[IRP] article on Canadian "hate speech" law reform

E L hred2009
Tue Oct 25 03:10:25 EEST 2011

Mr. Michael Karanicolas
Legal Officer, Centre for Law and Democracy
Officers and Staff, Internet Rights and Principles Coalition, and Centre for Law and Democracy
Dear Mr. Karanicolas and Colleagues:
???? I read with interest the "Comments on the Charter of?Human Rights and Principles for the Internet" and the draft of that Charter, which I received by email this morning. I noticed with particular interest the comments concerning "hate speech", as this is a major topic of my own research and writing. I am taking the liberty of sending to you an article which I wrote concerning reform of the Canadian "hate speech" legislation, in case you
might be interested. Although the article deals primarily with the Canadian legal scene, it does take notice of international and comparative law?in the matter. Hopefully, it?might also be of assistance to persons and groups considering reform of this area of law in other countries and in setting international standards, mutatis mutandis. Although it doesn't deal primarily with the Internet, it does contain some comments relevant to computers and other technological methods of communication. As the article was published in September 2009 and completed and accepted by October, 2008, it doesn't mention some recent important cases that have been decided and/ or are
proceeding through the courts. Note in particular that the Supreme Court of Canada heard the case of Saskatchewan Human Rights Commission v. William Whatcott on October 12, 2011 and reserved judgment. That case
will decide on the interpretation and constitutionality of s. 14(1)(b) of the Saskatchewan Human Rights Code, and involves religiously motivated anti-homosexuality flyers. I am an independent legal researcher and writer, and the
issue of "hate speech" legislation vs. freedom of expression has beeen of interest to me for over twenty-five years.
???? Attached please find a copy of my article Edward H. Lipsett "A Proposed Hate Communication Resstriction and Freedom of Expression Protection Act: A Possible Compromise to a Continuing Controversy" (2009)
Vol. 6 Underneath the Golden Boy 21. It is now also available online at www.manitoba-legislation.com, inter alia. Please feel free to copy the attached article and to share it with whoever may be interested. Kindly keep my
email address confidential, however. For comments on the interpetation and application of Article 20(2) of the ICCPR, please see notes 109 and 110 at p. 53 and the related text; and my proposed section "Advocacy of Hatred Coupled with Incitement to Unlawful Actions" at pp.63-65 and the related notes. For my thoughts on the abuse of "technological communication" to promote hatred, please see my proposed section "Undermining
the Critical Faculties of Individuals" at pp.71-73 and the related notes. Thank you for your kind attention to this matter.
Edward H. Lipsett, B.A., LL.B.
Winnipeg, Manitoba, Canada
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