Freedom of Speech and Hate Propaganda Regulation in Canada

Kotani Junko

doi:10.20816/jalps.42.1_145

Bibliographic Information

Other Title

カナダにおける表現の自由の保障と憎悪表現の禁止
カナダニオケルヒョウゲンノジユウノホショウトゾウオヒョウゲンノキンシ

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Description

The Canadian Supreme Court has upheld hate speech regulation in several cases, whereas the U. S. Supreme Court has struck down such regulation, invalidating the idea of such regulation. This article focuses on Canadian Supreme Court cases involving hate speech regulation and analyzes the reasons behind the contrasting attitudes of the two neighboring countries with similar backgrounds. Chapter I briefly outlines the constitutional problems surrounding the regulation of hate speech in the democratic world. Chapter II describes general characteristics of Freedom of Speech in Canada, which is guaranteed by the Canadian Charter of Rights and Freedoms. Chapter III analyzes five cases ruled in the Canadian Supreme Court, four of which upheld hate speech regulation. Chapter IV makes comparative analysis of Canadian and U. S. cases by referring to differences in the texts of the Constitutions, case laws, public acceptance, and so forth.

Journal

The Japanese Journal of Law and Political Science

The Japanese Journal of Law and Political Science 42 (1), 145-160, 2005

The Japanese Association of Law and Political Science