Canada

Rejecting the American approach, Canadian Courts have rightly upheld the validity of legislation on discriminatory speech and hate speech so as to foster the values linked with equality and multiculturalism. Various limits on other fundamental rights (freedom of religion, presumption of innocence and the like) have therefore been found to be justified. However, recent case law has been prone to draw a line: it is unconstitutional to ban speech on the mere ground that it ridicules, belittles or otherwise affronts dignity of minority groups. Such encroachment upon freedom of speech is treated as excessive. Indignation is not a proper ground for banning public discourse; only words likely to lead to discriminatory treatment deserve to be prohibited.