Document Type
Journal Article
Abstract
Academic writing and media commentary on Canadian hate speech laws have focused heavily on the offences created by the Criminal Code and the restrictions in the Canadian Human Rights Act on telephonic communication of hate messages. In both cases, this intensity of interest has been prompted by a range of factors including the national operation of these laws, their mobilization against well-known and attention seeking racist organisations and individuals, and the fact that the Supreme Court of Canada has been called upon to rule on the constitutional validity and interpretation of both federal statutes. Consequently, there is a substantial body of academic writing on the decisions of the Supreme Court of Canada in R. v. Keegstra and Taylor v. Canadian Human Rights Commission, focusing on the Court's resolution of the tension between the protection afforded to freedom of expression under the Canadian Charter of Rights and Freedoms and the criminalization of hate speech under the Criminal Code.
ANZSRC / FoR Code
1801 LAW
Publication Details
McNamara, L. J. (2005). Negotiating the Contours of Unlawful Hate Speech: Regulation Under Provincial Human Rights Law in Canada. University of British Columbia Law Review, 38 (1), 1-82.