On 27 February, the Supreme Court of Canada ruled that Canada’s human rights “hate speech” laws are a constitutionally valid limit on freedom of expression.
The case was initially heard in the Canadian province of Saskatchewan and concerned some anti-gay flyers distributed by Mr Bill Whatcott. The case was taken by the Saskatchewan Human Rights Commission on appeal following a Saskatchewan Court decision that overturned its original ruling against Mr Whatcott.
The Saskatchewan province’s hate speech laws, under s.14(1)(b) of the Saskatchewan Human Rights Code, prohibits the publishing or broadcasting of anything that "exposes or tends to expose to hatred, ridicules, belittles or otherwise affronts the dignity of any person or class of persons on the basis of a prohibited ground”.
The Canadian Supreme Court considered whether the hate speech section of the Saskatchewan’s Human Rights Code violated freedom of expression or freedom of religion protections under the Canadian Charter of Rights and Freedoms. The Court found that the section addresses a pressing and important issue, and is proportional to its objective of “tackling causes of discriminatory activity to reduce the harmful effects and social costs of discrimination.”
David Arnot, Chief Commissioner for the Saskatchewan Human Rights Commission welcomed the ruling. “We are very pleased that the Supreme Court of Canada affirmed the validity of our human rights legislation, recognising it strikes the proper balance between freedom of expression and freedom from the fear that comes with hate-filled speech," said Arnot.
Click here to read the judgment
Click here to read a Jurist article
Meanwhile in other news, Minister for Justice Alan Shatter, looked at the issue of “hate speech” in a speech delivered to the Academy of European Law in Brussels last week. Minister Shatter highlighted concern over the rise of racist and anti-sematic incidents in Europe. He argued that "principled defence of free speech requires legal control of hate speech”. He noted that hate speech leads to discrimination and social exclusion of certain groups.
Click here to read a press release from Merrionstreet.ie
In Ireland, racist hate speech is dealt with under the Prohibition of Incitement to Hatred Act 1989. The Act proscribes words or behaviours which are "threatening, abusive or insulting and are intended or, having regard to all the circumstances, are likely to stir up hatred". This offence is strictly limited to hatred on grounds of race, colour, nationality, religion, ethnic or national origins, sexual orientation or membership of the Travelling community. It is extremely difficult to prove the necessary intention to stir up hatred and thus extremely difficult to secure a conviction under the Act. A number of NGOs including the Irish Traveller Movement and the Irish Network against Racism have called on the Minister for Justice to reform the law on incitement to hatred.
Bulletin readers may remember that the Act was relied on last year in a case concerning online material that was abusive and threatening towards Travellers . The case was dismissed on grounds that there was a reasonable doubt that there was intent to incite hatred.
Click here to read a 2008 report by Jennifer Schweppe and Dermot Walsh at the University of Limerick's Centre for Criminal Justice - Combating Racism and Xenophobia through the Criminal Law - which includes analysis of the Incitment to Hatred Act and related legislation.