In his latest edition of Word on the Beat, Staff Sgt. Jerry Nutbrown of the Lloydminster RCMP discusses hate speech.
The creation of laws is often a response to actions taken by individuals, and those laws then address those actions. As we have more recently entered the digital age, newer laws have been enacted to govern areas of the digital world.
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Human rights legislation is amended from time to time to add specific areas of protection that have come under attack. These are added to the list of protected grounds. If these areas were not being targeted, they likely would not be included.
Offences related to hate are relatively new and are a reaction to actions taken by individuals targeting identifiable people or groups. Unfortunately, some people believe Canada mirrors U.S. free speech laws, likely due to exposure to U.S. media and U.S.-based entertainment. I say entertainment because many Canadians believe what they see on U.S. TV shows applies in Canada.
Section 318 of the Criminal Code makes it an offence to advocate genocide. Genocide means acts committed with the intent to destroy, in whole or in part, an identifiable group — namely, killing members of the group or deliberately inflicting conditions of life calculated to bring about their physical destruction. The most common example is the Holocaust.
Section 319 of the Criminal Code addresses the public incitement of hatred and makes it an offence. Essentially, what is deemed “hate speech” can constitute a criminal offence. This is a lengthy section that cannot be fully addressed here. However, there are limits to freedom of expression in Canada, contrary to what some believe.
Section 319 also addresses communicating statements in a public place that incite hatred against an identifiable group where such incitement is likely to lead to a breach of the peace. In addition, Section 319 makes it an offence to communicate statements, other than in private conversation, that wilfully promote antisemitism by condoning, denying or downplaying the Holocaust.
An identifiable group is defined as any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.
Communicating is further defined to include communication by telephone, broadcasting, or other audible or visible means. Statements include words spoken, written or recorded electronically, electromagnetically or otherwise, as well as gestures, signs or other visible representations.
These offences may proceed by indictment or by summary conviction, which carry different sentencing limits. Summary conviction offences are generally considered less serious, while indictable offences are more serious. I will explain these distinctions in a future column.
As with many laws that make certain conduct illegal, several factors must be considered before an arrest is made and a charge is laid. In some cases, charges under these sections may only be laid with the consent of the Attorney General.
My intent here is to highlight that hate speech laws are in effect in Canada, and people should be aware of what they say or display, and where they do so.
Staff Sgt. Jerry Nutbown is the NCO in charge of the Lloydminster RCMP detachment’s General Investigation Section. Stay tuned for future columns from the Lloydminster RCMP.
This column was originally published in the Feb. 26, 2026, edition of the Meridian Source.
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