Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The law provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. Independent media were active and expressed a wide variety of views without restriction.
Freedom of Speech: According to Supreme Court rulings, the government may limit speech to counter discrimination, foster social harmony, or promote gender equality. The court ruled that the benefits of limiting hate speech and promoting equality are sufficient to outweigh the freedom of speech clause in the Charter of Rights and Freedoms, the country’s constitutional bill of rights.
The criminal code prohibits public incitement and willful promotion of hatred against an identifiable group in any medium. Inciting hatred (in certain cases) or genocide is a criminal offense, but the Supreme Court sets a high threshold for such cases, specifying that these acts must be proven to be willful and public. Provincial-level film censorship, broadcast-licensing procedures, broadcasters’ voluntary codes curbing graphic violence, and laws against hate literature and pornography impose some restrictions on media.
Libel/Slander Laws: The law criminalizes defamatory libel with a maximum penalty of five years’ imprisonment, but courts seldom imposed such a punishment.
In June police arrested Andrzej Kumor, the publisher of Ontario Polish-language publication Goniec, related to anti-Semitic statements he published online. According to B’nai Brith Canada, police warned Kumor that he would be criminally charged for willful promotion of hatred if he published any additional anti-Semitic material, and he was released without charges. He later reportedly removed all anti-Semitic materials from Goniec’s online platforms.