Report to the Canadian Human Rights Commission
Concerning Section 13 of the Canadian Human Rights Act
and the Regulation of Hate Speech on the Internet

Richard Moon

October 2008

This report is also available in .pdf format.

News Release
Summary of Recommendations

Table of Contents

Acknowledgements

1.  Introduction

(a) The Scope of the Report
(b) Summary of Recommendations

2.  Canadian Hate Speech Law

(a)  An Overview of Canadian Hate Speech Law
(b)  Section 13 of the Canadian Human Rights Act

(i) The Text of Section 13
(ii) The History of Section 13
(iii) The Interpretation of the Scope of Section 13
(iv) The CHRC and the Section 13 Complaint Process

(c)  The Criminal Code Hate Speech Provisions
(d)  Provincial and Territorial Human Rights Codes
(e)  The Canadian Charter of Rights and Freedoms
(f)  International Treaties

3.  Freedom of Expression and the Regulation of Hate Speech

(a) Equality, Human Rights and Hate Speech
(b) Freedom of Expression
(c) Judicial Review of Hate Speech Laws
(d) Hate Speech on the Internet

4.  Refocusing Hate Speech Law

(a)  Focusing on Extreme or Hateful Expression

(i) Threats
(ii) Advocacy

(b)  The Repeal of Section 13 and Reliance on the Criminal Code Hate Speech Provisions
(c)  The Amendment of Section 13

(i) The Scope of Section 13
(ii) The CHRC Complaint Process

5. The Role of Non-State Actors in the Prevention of Hate Speech

(a)  Internet Service Providers
(b)  Press Councils

6. Conclusion

Endnotes

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