Hate speech laws in Canada
Encyclopedia
Hate speech laws in Canada include provisions in the Criminal Code of Canada
, provisions in the Human Rights Act and in other federal legislation, and statutory provisions in each of Canada's ten provinces and three territories. The Criminal Code prohibits "hate propaganda." The Canadian Human Rights Act
prohibits discrimination on various grounds, and forbids the posting of hateful or contemptuous messages on the Internet. Legislation in the provinces and territories prohibits discrimination on the same grounds as Canada's Human Rights Act in matters of provincial or territorial concern such as employment and accommodation.
incorporates the Canadian Charter of Rights and Freedoms
. Section 2
of the of the Charter grants to everyone, among other things, freedom of conscience and religion, and freedom of thought, belief, opinion and expression, including freedom of the press and other media. Section 1
restricts the granted freedoms by making them subject "only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society."
Section 318 prescribes imprisonment for a term not exceeding five years for anyone who advocates genocide. The Code defines genocide as the destruction of an "identifiable group." The Code defines an "identifiable group" as "any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation."
Section 319 prescribes penalties from a fine to imprisonment for a term not exceeding two years for anyone who incites hatred against any identifiable group.
Section 320 allows a judge to confiscate publications which appear to be hate propaganda.
Under section 319, an accused is not guilty:
(a) if he establishes that the statements communicated were true;
(b) if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;
(c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or
(d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.
, the Crown charged David Ahenakew
with wilfully inciting hatred because of the remarks he made about Jews to a reporter. In 2005, the Provincial Court convicted Ahenakew, and fined him $1,000. In 2008, the Attorney General for Saskatchewan decided to retry the matter after the conviction was overturned on appeal. On 23 February 2009, Judge Wilfred Tucker of the Saskatchewan Provincial Court said Ahenakew's remarks were "revolting, disgusting, and untrue," but they did not constitute "promoting hatred."
In Canada (Human Rights Commission) v. Taylor, [1990] 3 S.C.R. 892 at 902, the Supreme Court said hate propaganda denotes any expression that is "intended or likely to circulate extreme feelings of opprobrium and enmity against a racial or religious group".
The Supreme Court of Canada
, by a bare 4-3 plurality, upheld the constitutionality of section 319 in R. v. Keegstra
[1990] 3 S.C.R. 697.
administers the Canadian Human Rights Act
. Section 3 of the Act prohibits discrimination based on "race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for which a pardon has been granted." Section 13(1) addresses the issue of hate speech. The section states:
Section 13(2) makes clear that posting hateful or contemptuous messages to the Internet is prohibited.
Section 54(1) allows a Canadian Human Rights Tribunal
to order a respondent to cease any discriminatory practice, to compensate the victim where the discrimination was wilful or reckless by an amount not exceeding $20,000, and to pay a penalty of not more than $10,000.
In Warman v. Northern Alliance, 2009 CHRT 10, Edward Peter Lustig held that the respondent's website was in violation of s. 13(1) because the website carried controversial remarks about Roma, Jews, Muslim
s, homosexuals, black
s, Arab
s, and others. The adjudicator made an order pursuant to s. 54(1)(a) to ensure that the impugned website, which is defunct, remained inactive.
In Chopra v. Health Canada, 2008 CHRT 39, Pierre Deschamps ruled that Shiv Chopra
, a microbiologist at Health Canada, was entitled to $4,000 in damages from Health Canada for hurt feelings, lost wages, and interest. The adjudicator found that Chopra was subjected to discriminatory comments, was suspended in retaliation for filing an earlier human rights complaint, and had been passed over when he could have had a temporary promotion to acting chief of his division.
In December 2007, the Canadian Islamic Congress filed a complaint about hate speech
against Maclean's Magazine. The substance of the complaint was that Maclean's was publishing articles (a column by Mark Steyn
) that insulted Muslims. The Congress filed its complaint with the Canadian Human Rights Commission
, the British Columbia Human Rights Tribunal
and the Ontario Human Rights Commission
. The Ontario Human Rights Commission ruled that it did not have the jurisdiction to hear the complaint. The British Columbia Human Rights Tribunal dismissed the complaint 10 October 2008. The Canadian Human Rights Commission dismissed the complaint on 26 June 2008.
In Warman v. Winnicki, 2006 CHRT 20, Karen A. Jensen found the respondent had posted messages to the Internet which were "vicious and dehumanizing". The adjudicator ordered the respondent to cease and desist his discriminatory practices and to pay a penalty of $6,000.
In Citron v. Zündel TD 1/02 (2002/01/18) the Tribunal found that the respondent had theories of secret conspiracies by Jews. The respondent posted his theories to the Internet. The Tribunal found that the tone and extreme denigration and vilification of Jews by the respondent was a violation of s. 13(1). The Tribunal ordered the respondent to cease and desist his discriminatory practices.
The context of publications is where the issue of hate speech arises. The provincial and territorial human rights acts usually have provisions similar to these provisions (Section 12 of Prince Edward Island
's Human Rights Act): No person shall publish, display or broadcast, or permit to be published, displayed or broadcasted on lands or premises, or in a newspaper or through a radio or television broadcasting station or by means of any other medium, any notice, sign, symbol, implement or other representation indicating discrimination or an intention to discriminate against any person or class of persons. Nothing in this section shall be deemed to interfere with the free expression of opinion upon any subject in speech or in writing.
A person who believes that his rights under a provincial or territorial human rights act have been violated may seek redress through a Human Rights Commission. As a rule, the commission receives a complaint and, if it appears to be within the commission's jurisdiction, the commission investigates the matter. The commission may try to bring the complainant and the respondent to a settlement, or it may turn the issue over to an adjudicator. In practice, many complaints are successfully resolved through mediation.
Differences between the provinces and territories appear in the authority granted to an adjudicator and in the amounts prescribed for compensation and penalties. All adjudicators have the authority to order a respondent to cease any contravention of the human rights legislation, and not to engage in any contravention from the date of the order. All adjudicators have the authority to order that the respondent compensate the complainant for any loss occasioned by the respondent's contravention. Some adjudicators have the authority to order that the respondent pay "emotional damages" to the complainant, or pay a penalty for wilful or reckless misconduct.
's Human Rights Act allows its adjudicator to order inter alia compensation "for injury to dignity, feelings or self-respect" and "for any malice or recklessness", and to order an apology.
' Human Rights Act prohibits discrimination on the common grounds and on "social condition". The section regarding publication (s.13) explicitly forbids any means of expression that "is likely to expose any individual or class of individuals to hatred or contempt". The adjudicator may order inter alia a respondent "to pay to a complainant an amount that the adjudicator considers appropriate to compensate that complainant for injury to dignity, feelings and self respect". If the adjudicator finds that the respondent "acted wilfully or maliciously", or that the respondent repeatedly contravened the Act, the adjudicator may order the respondent to pay an amount not exceeding $10,000 as exemplary or punitive damages".
Human Rights Act prohibits treating any individual or group unfavourably on account of the common grounds and "source of income". The Act does not have any specific provision that forbids discriminatory publications, displays, or broadcasts.
's Human Rights Code , an adjudicator must order a violator to cease contravening the Code, and may order inter alia that the violator pay to the complainant an amount that the adjudicator considers appropriate "for injury to dignity, feelings and self respect or to any of them".
In Khanna v. Common Ground Publishing Corp., 2005 BCHRT 398, Tonie Beharrell considered a complaint about an image on the cover of a magazine. The image was a representation of the Hindu god Shiva
in the form of Nataraja
. The representation had a circle of fire with modern artifacts, e.g., a hamburger. The adjudicator found no merit in the claim that the image would make it "acceptable for others to express hatred and contempt for Hindus".
's Human Rights, Citizenship and Multiculturalism Act forbids discrimination upon the common grounds except for political opinion, but also on account of "source of income". The Act forbids a publication or display that "is likely to expose a person or a class of persons to hatred or contempt". An adjudicator has no authority to order that a respondent pay to the complainant "emotional damages" or pay a penalty. The authority responsible for the Act is the Alberta Human Rights and Citizenship Commission (AHRCC).
In 2006, the Muslim Council of Edmonton and the Supreme Islamic Council of Canada complained to the AHRCC when Ezra Levant
published cartoons that were featured first in Denmark in the magazine Jyllands-Posten
. The Commission dismissed the complaint on 5 August 2008.
In June 2002, Reverend Stephen Boissoin sent to the Red Deer Advocate a letter to the editor. The Advocate published the letter, which said it was aimed at anyone who "supports the homosexual machine that has been mercilessly gaining ground in our society since the 1960's". Dr. Darren Lund complained about Boissoin's remarks to the AHRCC. In the end, the Alberta Court of Queen's Bench dismissed the complaint. See Lund v. Boissoin
.
On 2 April 2002, the Edmonton Journal and the Calgary Herald published an editorial which reported that a meeting of the Organisation of the Islamic Conference
was taking place in Malaysia on the subject of terrorism. The editorial said the meeting would "no doubt be a farce". The editorial went on to disparage the behaviour of Muslim
s, especially the Palestinians
. Muslim and Palestinian organizations and their supporters complained about the editorial to the AHRCC. The complainants said the editorial was likely to incite hatred and contempt toward Palestinian Arabs and Muslims. On 21 September 2009, commission director Marie Riddle dismissed the complaints.
had the first legislation in North America (1947) to prohibit victimisation on account of race, religion, colour, sex, nationality, ancestry, and place of origin. Saskatchewan's Human Rights Code prohibits discrimination upon the common grounds and on account of "receipt of public assistance". The Code forbids any publication or display "that exposes or tends to expose to hatred, ridicules, belittles or otherwise affronts the dignity of any person or class of persons". An adjudicator may award inter alia to the complainant compensation up to $10,000 either for the respondent's misconduct if it was wilful and reckless or for injury to "feeling, dignity or self-respect".
In 2005, the Saskatchewan Human Rights Tribunal fined Bill Whatcott
, leader of a small group called the Christian Truth Activists, $17,500 because he distributed flyers that had controversial comments about homosexuals.
In June 1997, the Saskatchewan Human Rights Tribunal held that Hugh Owens had breached the Human Rights Code by placing in a newspaper an advertisement that gave citations for passages in the Bible. The passages condemn homosexual behaviour. Owens appealed. The Court of Queen's Bench agreed with the Tribunal. Owens appealed. In 2006, the Court of Appeal reversed the Tribunal's decision. The case was appealed to the Supreme Court of Canada and was heard on October 11, 2011. A decision will not be released for several months.
's The Human Rights Code allows an adjudicator to order inter alia that a respondent pay damages for injury to dignity, feelings or self-respect in an amount that the adjudicator considers "just and appropriate", and to pay a penalty or exemplary damages (up to $2000 in the case of an individual respondent; up to $10,000 in any other case) if malice or recklessness is involved. Manitoba's Code is unique in having an "analogous grounds" provision. Complaints can be based not only on the listed grounds (such as sex, age, national origin, etc.), but also on grounds analogous to the listed ones. For example, the Manitoba Human Rights Commission currently accepts complaints based on gender identity.
Charter of Human Rights and Freedoms prohibits discrimination based on race, colour, sex, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions, language, ethnic or national origin, social condition, a handicap or the use of any means to palliate a handicap. Section 80 provides:
's Human Rights Act has no provision for a payment of "emotional damages" to the complainant. The adjudicator may inter alia impose a fine on an individual of not less than $100 and not exceeding $500, and on any other entity of not less than $200 and not exceeding $2,000.
's Human Rights Act forbids discrimination upon various grounds which depend upon the circumstances. An adjudicator (Board of Inquiry) may order a respondent "inter alia" to compensate a complainant "for any consequent emotional suffering, including that resulting from injury to dignity, feelings or self-respect, in such amount as the Board considers just and appropriate".
's Human Rights Act prohibits discrimination upon the common grounds and upon "an irrational fear of contracting an illness or disease". An adjudicator "may order any party who has contravened this Act to do any act or thing that constitutes full compliance with the Act and to rectify any injury caused to any person or class of persons or to make compensation therefor and, where authorized by and to the extent permitted by the regulations, may make any order against that party, unless that party is the complainant, as to costs as it considers appropriate in the circumstances".
In April 2008, a group in Nova Scotia, the Centre for Islamic Development, filed a complaint with the police and with the Human Rights Commission of Nova Scotia over a cartoon published in the Halifax Chronicle-Herald.
has no provision for "emotional damages".
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
, provisions in the Human Rights Act and in other federal legislation, and statutory provisions in each of Canada's ten provinces and three territories. The Criminal Code prohibits "hate propaganda." The Canadian Human Rights Act
Canadian Human Rights Act
The Canadian Human Rights Act is a statute originally passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be victims of discriminatory practices based on a set prohibited grounds such as gender, disability, or...
prohibits discrimination on various grounds, and forbids the posting of hateful or contemptuous messages on the Internet. Legislation in the provinces and territories prohibits discrimination on the same grounds as Canada's Human Rights Act in matters of provincial or territorial concern such as employment and accommodation.
The constitution
The Constitution of CanadaConstitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
incorporates the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. Section 2
Section Two of the Canadian Charter of Rights and Freedoms
Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or...
of the of the Charter grants to everyone, among other things, freedom of conscience and religion, and freedom of thought, belief, opinion and expression, including freedom of the press and other media. Section 1
Section One of the Canadian Charter of Rights and Freedoms
Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
restricts the granted freedoms by making them subject "only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society."
The Criminal Code of Canada
Sections 318, 319, and 320 of the Code forbid hate propaganda. "Hate propaganda" means "any writing, sign or visible representation that advocates or promotes genocide or the communication of which by any person would constitute an offence under section 319."Section 318 prescribes imprisonment for a term not exceeding five years for anyone who advocates genocide. The Code defines genocide as the destruction of an "identifiable group." The Code defines an "identifiable group" as "any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation."
Section 319 prescribes penalties from a fine to imprisonment for a term not exceeding two years for anyone who incites hatred against any identifiable group.
Section 320 allows a judge to confiscate publications which appear to be hate propaganda.
Under section 319, an accused is not guilty:
(a) if he establishes that the statements communicated were true;
(b) if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;
(c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or
(d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.
Cases under the Criminal Code
In 2003, in SaskatchewanSaskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
, the Crown charged David Ahenakew
David Ahenakew
David Ahenakew was a Canadian First Nations politician, and former National Chief of the Assembly of First Nations.Ahenakew was born at the Sandy Lake Indian Reserve in Saskatchewan...
with wilfully inciting hatred because of the remarks he made about Jews to a reporter. In 2005, the Provincial Court convicted Ahenakew, and fined him $1,000. In 2008, the Attorney General for Saskatchewan decided to retry the matter after the conviction was overturned on appeal. On 23 February 2009, Judge Wilfred Tucker of the Saskatchewan Provincial Court said Ahenakew's remarks were "revolting, disgusting, and untrue," but they did not constitute "promoting hatred."
In Canada (Human Rights Commission) v. Taylor, [1990] 3 S.C.R. 892 at 902, the Supreme Court said hate propaganda denotes any expression that is "intended or likely to circulate extreme feelings of opprobrium and enmity against a racial or religious group".
The Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
, by a bare 4-3 plurality, upheld the constitutionality of section 319 in R. v. Keegstra
R. v. Keegstra
R. v. Keegstra, [1990] 3 S.C.R. 697 is a landmark freedom of expression decision of the Supreme Court of Canada where the Court upheld the Criminal Code of Canada provision prohibiting the wilful promotion of hatred against an identifiable group as constitutional under the freedom of expression...
[1990] 3 S.C.R. 697.
Canadian Human Rights Commission
The Canadian Human Rights CommissionCanadian Human Rights Commission
The Canadian Human Rights Commission is a quasi-judicial body that was established in 1977 by the government of Canada. It is empowered under the Canadian Human Rights Act to investigate and try to settle complaints of discrimination in employment and in the provision of services within federal...
administers the Canadian Human Rights Act
Canadian Human Rights Act
The Canadian Human Rights Act is a statute originally passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be victims of discriminatory practices based on a set prohibited grounds such as gender, disability, or...
. Section 3 of the Act prohibits discrimination based on "race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for which a pardon has been granted." Section 13(1) addresses the issue of hate speech. The section states:
- It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination.
Section 13(2) makes clear that posting hateful or contemptuous messages to the Internet is prohibited.
Section 54(1) allows a Canadian Human Rights Tribunal
Canadian Human Rights Tribunal
The Canadian Human Rights Tribunal is an administrative tribunal established in 1977 by the Canadian Human Rights Act. It is directly funded by the Parliament of Canada and is independent of the Canadian Human Rights Commission which refers cases to it for adjudication under the Act.The Tribunal...
to order a respondent to cease any discriminatory practice, to compensate the victim where the discrimination was wilful or reckless by an amount not exceeding $20,000, and to pay a penalty of not more than $10,000.
Cases under the Human Rights Act
In Warman v. Lemire, 2009 CHRT 26, Athanasios D. Hadjis held that the respondent's right to freedom of thought, belief, opinion and expression should not be infringed by s. 13(1). Accordingly, the adjudicator did not penalize the respondent for his controversial postings to the Internet.In Warman v. Northern Alliance, 2009 CHRT 10, Edward Peter Lustig held that the respondent's website was in violation of s. 13(1) because the website carried controversial remarks about Roma, Jews, Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
s, homosexuals, black
Black
Black is the color of objects that do not emit or reflect light in any part of the visible spectrum; they absorb all such frequencies of light...
s, Arab
Arab
Arab people, also known as Arabs , are a panethnicity primarily living in the Arab world, which is located in Western Asia and North Africa. They are identified as such on one or more of genealogical, linguistic, or cultural grounds, with tribal affiliations, and intra-tribal relationships playing...
s, and others. The adjudicator made an order pursuant to s. 54(1)(a) to ensure that the impugned website, which is defunct, remained inactive.
In Chopra v. Health Canada, 2008 CHRT 39, Pierre Deschamps ruled that Shiv Chopra
Shiv Chopra
Shiv Chopra is a Canadian microbiologist and human rights activist, who was involved in one of the first major whistleblowing incidents in the Canadian public service...
, a microbiologist at Health Canada, was entitled to $4,000 in damages from Health Canada for hurt feelings, lost wages, and interest. The adjudicator found that Chopra was subjected to discriminatory comments, was suspended in retaliation for filing an earlier human rights complaint, and had been passed over when he could have had a temporary promotion to acting chief of his division.
In December 2007, the Canadian Islamic Congress filed a complaint about hate speech
Human rights complaints against Maclean's magazine
Human rights complaints against Maclean's magazine were filed in December 2007 by Mohamed Elmasry of the Canadian Islamic Congress with the Canadian Human Rights Commission, the British Columbia Human Rights Tribunal and the Ontario Human Rights Commission. Maclean's magazine was accused of...
against Maclean's Magazine. The substance of the complaint was that Maclean's was publishing articles (a column by Mark Steyn
Mark Steyn
Mark Steyn is a Canadian-born writer, conservative-leaning political commentator, and cultural critic. He has written five books, including America Alone: The End of the World As We Know It, a New York Times bestseller...
) that insulted Muslims. The Congress filed its complaint with the Canadian Human Rights Commission
Canadian Human Rights Commission
The Canadian Human Rights Commission is a quasi-judicial body that was established in 1977 by the government of Canada. It is empowered under the Canadian Human Rights Act to investigate and try to settle complaints of discrimination in employment and in the provision of services within federal...
, the British Columbia Human Rights Tribunal
British Columbia Human Rights Tribunal
The British Columbia Human Rights Tribunal is a quasi-judicial human rights body in British Columbia, Canada. It was established under the British Columbia Human Rights Code...
and the Ontario Human Rights Commission
Ontario Human Rights Commission
The Ontario Human Rights Commission was established in the Canadian province of Ontario on March 29, 1961 to administer the Ontario Human Rights Code...
. The Ontario Human Rights Commission ruled that it did not have the jurisdiction to hear the complaint. The British Columbia Human Rights Tribunal dismissed the complaint 10 October 2008. The Canadian Human Rights Commission dismissed the complaint on 26 June 2008.
In Warman v. Winnicki, 2006 CHRT 20, Karen A. Jensen found the respondent had posted messages to the Internet which were "vicious and dehumanizing". The adjudicator ordered the respondent to cease and desist his discriminatory practices and to pay a penalty of $6,000.
In Citron v. Zündel TD 1/02 (2002/01/18) the Tribunal found that the respondent had theories of secret conspiracies by Jews. The respondent posted his theories to the Internet. The Tribunal found that the tone and extreme denigration and vilification of Jews by the respondent was a violation of s. 13(1). The Tribunal ordered the respondent to cease and desist his discriminatory practices.
Provinces and Territories
The provinces and territories all have human rights legislation and human rights commissions, except for British Columbia, which has a tribunal but no longer has a commission. As a rule, the legislation forbids discrimination—in the absence of a lawful reason—on the basis of race, colour, ancestry, place of origin, religion, creed, political opinion, marital status, family status, physical or mental disability, sex, sexual orientation, age, and conviction for which a pardon has been granted (hereinafter referenced as "common grounds"). As a rule, the legislation forbids discrimination in at least five contexts: accommodation, employment, the purchase of property, membership in unions and associations, and publications.The context of publications is where the issue of hate speech arises. The provincial and territorial human rights acts usually have provisions similar to these provisions (Section 12 of Prince Edward Island
Prince Edward Island
Prince Edward Island is a Canadian province consisting of an island of the same name, as well as other islands. The maritime province is the smallest in the nation in both land area and population...
's Human Rights Act): No person shall publish, display or broadcast, or permit to be published, displayed or broadcasted on lands or premises, or in a newspaper or through a radio or television broadcasting station or by means of any other medium, any notice, sign, symbol, implement or other representation indicating discrimination or an intention to discriminate against any person or class of persons. Nothing in this section shall be deemed to interfere with the free expression of opinion upon any subject in speech or in writing.
A person who believes that his rights under a provincial or territorial human rights act have been violated may seek redress through a Human Rights Commission. As a rule, the commission receives a complaint and, if it appears to be within the commission's jurisdiction, the commission investigates the matter. The commission may try to bring the complainant and the respondent to a settlement, or it may turn the issue over to an adjudicator. In practice, many complaints are successfully resolved through mediation.
Differences between the provinces and territories appear in the authority granted to an adjudicator and in the amounts prescribed for compensation and penalties. All adjudicators have the authority to order a respondent to cease any contravention of the human rights legislation, and not to engage in any contravention from the date of the order. All adjudicators have the authority to order that the respondent compensate the complainant for any loss occasioned by the respondent's contravention. Some adjudicators have the authority to order that the respondent pay "emotional damages" to the complainant, or pay a penalty for wilful or reckless misconduct.
Nunavut
NunavutNunavut
Nunavut is the largest and newest federal territory of Canada; it was separated officially from the Northwest Territories on April 1, 1999, via the Nunavut Act and the Nunavut Land Claims Agreement Act, though the actual boundaries had been established in 1993...
's Human Rights Act allows its adjudicator to order inter alia compensation "for injury to dignity, feelings or self-respect" and "for any malice or recklessness", and to order an apology.
Northwest Territories
The Northwest TerritoriesNorthwest Territories
The Northwest Territories is a federal territory of Canada.Located in northern Canada, the territory borders Canada's two other territories, Yukon to the west and Nunavut to the east, and three provinces: British Columbia to the southwest, and Alberta and Saskatchewan to the south...
' Human Rights Act prohibits discrimination on the common grounds and on "social condition". The section regarding publication (s.13) explicitly forbids any means of expression that "is likely to expose any individual or class of individuals to hatred or contempt". The adjudicator may order inter alia a respondent "to pay to a complainant an amount that the adjudicator considers appropriate to compensate that complainant for injury to dignity, feelings and self respect". If the adjudicator finds that the respondent "acted wilfully or maliciously", or that the respondent repeatedly contravened the Act, the adjudicator may order the respondent to pay an amount not exceeding $10,000 as exemplary or punitive damages".
Yukon
The YukonYukon
Yukon is the westernmost and smallest of Canada's three federal territories. It was named after the Yukon River. The word Yukon means "Great River" in Gwich’in....
Human Rights Act prohibits treating any individual or group unfavourably on account of the common grounds and "source of income". The Act does not have any specific provision that forbids discriminatory publications, displays, or broadcasts.
British Columbia
British Columbia is unique in no longer having a human rights commission. Complaints can be filed directly with the province's human rights tribunal. Under British ColumbiaBritish Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
's Human Rights Code , an adjudicator must order a violator to cease contravening the Code, and may order inter alia that the violator pay to the complainant an amount that the adjudicator considers appropriate "for injury to dignity, feelings and self respect or to any of them".
In Khanna v. Common Ground Publishing Corp., 2005 BCHRT 398, Tonie Beharrell considered a complaint about an image on the cover of a magazine. The image was a representation of the Hindu god Shiva
Shiva
Shiva is a major Hindu deity, and is the destroyer god or transformer among the Trimurti, the Hindu Trinity of the primary aspects of the divine. God Shiva is a yogi who has notice of everything that happens in the world and is the main aspect of life. Yet one with great power lives a life of a...
in the form of Nataraja
Nataraja
Nataraja or Nataraj , The Lord of Dance; Tamil: கூத்தன் ;Telugu:నటరాజ is a depiction of the Hindu god Shiva as the cosmic dancer Koothan who performs his divine dance to destroy a weary universe and make preparations for god Brahma to start the process of creation...
. The representation had a circle of fire with modern artifacts, e.g., a hamburger. The adjudicator found no merit in the claim that the image would make it "acceptable for others to express hatred and contempt for Hindus".
Alberta
AlbertaAlberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
's Human Rights, Citizenship and Multiculturalism Act forbids discrimination upon the common grounds except for political opinion, but also on account of "source of income". The Act forbids a publication or display that "is likely to expose a person or a class of persons to hatred or contempt". An adjudicator has no authority to order that a respondent pay to the complainant "emotional damages" or pay a penalty. The authority responsible for the Act is the Alberta Human Rights and Citizenship Commission (AHRCC).
In 2006, the Muslim Council of Edmonton and the Supreme Islamic Council of Canada complained to the AHRCC when Ezra Levant
Ezra Levant
Ezra Isaac Levant is a Canadian lawyer, conservative political activist and media figure. He is the founder and former publisher of the Western Standard, hosts The Source daily on Sun News Network, and has written several books on politics....
published cartoons that were featured first in Denmark in the magazine Jyllands-Posten
Jyllands-Posten Muhammad cartoons controversy
The Jyllands-Posten Muhammad cartoons controversy began after 12 editorial cartoons, most of which depicted the Islamic prophet Muhammad, were published in the Danish newspaper Jyllands-Posten on 30 September 2005...
. The Commission dismissed the complaint on 5 August 2008.
In June 2002, Reverend Stephen Boissoin sent to the Red Deer Advocate a letter to the editor. The Advocate published the letter, which said it was aimed at anyone who "supports the homosexual machine that has been mercilessly gaining ground in our society since the 1960's". Dr. Darren Lund complained about Boissoin's remarks to the AHRCC. In the end, the Alberta Court of Queen's Bench dismissed the complaint. See Lund v. Boissoin
Lund v. Boissoin
Lund v. Boissoin is a matter in the Province of Alberta which began in June 2002 as a letter to the editor on the subject of homosexuality from Reverend Stephen Boissoin to the Red Deer Advocate. Dr. Darren Lund complained about the letter to the Alberta Human Rights and Citizenship Commission...
.
On 2 April 2002, the Edmonton Journal and the Calgary Herald published an editorial which reported that a meeting of the Organisation of the Islamic Conference
Organisation of the Islamic Conference
The Organisation of Islamic Cooperation Upon the groups's renaming, some sources provided the English-language translation "Organisation of the Islamic Cooperation", but and have since indicated the preferred English translation omits the "the". is an international organisation consisting of 57...
was taking place in Malaysia on the subject of terrorism. The editorial said the meeting would "no doubt be a farce". The editorial went on to disparage the behaviour of Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
s, especially the Palestinians
Palestine
Palestine is a conventional name, among others, used to describe the geographic region between the Mediterranean Sea and the Jordan River, and various adjoining lands....
. Muslim and Palestinian organizations and their supporters complained about the editorial to the AHRCC. The complainants said the editorial was likely to incite hatred and contempt toward Palestinian Arabs and Muslims. On 21 September 2009, commission director Marie Riddle dismissed the complaints.
Saskatchewan
SaskatchewanSaskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
had the first legislation in North America (1947) to prohibit victimisation on account of race, religion, colour, sex, nationality, ancestry, and place of origin. Saskatchewan's Human Rights Code prohibits discrimination upon the common grounds and on account of "receipt of public assistance". The Code forbids any publication or display "that exposes or tends to expose to hatred, ridicules, belittles or otherwise affronts the dignity of any person or class of persons". An adjudicator may award inter alia to the complainant compensation up to $10,000 either for the respondent's misconduct if it was wilful and reckless or for injury to "feeling, dignity or self-respect".
In 2005, the Saskatchewan Human Rights Tribunal fined Bill Whatcott
Bill Whatcott
William G. Whatcott is a Canadian social conservative activist who campaigns against homosexuality and abortion. The dramatic nature of his activities have attracted attention from the media, including an appearance on The Daily Show...
, leader of a small group called the Christian Truth Activists, $17,500 because he distributed flyers that had controversial comments about homosexuals.
In June 1997, the Saskatchewan Human Rights Tribunal held that Hugh Owens had breached the Human Rights Code by placing in a newspaper an advertisement that gave citations for passages in the Bible. The passages condemn homosexual behaviour. Owens appealed. The Court of Queen's Bench agreed with the Tribunal. Owens appealed. In 2006, the Court of Appeal reversed the Tribunal's decision. The case was appealed to the Supreme Court of Canada and was heard on October 11, 2011. A decision will not be released for several months.
Manitoba
ManitobaManitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
's The Human Rights Code allows an adjudicator to order inter alia that a respondent pay damages for injury to dignity, feelings or self-respect in an amount that the adjudicator considers "just and appropriate", and to pay a penalty or exemplary damages (up to $2000 in the case of an individual respondent; up to $10,000 in any other case) if malice or recklessness is involved. Manitoba's Code is unique in having an "analogous grounds" provision. Complaints can be based not only on the listed grounds (such as sex, age, national origin, etc.), but also on grounds analogous to the listed ones. For example, the Manitoba Human Rights Commission currently accepts complaints based on gender identity.
Ontario
Ontario's Human Rights Code forbids discrimination upon various grounds which depend upon the circumstances. An adjudicator may order inter alia a respondent: to pay monetary compensation to the complainant "including compensation for injury to dignity, feelings and self-respect"; to make restitution to the complainant "including restitution for injury to dignity, feelings and self-respect"; and to do anything that will rectify the respondent's violation of the Code.Quebec
Section 10 of the QuebecQuebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
Charter of Human Rights and Freedoms prohibits discrimination based on race, colour, sex, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions, language, ethnic or national origin, social condition, a handicap or the use of any means to palliate a handicap. Section 80 provides:
- Where the parties will not agree to negotiation of a settlement or to arbitration of the dispute or where the proposal of the commission has not been implemented to its satisfaction within the allotted time, the commission may apply to a tribunal to obtain, where consistent with the public interest, any appropriate measure against the person at fault or to demand, in favour of the victim, any measure of redress it considers appropriate at that time.
Prince Edward Island
Prince Edward IslandPrince Edward Island
Prince Edward Island is a Canadian province consisting of an island of the same name, as well as other islands. The maritime province is the smallest in the nation in both land area and population...
's Human Rights Act has no provision for a payment of "emotional damages" to the complainant. The adjudicator may inter alia impose a fine on an individual of not less than $100 and not exceeding $500, and on any other entity of not less than $200 and not exceeding $2,000.
New Brunswick
New BrunswickNew Brunswick
New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area...
's Human Rights Act forbids discrimination upon various grounds which depend upon the circumstances. An adjudicator (Board of Inquiry) may order a respondent "inter alia" to compensate a complainant "for any consequent emotional suffering, including that resulting from injury to dignity, feelings or self-respect, in such amount as the Board considers just and appropriate".
Nova Scotia
Nova ScotiaNova Scotia
Nova Scotia is one of Canada's three Maritime provinces and is the most populous province in Atlantic Canada. The name of the province is Latin for "New Scotland," but "Nova Scotia" is the recognized, English-language name of the province. The provincial capital is Halifax. Nova Scotia is the...
's Human Rights Act prohibits discrimination upon the common grounds and upon "an irrational fear of contracting an illness or disease". An adjudicator "may order any party who has contravened this Act to do any act or thing that constitutes full compliance with the Act and to rectify any injury caused to any person or class of persons or to make compensation therefor and, where authorized by and to the extent permitted by the regulations, may make any order against that party, unless that party is the complainant, as to costs as it considers appropriate in the circumstances".
In April 2008, a group in Nova Scotia, the Centre for Islamic Development, filed a complaint with the police and with the Human Rights Commission of Nova Scotia over a cartoon published in the Halifax Chronicle-Herald.
Newfoundland and Labrador
The Human Rights Code of Newfoundland and LabradorNewfoundland and Labrador
Newfoundland and Labrador is the easternmost province of Canada. Situated in the country's Atlantic region, it incorporates the island of Newfoundland and mainland Labrador with a combined area of . As of April 2011, the province's estimated population is 508,400...
has no provision for "emotional damages".