Canada: Hate Speech Law Unconstitutional

More good news (I guess) on the freedom of speech front:

The Canadian Human Rights Tribunal on Wednesday ruled that Section 13, Canada’s much maligned human rights hate speech law, violates the Charter right to free expression because it carries the threat of punitive fines.

The shocking decision by Tribunal member Athanasios Hadjis leaves several hate speech cases in limbo, and appears to strip the Canadian Human Rights Commission of its controversial legal mandate to pursue hate on the Internet, which it has strenuously defended against complaints of censorship.

It also marks the first major failure of Section 13 of the Canadian Human Rights Act, an anti-hate law that was conceived in the 1960s to target racist telephone hotlines, then expanded in 2001 to the include the entire Internet, and for the last decade used almost exclusively by one complainant, activist Ottawa lawyer Richard Warman.

[…]

All sides seem to agree, however, that the stage is set for pitched battle in federal court, where CHRT rulings can be appealed. Another less likely outcome is for Parliament itself to repeal or amend Section 13, a law that even supporters say needs updating in the age of the Internet.

Source: National PostHate speech law unconstitutional

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