Incitement and the Regulation of Hate Speech in Canada: A Philosophical Analysis
L. W. Sumner · 2009
Abstract Every liberal democracy approaches the regulation of hate speech in its own particular way. This chapter draws on the experience and the particularities of the hate speech laws that have been in place in Canada since 1970. But it also brings to the issue a principled framework for locating the boundaries of free speech, one which derives from John Stuart Mill and has subsequently been operationalized by the Canadian Supreme Court. The discussion concludes that while the best-known piece of Canadian hate speech legislation cannot be justified under this framework, a lesser-known offence has a better chance of success. In the distinction between these offences there are important lessons to be learned for the boundaries of free speech.