The Canadian Charter of Rights and Freedoms, which falls under the Constitution Act of 1982, guarantees the rights and freedoms of all Canadians. It encompasses all aspects of human rights, from fundamental freedoms such as mobility, through legal rights, to the right to free communication. In particular, it states that everyone is entitled to the fundamental freedom of thought, belief, opinion and expression; and this freedom extends to the press and other communications media.
But while the Charter allows all Canadians to freely express their thoughts and opinions, it also protects everyone's right to be treated fairly, without discrimination — a point that "freedom of speech" advocates sometimes ignore.
Guarantee of Rights and Freedoms
Section 1 of the Charter guarantees citizens’ rights and freedoms only within such reasonable limits as can be justified in a free and democratic society.
Equality of Rights
Section 15 emphasizes that every individual is equal before and under the law; and has the right to equal protection and equal benefit without discrimination on the basis of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. (That equality of rights does not, however, preclude any law, program or activity that aims to better the condition of disadvantaged individuals or groups.)
Despite the charter’s emphasis freedom of speech, though, sections 1 and 15 both leave room for laws that limit such freedom —including the hate provisions in sections 318 and 319 of Canada’s Criminal Code, and section 13 of the Human Rights Act. Other offences, such as obscenity and child pornography, could also challenge the limits of individual freedom of expression, as prescribed by section 163 of the Criminal Code.
Hate Propaganda vs. Free Speech
In a high-profile case in 1990, the Supreme Court of Canada weighed James Keegstra’s rights to free speech against the offence of wilfully promoting hatred under the Criminal Code. As a teacher, Keegstra made racist comments in the classroom.
The court ruled that under section 1 of the Canadian Charter of Rights and Freedoms, a limitation of free expression is justified in a democratic society. The court stated that since hate propaganda harms us all, then stopping its spread helps people from different backgrounds to live together — and may even reduce violence in Canada. For these reasons, the Supreme Court said that section 1 of the Charter "saves" the crime of wilfully promoting hatred. In other words, the court said that that Keegstra had in fact broken the law.
Full Text: Canadian Charter of Rights and Freedoms
