fbpx
CIJA
  • Mail
  • Facebook
  • Twitter
  • Instagram
  • Donate
  • Contact
  • Media Requests
  • Français
Menu
  • About CIJA
      • Who We Are
        • CIJA-nav-aboutAbout Us
        • Untitled-3The CIJA Team
        • Untitled-2Board of Directors
        • nav-faqFAQs
      • What We Do
        • Our Work
          • Training Sessions
          • National Community Security Program
          • Campus
          • Government Relations
          • Community Relations
          • Canadian Rabbinic Caucus
          • Educational Missions to Israel
        • Campaigns
          • BUYcott Israel
          • Size Doesn’t Matter
      • Become an Advocate
          • Training Sessions
            • Bridging the Gap: Government Relations Strategies for Organizations
            • Citizen Journalism: The Power of Digital Advocacy
            • Exploring Bias: “Fake News” and the Media
            • Government Relations 101: Making Your Voice Heard by Elected Officials
            • Israel 101: Back to Basics
            • Managing the Unexpected: Crisis Communications
            • Talk the Talk: Spokesperson and Leadership Media Training
            • The Science of Changing Minds: Strategic Tools for Advocates
            • Survey Says: Speaking with Canadians About Israel
            • “Undergradvocate”: Grassroots Political Organizing on Campus
            • NCSP: Securing Canada’s Jewish Community
          • Campus
            • FAQs: Ten Big Questions You Might Face On Campus
            • Downloads
            • Israel Young Leaders Program
          • Speak Up
            • The Exchange
            • Action Alerts
            • Write to Your Local Paper
      • Get Involved
          • Get Involved
            • Local Partner Councils
          • Internships & Opportunities
            • Jobs
            • Parliamentary Internship Program
            • Candidature au stage parlementaire provincial de CIJA-Québec
    • Close
  • Make an Impact
      • Learn More
        • About Us
        • CIJA’s Team
        • FAQ’s
        • CIJA Priorities
        • Shared Values
        • Canadian Rabbinic Caucus
        • Missions
        • Resources
        • Size Doesn’t Matter
        • BUYcott Israel
      • Speak Up
        • The Exchange
        • Citizen Journalism: The Power of Digital Advocacy
        • Managing the Unexpected: Crisis Communications
        • Talk the Talk: Spokesperson and Leadership Media Training
        • Survey Says: Speaking with Canadians About Israel
        • Contact
      • Take Action
        • CIJA Near You
        • Internships and Opportunities
        • Action Alerts
        • GTA Community Advisory Committee
        • Local Partner Councils
        • BUYcott Israel
        • Democracy in Action
    • Close
  • CIJA Priorities
  • Resources
  • News
      • CIJA Press Releases
      • Government Statements
      • Yesterday in Parliament
      • Canada-Israel Cooperation
      • United Nations
      • Israeli Politics
      • Israel-Palestinian Peace Talks
      • Antisemitism
      • BDS
      • Campus
      • CIJA Publications
      • Hamas
      • Israel Science and Technology
      • Israeli Culture
      • Judaism
      • Middle East
      • Iran
      • A Word from Our Chair
      • Holidays and Commemorations
      • CIJA-nav-press
      • cija_showcase_nav
      • nav-the-exchange
    • Close
  • CIJA Near You
      • CIJA Near You
      • The Community Connections Guide
    • Close
  • Support CIJA
    • Close
Protecting Canadians from Hate Speech
While section 13 was deficient in safeguarding a proper balance between freedom of speech and protection from hate, the current status quo is also lacking in balance.

Key Points

  • In June 2013, Private Member’s Bill C-304 became law, eliminating section 13 of the Canadian Human Rights Act, which protected the most vulnerable members of society from hate speech.
  • Section 13 was deficient in safeguarding a proper balance between freedom of speech and protection from hate, however the current status quo is also lacking in balance.
  • The federal government should either enact legislation to replace the former section 13 with a new provision that strikes an appropriate balance, or determine uniform guidelines and training programs with its provincial counterparts to advance education about the dangers of hate propaganda and ensure more active use of the Criminal Code hate speech provisions.
Click here for more information

Private Member’s Bill C-304 became law in June 2013, eliminating section 13 of the Canadian Human Rights Act. Section 13 was created as a shield to protect the most vulnerable members of society from hate speech. It provided an effective tool, particularly in the fight against antisemitism and Holocaust denial. Unfortunately, section 13 was used increasingly to stifle valid criticism and chill legitimate expression, and it became a divisive issue. After a series of town hall meetings to elicit feedback, CIJA called for hate speech to be addressed either through a more robustly applied Criminal Code or through a substantially reformed Human Rights Act, addressing section 13’s widely recognized deficiencies.

In his 2008 report to the Canadian Human Rights Commission, law professor Richard Moon noted a lack of prosecution of hate speech under the Criminal Code “not because the attorney general decided that the case was weak but because s/he did not regard hate speech as a significant problem.” With the repeal of section 13, this deficiency must be corrected. CIJA reached out to the RCMP and federal, provincial, and territorial justice ministers with specific recommendations to ensure a more active application of Criminal Code hate speech provisions, including enhanced public and police education on hate speech issues. To date, our recommendations have not been adopted, leaving a gap in Canada’s hate speech protections.

The federal government could make a meaningful contribution to resolving this issue by enacting legislation to replace the former section 13 with a new provision that strikes an appropriate balance between freedom of speech and protection from hate. Alternatively, the government could convene a meeting of federal, provincial and territorial justice ministers to determine uniform guide- lines and training programs to ensure more active use of the Criminal Code hate speech provisions, coupled with a national education campaign about the dangers of hate propaganda.

Download
Canada, CIJA Priorities, Community
Posted on January 1, 2016
Updated on August 19, 2016

Media Requests

Are you a member of the media with questions?

Reach out

CIJA Security

Community Security is CIJA’s top priority.

Report an Incident

Join Our Mailing List

Receive updates on issues.

Areas of Interest

© Copyright 2015 CIJA. All rights reserved.
Legal and Privacy Information