Canadian Constitutional Law #30: Hate Speech




LoaLS: All Feeds show

Summary: Is hate speech a form of expression? Can it earn the same Charter protection as dissident political speech? In this podcast, we will discuss hate speech, focusing mainly on R v Keegstra. We will briefly compare the Canadian and American conceptions of hate speech. Unlike in the USA, Canadian courts have held hate speech to be an inherently harmful activity analogous to a verbal assault, which is not deserving of the same protection as other forms of expression. This view is not unanimous, and we will look at McLachlin Jacirc;euro;trade;s dissent in Keegstra and Taylor as an alternative view of hate speech not accepted by the supreme court. R v Keegstra (1990) Taylor v Canadian Human Rights Commission (1990) Collin v Smith (1978) (American Case, for comparison only) RAV v City of St Paul, Minnesota (1992) (American Case, for comparison only) Ross v New Brunswick School District No 15 (1996) Saskatchewan (HR commission) v Bell (1991)