Hate speech laws in Canada

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Hate speech laws in Canada include provisions in the federal Criminal Code, as well as statutory provisions relating to hate publications in three provinces and one territory.

The Criminal Code creates criminal offences with respect to different aspects of hate propaganda, although without defining the term "hatred". Those offences are decided in the criminal courts and carry penal sanctions, such as fines, probation orders and imprisonment.

Alberta, British Columbia, Saskatchewan and the Northwest Territories have created civil sanctions for hate speech and hate publications in their human rights legislation. Those claims are resolved through administrative tribunals or the civil courts, and can involve civil remedies such as damages or injunctive relief.

The Supreme Court of Canada has rejected constitutional challenges to the hate propaganda offences in the Criminal Code, and has also rejected challenges to the hate publication provisions in human rights legislation. The Court has ruled that while the provisions restrict freedom of expression, the restrictions are justifiable under section 1 of the Canadian Charter of Rights and Freedoms.