Expanding Protections Against Hate Speech and Hate Crimes

The Canadian Human Rights Act is being updated to include provisions that prohibit online hate speech. This includes portraying groups as violent or comparing them to animals, vermin, or excrement. The Human Rights Commission will be responsible for investigating complaints and determining if they meet the criteria for referral to the Canadian Human Rights Tribunal.

The bill establishes a high threshold for what constitutes hate speech, excluding offensive or humiliating comments that express dislike, disdain, or political dissent. However, individuals found guilty of posting hate speech may be required to remove the post and pay victims compensation of up to $20,000. Repeated violations could result in fines of up to $50,000.

The bill also creates a new hate-crime offense with a potential penalty of life imprisonment for hate-motivated conduct. This penalty applies to crimes already punishable at that level, such as aggravated sexual assault or attempted murder. The penalty for advocating genocide is also increased to life imprisonment, although a high bar is set for conviction, requiring direct and public communication with the intent to incite genocide.

Other hate-propaganda offenses, such as inciting hatred or violence against identifiable groups or promoting antisemitism, will now carry a penalty of up to five years in prison. The bill also allows courts to impose restrictions on individuals suspected of planning hate crimes or hate-propaganda offenses, even if they have not yet committed any acts. These restrictions could include home confinement or electronic monitoring for up to two years.