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Conclusion

Promoting and protecting human rights are integral to a progressive society. The vigorous public debate over how to best address hate messages on the Internet is a positive and important democratic exercise.

Our free, diverse and inclusive society is a great source of pride for Canadians. For many, it defines our national identity. The freedom to express ideas and opinions is both the cornerstone of democracy and of human rights.

As an open and welcoming country, Canada is known the world over for its commitment to equality, dignity and freedom for all. We have made great strides in fighting discrimination and prejudice. The work is not done; discrimination remains a reality in Canada, and human rights commissions and tribunals have a key role to play in safeguarding equality and in protecting and promoting the human rights that are fundamental to Canadian society.

Canada, like many countries worldwide, has recognized that rights are interdependent; that no one right is supreme to any other; and that there are circumstances in which freedom of expression should be limited.

As Canada and the world witness unparalleled technological acceleration, the complexity of existing social issues – and the emergence of new and unforeseen issues – will continue to challenge our legislators.

Finding a way to navigate the conflict to achieve an appropriate balance between the right to freedom of expression and the right to live free from discrimination, is the responsibility of Parliament and of its institutions such as the Canadian Human Rights Commission, the Canadian Human Rights Tribunal, and the Courts. The solution is vital to Canada’s continued growth as a diverse, inclusive and progressive nation that values equality for all.

In this Special Report to Parliament, the Commission has provided an analysis of the issues around hate on the Internet and recommends that:

1. both the Criminal Code of Canada and the Canadian Human Rights Act continue to contain provisions to deal with hate on the Internet;
2. the Canadian Human Rights Act be amended to provide a statutory definition of "hatred" and "contempt" in accordance with the definition applied by the Supreme Court of Canada in Taylor;
3. the Canadian Human Rights Act be amended to allow for an award of costs in exceptional circumstances where the Tribunal finds that a party has abused the Tribunal process;
4. section 41 of the Canadian Human Rights Act be amended to include a provision that allows the dismissal of section 13 complaints when messages do not meet the narrow definition of hatred or contempt; and
5. the penalty provision in section 54(1)(c) of the Canadian Human Rights Act be repealed.

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