OTTAWA, June 26, 2013 – The Honourable Rob Nicholson, P.C., Q.C., MP for Niagara Falls, Minister of Justice and Attorney General of Canada, welcomed today the Royal Assent of Private Member's Bill C-304, An Act to amend the Canadian Human Rights Act (protecting freedom). Sponsored by Brian Storseth, MP for Westlock–St. Paul, the Act repeals section 13 of the Canadian Human Rights Act (CHRA).
“Our Government remains committed to tackling crime, including effectively responding to hate propaganda, while respecting the rights of Canadians,” said Minister Nicholson. “By repealing section 13, we are removing an overly subjective and ineffective limit on Canadians’ freedom of expression.”
Section 13 of the CHRA bans Internet or repeated telephone messages that are likely to expose persons to hatred or contempt on the basis of certain personal characteristics. It does not give Canadians a clear line between what they may and may not say. It is also not a strong deterrent to the creation and distribution of hate messages, since violations generally only result in a cease-and-desist order, and by the time an order is made the hate propaganda has likely already been widely distributed.
“I believe my bill receiving Royal Assent is an important step towards increasing freedom of expression in Canada,” stated Mr. Storseth. “Freedom of expression is a key aspect of a strong democracy.”
Section 13 is ill-suited for combating extreme forms of hate propaganda, which is best addressed through prosecution under the Criminal Code. Criminal law strikes an appropriate balance between freedom of speech and protection of the vulnerable; it also requires that allegations of a criminal act be proven in court.
The repeal of Section 13 will come into force one year from today.
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