The Canadian Human Rights Commission has released Prof Richard Moon’s report on Section 13 of the Canadian Human Rights Act and the regulation of hate speech on the internet. I have only read his conclusion but, based solely on that, we can say that the report is not what was expected.

This is the full text of the report’s conclusion:

I have taken the position in this report that the censorship of hate speech should be limited to speech that explicitly or implicitly threatens, justifies or advocates violence against the members of an identifiable group. However, the prohibition of this narrow category of extreme expression fits awkwardly in a human rights law that is concerned with the eradication of discrimination through education and conciliation. It is for this reason that my principal recommendation is that section 13 of the CHRA be repealed. The Criminal Code hate speech provisions, and in particular section 319(2) and section 320.1, offer an effective response to hate speech while respecting the public and constitutional commitment to freedom of expression. If section 13 is retained, however, I have proposed a series of amendments to the scope of the section, and the related complaint process, which are intended to make the hate speech ban fairer and more efficient. Censorship of expression that stereotypes or defames the members of an identifiable group is not a practical option and so we must, as a community, develop other ways to respond to this expression.

The full report can be viewed here (html) or downloaded here (pdf).

The federal government should act on Prof Moon’s recommendation ASAP.

Possibly related posts

• 26 November 2008 -- Keith Martin: The ball is in Parliament’s court
• 3 April 2009 -- Quebec HRT finds for plaintiff despite no corroboration
• 21 February 2009 -- BC HRT fines complainant $3500
• 12 February 2009 -- No democracy without free expression

Tags: Civil liberties, Human Rights Commissions, Richard Moon
Filed under: Canada, Canadian Politics and Government
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