Lemire's Right to Free Speech Vs. Ours

The question of Section 13 of Canada's Human Rights Act (CHRA) dealing with hate speech has come to a head over the case of Marc Lemire, who was the last president of the neo-Nazi white supremacist group, Heritage Front, and is now a webmaster of a controversial site created in the name of free speech. Lemire is currently challenging the constitutionality of Section 13 after he was vindicated on an earlier Section 13 complaint regarding his website. Undoubtedly, Lemire wants to free cyberspace from restrictions posed by Section 13 to allow him to post freely any and all information.

Clearly there are problems with the operation of Section 13 that deals with intolerable expressions and protects against specific forms of hate speech. In its own words, Section 13 empowers the Canadian Human Rights Commission "to deal with complaints regarding the communication of hate messages by telephone or on the Internet."

13. (1) Section 13 of CHRA states, "It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that person or those persons are identifiable on the basis of a prohibited ground of discrimination." Interpretation
(2) "For greater certainty, subsection (1) applies in respect of a matter that is communicated by means of a computer or a group of interconnected or related computers, including the Internet, or any similar means of communication, but does not apply in respect of a matter that is communicated in whole or in part by means of the facilities of a broadcasting undertaking".