Hate speech is essential, as it can have significant consequences for individuals and society. In Canada, specific laws have been established to protect people from hate speech. These laws are in place to promote a safe and inclusive environment for all, regardless of race, religion, sexual orientation, or other characteristics. The debate proposition is that Canada should continue to prohibit public hate speech via the Criminal Code and human rights laws to protect select identity communities from harm. This debate paper will explore the different types of hate speech offences, their consequences, and the available defences. Additionally, it will look at the lived perspectives of the Indigenous and Chinese communities. Finally, it will present
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These laws were placed because the Canadian government wanted to stop genocide and hatred toward particular groups (Walker, 2018, p. 7). This law created the Criminal Code of Canada, sections 318 to 320.1 (Walker, 2018, p. 8). A court case was conducted to see if hate should be an aggravating factor during sentencing (Hate as an Aggravating Factor at Sentencing: A Review of the Case Law from 2007–2020). They found that the times the judges considered the use of hate crime as an aggravating factor was in severe cases, notably where there was assault involved (Hate as an Aggravating Factor at Sentencing: A Review of the Case Law from 2007–2020).
Moreover, as of 2018, the number of police-reported hate crimes had increased yearly (Government of Canada, Statistics Canada, 2023). This number has doubled from 2018 to 2022 (Government of Canada, Statistics Canada, 2023). The minority community now needs to fear the police when, in fact, they are supposed to be there to keep them safe. Canada has also passed a Sentencing Reform Bill that could help increase the penalties for hate-motivated crimes (Executive Summary,
These laws were placed because the Canadian government wanted to stop genocide and hatred toward particular groups (Walker, 2018, p. 7). This law created the Criminal Code of Canada, sections 318 to 320.1 (Walker, 2018, p. 8). A court case was conducted to see if hate should be an aggravating factor during sentencing (Hate as an Aggravating Factor at Sentencing: A Review of the Case Law from 2007–2020). They found that the times the judges considered the use of hate crime as an aggravating factor was in severe cases, notably where there was assault involved (Hate as an Aggravating Factor at Sentencing: A Review of the Case Law from 2007–2020).
Moreover, as of 2018, the number of police-reported hate crimes had increased yearly (Government of Canada, Statistics Canada, 2023). This number has doubled from 2018 to 2022 (Government of Canada, Statistics Canada, 2023). The minority community now needs to fear the police when, in fact, they are supposed to be there to keep them safe. Canada has also passed a Sentencing Reform Bill that could help increase the penalties for hate-motivated crimes (Executive Summary,