Freedom of expression in Canada
[8][9] Limits on speech were incorporated in the criminal code in relation to treason, sedition, blasphemous and defamatory libel, disruption of religious worship, hate propaganda, spreading false news, public mischief, obscenity, indecency and other forms.Libel involves publication in some permanent form such as writing in a book or newspaper.
[12]: 51 The law encourages the media to publish with caution, to avoid any forms of libel and to respect a person's freedom of expression.
For example, James Keegstra, an antisemite who taught Holocaust denial to schoolchildren in Alberta, was convicted and prosecuted for hate speech.
[13]: 99 In the 1970s, the Canadian national security apparatus abused its surveillance powers to illegally suppress left-leaning press outlets through arson, breaking and entering, and theft.
Senator Keith Davey supported this view in 1981, writing in The Globe and Mail: "Too many publishers harbour the absurd notion that freedom of the press is something they own...of course the exact opposite is the case.
In 2005, a major Canadian ISP, Telus, blocked access to a website set up to publicize the views of a labour union in conflict with the company.
This is credited to the country's regulatory structure, existing laws, bipartisan agreement on the issue, and the uncompetitive nature of the Canadian telecom market, which necessitates tight regulation to avoid abuses.
[20]: 227 Secretary of State Pelletier and the Chairman of the Canadian Radio-Television Commission (CRTC) discussed ways of achieving restraint regulations but concluded it would lead to accusations of censorship.
National Media associations, many newspapers, magazines, and major retail chains have supported the Canadian Code of Advertising Standards.
[27]: 114–119 This case has been cited as a motivating factor in the repeal of section 13 of the Canadian Human Rights Act, legislation that permitted federal human-rights complaints regarding "the communication of hate messages by telephone or on the Internet".
[22]: 95 In 2004, broadcast carriers were to monitor foreign stations at all times and delete any content that may go against the Canadian Charter of Rights and Freedoms.
[29]: 17 On January 11, 1982, the Inuit Broadcasting Corporation (IBC) began airing television programs across the Northwest Territories and Northern Quebec.
For almost a decade, Inuit communities received mostly English-language programming which raised a concern because many people in the North did not understand English.
[30] Richard Posner, an American jurist and legal theorist, identifies four means of publication: The Internet has brought concerns about the limits of free speech that copyright law imposes.
Bernard Klatt was the owner of an Internet Service Provider (ISP) named Fairview Technology Centre Ltd in Oliver, British Columbia.
In 1998, Klatt was identified as a host of multiple websites associated with hate speech, neo-Nazi organizations, the Toronto-based Heritage Front, the World Wide Church of the Creator, and the French Charlemagne Hammerhead Skinheads.
Local businesses, schools, students and government agencies had easy access to the racist sites because Fairview Technology was their service provider.
[31][32] The Ontario Court of Justice later dismissed the charges due to a lack of evidence and criminal intent, finding that Gregory Alan Elliot engaged in limited legitimate and free debate, although potentially vulgar and obscene.
The terms of Canada's renewed Official Secrets Act causes fears in Canadian media in which they may not be free to report on abuses in the national security sphere because they could be prosecuted.
Julian Sher, president of the 1000-member Canadian Association of Journalists, predicted that the media would launch a court challenge if the Charter of Rights was violated.
For example, during the Canadian army's confrontation with Mohawk warriors at Oka, Quebec, there were restrictions on the media including the cutoff of cellular telephones.
In 1970, during the October crisis in Quebec, the War Measures Act was imposed and the media were not allowed to publish the manifestos of the Front de libération du Québec and even some journalists were jailed.
