Countering Hate on the Internet – the Canadian Experience
By Richard Warman, legal expert
Introduction
Conclusion
Introduction
In March of 2005, the federal government launched A Canada for All: Canada’s Action Plan Against Racism. This much heralded initiative was depicted as a call to action and partnership with representatives of civil society, unions and employers in order to eliminate racism. In addition to the government’s commitment to continue working with community groups in this regard, the government also undertook to work with police to better address hate-motivated crime. This co-operation was to include the collection of consistent data for such offences, the pursuit of hate-crimes research to address the needs of victims and prevent offender recidivism, and collaboration with Internet service providers and stakeholders to counter the distribution of hate propaganda.
On July 8, 2005, Canada became the first non-European signatory to the Council of Europe’s Additional Protocol to the Convention on cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems.
If adopted without reservation, the Protocol would require Canada to undertake to criminalize racist and xenophobic threats where such material advocates, promotes, or incites hatred, discrimination or violence. Article 6 of the Protocol necessitates criminalization as well of the denial, gross minimization, approval or justification of genocide or crimes against humanity, while Article 7 makes it clear that the aiding or abetting of such offences should also be included.
In Canada, sections 318 and 319 of the Criminal Code already criminalize advocating genocide and the willful promotion of hatred against identifiable groups on the basis of colour, race, religion, ethnic origin, and sexual orientation. The explanatory report for Article 3 of the Protocol, however, makes clear that the ‘making available’ of racist and xenophobic material through computer systems is also intended to extend to the creation of publicly-posted hyperlinks to such material elsewhere on the Internet. Interpretations consistent with this would ensure that individuals would not be able to, in effect, sub-contract their hate to jurisdictions where such material may not be illegal.(1)
As well as these encouraging developments at the national level, there were numerous strides forward in individual cases across the country in the struggle to eliminate hate on the Internet.
The Council of Europe treaty website does not indicate what the intention of the Canadian Government is with regard to the filing of any reservations.
