Urback: Canada’s hate speech laws don’t need a rewrite. They need to be enforced
2025/12/16 Leave a comment
Agree:
…Whether that was a reasonable conclusion is a matter of debate (who, I wonder, was Mr. Charkaoui referring to when he called for the killing of Zionists?), but the religious exemption under the Criminal Code is not what got him off the hook. And even if Mr. Charkaoui was charged with hate speech and he decided to lean on 319(3)(b) as a defence, the Crown could still make the case that his statements were not a “good faith” reading of a religious text, and that he was willfully promoting hatred with an intention that went well beyond an interpretation of scripture. It seems the problem here – as with many other instances of, for example, protesters intimidating people outside of their homes or places of worship, or individuals spreading hateful messages at public events – is one of enforcement of existing laws and a willingness to prosecute, and not of a subsection defence in the Criminal Code.
It is easy to see why many people would think scrapping the religious exemption is a good thing. Why wouldn’t we want to remove any crutch upon which bigots can rely to get away with spreading messages of hate? But on principle, we should demand government restrictions on speech to be as narrow as possible, so that the law doesn’t end up criminalizing good-faith readings of religious texts. In his capacity as chair of the House of Commons Standing Committee on Justice and Human Rights, Marc Miller, now the Minister of Canadian Identity and Culture, cited Bible verses he personally considers “hateful.” That’s fine as a matter of personal opinion, but alarming when the government is opening the door to criminal conviction.
Source: Canada’s hate speech laws don’t need a rewrite. They need to be enforced

