Freedom of expression at risk as “proactive” hate policing sparks FOIPP requests in Charlottetown

Police vehicle (Courtesy of Oleksandr)
Police vehicle (Courtesy of Oleksandr)

Freedom of expression at risk as “proactive” hate policing sparks FOIPP requests in Charlottetown

Police vehicle (Courtesy of Oleksandr)
Police vehicle (Courtesy of Oleksandr)

A push for “proactive” hate crime enforcement draws scrutiny

Charlottetown Police Services (CPS) has announced a new “proactive” approach to hate crime enforcement, including education initiatives intended to increase awareness of what should be reported and how residents should report it.

In response, lawyers funded by the Justice Centre have submitted Freedom of Information and Protection of Privacy Act (FOIPP) requests to CPS and the Canadian Race Relations Foundation, seeking records that explain what is driving the shift, what internal reasoning supports it, and how success is being measured.

The concern is that government-driven efforts to increase complaints and reporting could discourage lawful speech and encourage neighbours to file hate speech allegations against one another.

Seeking answers behind the claim that hate crimes are “under-reported”

The FOIPP requests follow public statements reported by CBC in which CPS described hate crimes as under-reported and indicated it intends to respond by increasing enforcement through “proactive” policing.

Constitutional lawyer Glenn Blackett is seeking records that explain the basis for CPS’s claim that hate crimes are significantly under-reported, why under-reporting is being treated as a problem, and why increased reporting is being framed as a measure of “success.”

“The police seem to be trying to increase hate crime reporting. This means more Canadians being investigated, prosecuted, and convicted of hate crimes. This seriously chills free speech in Charlottetown,” Mr. Blackett said.

Chilling effects and a self-reinforcing enforcement cycle

Beyond the immediate enforcement shift, the FOIPP requests aim to clarify whether CPS has considered how complaint-driven hate policing can escalate quickly, even in the absence of increased criminal activity.

Mr. Blackett warned of a built-in feedback loop: “people will claim that increased hate reports are evidence of increased hate crimes, necessitating even more aggressive hate speech policing,” he said.

The FOIPP requests also seek decision-making records, internal communications, training materials, and due diligence documents connected to the education providers involved in the proactive initiative.

Records sought from the Canadian Race Relations Foundation

Lawyers are also seeking records from the Canadian Race Relations Foundation relating to its role in the education program, including correspondence, training materials, and records of education sessions delivered to police and community members.

The overarching concern is that government-funded initiatives aimed at generating more hate crime reports will predictably lead to more investigations and charges, creating a chilling effect on lawful expression. Additional information will be made available once the requested records have been obtained and reviewed.

Additional information will be made available once the appropriate records have been reviewed.

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