While it isn't much of a surprise given the composition of the senate, Bill C-304 passed third reading and, as a result, Section 13 of the Human Rights Act dealing with hate speech has been repealed. And while the racists who often found themselves in trouble as a result of violating Section 13 and their cheerleaders are celebrating, it might just be a case of be careful what you wished for because you just might get it.
While Section 13 has been repealed, the sections in the Criminal Code related to hate speech are still in place. With claims that the government will strengthen the Criminal Code regarding hate speech, those who at one time might have found themselves before the Human Rights Tribunal might now find themselves in a court room with a real chance of jail time. Thought the Tribunal was costly? Try a criminal court case.
And it is of note that while it is the current government who passed the legislation, there's nothing that says a future government might not reinstate Section 13 given that it had been deemed constitutional both in 1990 and more recently in the Whatcott case.
Time will tell and we are very patient. In the meantime, we'll see how things play out.
While Section 13 has been repealed, the sections in the Criminal Code related to hate speech are still in place. With claims that the government will strengthen the Criminal Code regarding hate speech, those who at one time might have found themselves before the Human Rights Tribunal might now find themselves in a court room with a real chance of jail time. Thought the Tribunal was costly? Try a criminal court case.
And it is of note that while it is the current government who passed the legislation, there's nothing that says a future government might not reinstate Section 13 given that it had been deemed constitutional both in 1990 and more recently in the Whatcott case.
Time will tell and we are very patient. In the meantime, we'll see how things play out.