The Japanese Journal of Law and Political Science
Online ISSN : 2432-1559
Print ISSN : 0386-5266
ISSN-L : 0386-5266
Freedom of Speech and Hate Propaganda Regulation in Canada
Junko Kotani
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JOURNAL FREE ACCESS

2005 Volume 42 Issue 1 Pages 145-160

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Abstract
The Canadian Supreme Court has upheld hate speech regulation in several cases, whereas the U. S. Supreme Court has struck down such regulation, invalidating the idea of such regulation. This article focuses on Canadian Supreme Court cases involving hate speech regulation and analyzes the reasons behind the contrasting attitudes of the two neighboring countries with similar backgrounds. Chapter I briefly outlines the constitutional problems surrounding the regulation of hate speech in the democratic world. Chapter II describes general characteristics of Freedom of Speech in Canada, which is guaranteed by the Canadian Charter of Rights and Freedoms. Chapter III analyzes five cases ruled in the Canadian Supreme Court, four of which upheld hate speech regulation. Chapter IV makes comparative analysis of Canadian and U. S. cases by referring to differences in the texts of the Constitutions, case laws, public acceptance, and so forth.
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© 2005 The Japanese Association of Law and Political Science
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