Epilogue

• Author: Robert Martin
• Profession: Faculty of Law The University of Western Ontario
• Pages: 221-229

Canada, and Canadians, are involved in a noble experiment. We are

attempting to build a harmonious, multi-cultural democracy. This

experiment necessitates certain limits on unfettered free expression. If

Canadians were free to run around promoting hatred and hostility

against each other, the whole experiment could be fatally jeopardised.1

“Multi-cultural” means a society that contains a multiplicity of eth-

nic, linguistic, religious, or cultural groups. From this perspective,

most nations in today’s world are multi-cultural, there being very few

completely homogenous societies. The first attempt by the Canadian

state to limit freedom of expression in the interests of multi-cultural-

ism happened in 1970.

In that year Parliament amended the Criminal Code, creating two

new offences. They were “advocating or promoting genocide” in section

318 and “wilfully promoting hatred” in section 319(2). Both offences

proscribe statements directed at “an identifiable group,” which means

persons identified by “colour, race, religion or ethnic origin.” Section

319(2), which created the offence of wilfully promoting hatred, was

carefully drafted. The section created defences of truth, good faith, and

public benefit. The first prosecution did not occur until 1977.2In its

221

FREEDOM OF

EXPRESSION IN A

MULTI-CULTURAL

SOCIETY

epilogue

1 An interesting critical analysis of the Canadian experience can be found in: Neil

Bissoondath, Selling Illusions: The Cult of Multiculturalism in Canada, (Harmonds-

worth: Penguin, 1994).

2R. v. Buzzanga and Durocher (1979) 101 D.L.R. (3d) 488 (Ont. C.A.).