Abstract

This paper argues: Canadian “Hate Speech Laws”, and similar laws in other jurisdictions, are instances of ‘unilateral censorship’, the suppression of a single political viewpoint. Unilateral censorship infringes upon the democratic commitment to free and fair elections. The legislated exclusion of some from the political process through the control of speech means that Canadian governance is best described as ‘logocratic’. It may be possible to mount a new “Charter Challenge” to Hate Speech laws invoking Section 3 of the Charter, based on the idea that unilateral censorship infringes upon Section 3 guarantees of free and fair elections, and eligibility to run for Canadian legislative bodies. The envisioned challenge differs significantly from previous Charter Challenges because what is at issue are not the liberty rights of citizens in a democracy, but the democratic process itself