November 24, 2008

The Moon Report

I haven't read the whole thing, but this conclusion looks like a pleasant surprise:

I have taken the position in this report that the censorship of hate speech should be limited to speech that explicitly or implicitly threatens, justifies or advocates violence against the members of an identifiable group. However, the prohibition of this narrow category of extreme expression fits awkwardly in a human rights law that is concerned with the eradication of discrimination through education and conciliation. It is for this reason that my principal recommendation is that section 13 of the CHRA be repealed. The Criminal Code hate speech provisions, and in particular section 319(2) and section 320.1, offer an effective response to hate speech while respecting the public and constitutional commitment to freedom of expression. If section 13 is retained, however, I have proposed a series of amendments to the scope of the section, and the related complaint process, which are intended to make the hate speech ban fairer and more efficient. Censorship of expression that stereotypes or defames the members of an identifiable group is not a practical option and so we must, as a community, develop other ways to respond to this expression. [emphasis added]

Via Deborah Gyapong.

Damian P.

Update: more here.

Update II: Ezra notes an interesting omission in the CHRC press release. More reaction: Steyn, Kathy, Blair - and, on the other side of the fence, Dawg and Kinsella.

Posted by damian at November 24, 2008 01:18 PM
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