Taking action to build awareness and challenge hate in Ontario

Questions and Answers on anti-hate in Ontario

1. What is hate speech?

Hate speech is the use of extreme language or a form of communication that expresses detestation for or vilifies an individual or group of individuals based on colour, ethnicity, place of origin, race, creed, gender, or sexual orientation, among other grounds of discrimination under Ontario's Human Rights Code. Hatred is often rooted in anti-Black, anti-Asian and anti-Indigenous racism, misogyny, homophobia, transphobia, antisemitism, Islamophobia and white supremacy.
 

2. Does Ontario’s Human Rights Code protect people from hate speech?

Unlike some other human rights legislation (e.g., British Columbia Human Rights Code), Ontario's Human Rights Code does not regulate or specifically mention hate speech.

Some discriminatory conduct may include the expression of hate that can be reasonably limited by the Human Rights Code. For example, the Human Rights Code prohibits harassment (unwelcome vexatious comment or conduct) and other forms of discrimination that negatively impact individuals and groups in employment, services, housing accommodation, vocational associations and contracts.

More extreme forms of speech may be a violation of Canada’s Criminal Code. The Criminal Code prohibits advocating genocide and public incitement or willful promotion of hatred against an identifiable group.

Communication that expresses mere dislike or disdain or discredits, humiliates, hurts or offends a person or group might not be hatred under the Criminal Code but could be discriminatory under Ontario’s Human Rights Code, depending on the circumstances.

3. Does Ontario’s Human Rights Code apply to online forms of hate expression, for example cyberbullying and cyberhate?

The Human Rights Code may be engaged if online communications amount to bullying, harassment or a poisoned environment for individuals in particular “social areas” such as employment, housing, or services. See for example the OHRC’s Policy on preventing sexual and gender-based harassment.

The Human Rights Code will not apply to in-person or online comments made by individuals in the absence of a connection to one of these social areas (employment, housing or services).  For example, comments made in a “public square” or over social media, even if these comments are unpopular, offensive or repugnant are not discriminatory under the Human Rights Code unless one of the social areas are engaged, keeping in mind the Canadian Charter of Rights and Freedoms protects the right to freedom of expression.

4. What must organizations do to address discriminatory hate expression?

Employers, housing providers, schools and other services have a legal responsibility under human rights law to make sure their environments are free of discrimination and harassment, including expressions of hate targeted at groups identified by prohibited grounds under the Code. They must address and not ignore hate expression and other forms of discrimination when they happen.

Organizations must take steps to prevent and respond to discriminatory hate expression and should have policies and procedures in place, including complaint mechanisms as well as education and training.

5. What can someone do if they are the target of discriminatory hate?

Individuals who believe they have been targeted by discriminatory hate expression at work or in school, housing or other services should tell someone in authority at the organization what happened so steps can be taken to ensure a safe environment for the individual or group.

Individuals can also contact the Human Rights Legal Support Centre for advice. They may also consider bringing a claim of discrimination to the Human Rights Tribunal of Ontario.

Individuals who believe they have been targeted by a more extreme form of hate should consider contacting the police.

6. What is the OHRC doing to address hate expression?

Under Human Rights First: Strategic Plan for 2023-25, the OHRC will be working with other institutions to challenge and address the dramatic increase in hate that has been documented since the onset of the pandemic. The OHRC’s aim is to ensure public institutions are more aware of and know how to use the human rights system to respond to manifestations of hate.

In keeping with the Preamble of the Code, the OHRC is raising awareness about the real consequences of hate speech on people’s right to be free from discrimination and the importance of ensuring a climate of understanding and mutual respect so that each person feels a part of the community.

The OHRC has often spoken out about the impact of hate activities targeted at Code-protected groups. Some recent examples include:

• During the COVID-19 pandemic, the OHRC spoke out on race-based hatred against Chinese, South Asian and Indigenous communities.
• In summer 2021, the OHRC released public statements on antisemitism and Islamophobia in keeping with its Policy on preventing discrimination based on creed.
• In September 2022, the OHRC’s Chief Commissioner spoke about the rise in hate activities at the York Regional Police Annual Hate Crimes Conference.
• In February 2023, the OHRC released a public statement on Human Rights Code obligations of education officials regarding concerns of increased violence.
• In February 2023, the OHRC made a social media statement denouncing the hate-motivated vandalism of a Hindu temple.

But the OHRC cannot speak out alone. The rise in hate activities is a critical issue that requires a multi-faceted approach involving government, public sector institutions and civil society alike.

To learn more, see anti-hate/anti-discrimination resources for a list of OHRC policies, guides and statements, and other organizations that address hate expression.

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Anti-hate/anti-discrimination resources