Religion and Hate Speech in Canada

Many recent hate speech cases in Canada, Europe, and elsewhere involve religion either as the source of views that are alleged to be hateful or as the target of such views and sometimes, of course, as both the source and target of these views. This chapter explores the difference religion makes to the application of hate speech laws – when it is the target of this speech. The ‘religious’ hate speech cases are difficult for the same reason that all hate speech cases are difficult. There is significant disagreement in the community about whether, or to what extent, the restriction of hate speech can be reconciled with the public commitment to freedom of expression. There is, however, another reason why hate speech cases involving religion are so difficult, which stems from our complex conception of religious adherence or membership – as both a personal commitment and a cultural identity. The chapter focuses on anti-Muslim speech in Canada.