitutional laws supporting free speech.
Alexander Of Assyria
(7,839 posts)Response to Alexander Of Assyria (Original post)
Mosby This message was self-deleted by its author.
former9thward
(32,121 posts)Which is why their law would not survive in the U.S.
Alexander Of Assyria
(7,839 posts)In the Canadian Charter of Rights and Freedoms you will not find the word speech, true. Instead under Section 2(b) the Canadian Charter you will see that everyone has freedom of thought, belief, opinion and expression
Expression has been legally interpretated to include freedom of speech, and more than that as well.
The CCRF, passed a bit later than the American first amendment using modern language, has constitutional force.
former9thward
(32,121 posts)In the U.S. it is far more liberal and expansive.
Alexander Of Assyria
(7,839 posts)former9thward
(32,121 posts)They wanted to get out of a place with economic, political and/or religious restrictions.
applegrove
(118,880 posts)writing about Indigenous people and their philosophy in New France. There was not tons of published materials in French personal libraries (or any libraries) in the 1600s, 1700s. The many volumes of 'the Jesuit Priests of New France' were in many. Europeans did not have a concept of freedom in their cerf/monarchy and christian societies. It was Indigenous thinking that led to Rousseau and Voltaire. I read that in "The Dawn of Everything" by David Wengrow and David Graeber.
Spazito
(50,563 posts)which is found in the Charter of Rights and Freedoms:
Fundamental Freedoms
The charter guarantees everyone the freedom of conscience and religion; thought, belief, opinion, and expression, including freedom of the press and other means of communication; peaceful assembly; and association.
https://www.cga.ct.gov/PS98/rpt%5Colr%5Chtm/98-R-0143.htm
This equates to the US First Amendment protections.
former9thward
(32,121 posts)https://www.bloomberg.com/news/articles/2021-06-22/trudeau-s-party-passes-bill-to-regulate-social-media-streaming?leadSource=uverify%20wall
Laws like this could not fly in the U.S. Canadians were the home of the Loyalists during our Revolution. They have European beliefs about freedoms. Which are much different than the traditions, legal and otherwise, of the U.S.
Spazito
(50,563 posts)in the area of the media. You will find it enlightening I'm sure.
https://www.fcc.gov/proceedings-actions
former9thward
(32,121 posts)Or cable. Its authority is with over the air stations and it has lost most of its first amendment cases in the modern era.
Try again.
Spazito
(50,563 posts)The Federal Communications Commission regulates interstate and international communications by radio, television, wire, satellite, and cable in all 50 states, the District of Columbia and U.S. territories. An independent U.S. government agency overseen by Congress, the Commission is the federal agency responsible for implementing and enforcing Americas communications law and regulations.
https://www.fcc.gov/about/overview
former9thward
(32,121 posts)Over-the-air broadcasts by local TV and radio stations are subject to certain speech restraints, but speech transmitted by cable or satellite TV systems generally is not. The FCC does not regulate online content.
https://www.fcc.gov/consumers/guides/fcc-and-speech#:~:text=Over%2Dthe%2Dair%20broadcasts%20by,restraints%20and%20obligations%20on%20broadcasters.
Spazito
(50,563 posts)so no need for me to try anything more.
former9thward
(32,121 posts)The U.S. is not Canada. Thank goodness. Much to your disappointment I'm sure.
Spazito
(50,563 posts)and some cases that have dealt with it, it is from 2011:
When is it hate speech?: 7 significant Canadian cases
https://www.cbc.ca/news/canada/when-is-it-hate-speech-7-significant-canadian-cases-1.1036731
Just a note; the term 'hate speech' isn't used in the Criminal Code or the Human Rights Code. The terms used are:
Public Incitement of Hatred
Willful Promotion of Hatred
as well as Willful Promotion of Antisemitism
https://laws-lois.justice.gc.ca/eng/acts/C-46/section-319.html
Alexander Of Assyria
(7,839 posts)Spazito
(50,563 posts)used and to whom it was directed, imo.
Alexander Of Assyria
(7,839 posts)Initech
(100,129 posts)Meowmee
(5,164 posts)and then there is also allowing pretty much anyone to run for office, have nazi campaign rallies while inciting violence, murder millions while in office with malfeasance aforethought, stage an insurrection, and coup, commit numerous other serious crimes, and get away with it all and then run again... and so on... but that is all ok... because.... NOT
The Grand Illuminist
(1,341 posts)Though I disagree with the assessment, I do see the point because the founding fathers never anticipated the vast communications we have now.