[4] Martin described the legal test of "likely to expose" as "a hole you could drive a Mack truck through," and said it is being applied by "rogue commissions where a small number of people [are] determining what Canadians can and can't say."
[8] In 2019, the Parliament of Canada Standing Committee on Justice and Human Rights issued a report on ending online hate, which included recommending the reinstatement of section 13 or an analogous provision.
[9] Bill C-36 (43rd Parliament, 2nd session), introduced in 2021, would have reinstated section 13 in addition to adding a definition of hatred based on Supreme Court of Canada cases.
[11] In the 2009 case Warman v Lemire,[12] the Canadian Human Rights Tribunal ruled that section 13 was an unconstitutional infringement of freedom of expression.
[15] In December 2007, a group of Muslim law students and the Canadian Islamic Congress made complaints about hate speech against Maclean's magazine.
[16] In December 2008, the Commission declined to investigate a complaint against Imam Abou Hammad Sulaiman al-Hayiti, a Montreal Salafist Muslim who was accused of inciting hatred against homosexuals, Western women, and Jews, in a book he published on the Internet.
In November 2008, Moon released his report in which he recommended that section 13 should be repealed so that online hate speech is a purely criminal matter.
Moon wrote that "The use of censorship by the government should be confined to a narrow category of extreme expression -- that which threatens, advocates or justifies violence against the members of an identifiable group."
"[29] Jennifer Lynch, then chief commissioner of the Canadian Human Rights Commission, stated that Moon's report is "one step in a comprehensive review" and that "we can envision Section 13 being retained with some amendments."
"[29] Keith Martin, the Liberal MP who first proposed scrapping section 13 earlier in 2008, called the recommendation "very courageous" and that "Now it's in Parliament's hands to do something to defend one of our true rights, freedom of speech.
"[29] Pearl Eliadis, a human rights lawyer, stated that Moon's statement that section 13 targets only extreme speech "makes explicit what the courts have already said implicitly."