The Complications of Criminalizing Speech That May Spread Hate

The Complications of Criminalizing Speech That May Spread Hate
Canadian Heritage Minister Steven Guilbeault, who introduced Bill C-10 in the House of Commons in November 2020, rises during question period on Nov. 3, 2020. The Canadian Press/Adrian Wyld
Cory Morgan
Updated:
Commentary

Speech in Canada has long had reasonable limits placed upon it. It is illegal to incite violence against a person or group. One can’t encourage others to commit a criminal act nor, as the old cliche goes, can a person shout “fire” in a crowded theatre with impunity. When the path from speech to direct harm can be clearly established, people can be held criminally responsible. When we try to criminalize speech that may spread hate, things become complicated.