CALGARY, AB: The Justice Centre for Constitutional Freedoms announces its latest report, Speech on trial: Censorship by human rights commissions, authored by veteran journalist and public policy analyst Nigel Hannaford and Justice Centre President John Carpay. The paper examines how certain provisions in provincial human rights legislation across Canada that prohibit publications that are “discriminatory” or are “likely to expose” persons to “hatred or contempt” are being used to prosecute non-criminal expression by ordinary Canadians.
The report explains that such provisions within human rights laws empower commissions and tribunals to investigate and penalize expression itself rather than strictly discriminatory conduct.
Canadians can face lengthy and costly proceedings for expressing controversial or dissenting views, often before tribunals that lack many of the procedural safeguards available in regular courts. Even when complaints are ultimately dismissed, respondents frequently bear substantial legal costs and personal hardship.
The report highlights several recent examples of Canadians facing human rights proceedings over lawful expression. In British Columbia, longtime Chilliwack school trustee Barry Neufeld was ordered by the BC Human Rights Tribunal in February 2026 to pay $750,000 in damages after criticizing aspects of Sexual Orientation and Gender Identity (SOGI) policies in schools. In Alberta, meanwhile, business owner Karen Richert is currently facing a human rights complaint over flyers opposing a rainbow crosswalk proposal in her community. Other cases involve prosecutions over comedy, political expression, and personal opinions.
To address this overreach, the report calls for the repeal of the censorship provisions in provincial human rights legislation that empower human rights bodies to investigate and penalize lawful expression. The specific provisions within the affected human rights legislation are as follows:
- Section 7 of British Columbia’s Human Rights Code;
- Section 3 of Alberta’s Human Rights Act;
- Section 14 of Saskatchewan’s Human Rights Code;
- Section 18 of Manitoba’s Human Rights Code;
- Section 11 of Quebec’s Charter of Human Rights and Freedoms;
- Section 7 of New Brunswick’s Human Rights Act;
- Section 5(f) and section 7 of Nova Scotia’s Human Rights Act;
- Section 19 of Newfoundland and Labrador’s Human Rights Act;
- Section 12 of Prince Edward Island’s Human Rights Act;
- Section 13 of the Northwest Territories’ Human Rights Act.
The report concludes that repealing these provisions would not affect existing human rights law prohibitions against discrimination in areas such as employment, housing, and the provision of goods and services, nor Criminal Code prohibitions against the wilful promotion of hatred. Instead, the reforms would preserve the core anti-discrimination purpose of human rights legislation while better protecting Canadians’ freedom of expression.
Reflecting on the growing tension between freedom of expression and modern human rights enforcement, report co-author Nigel Hannaford said, “Human rights commissions were created to protect Canadians from genuine discrimination, not to police lawful opinions or enforce ideological conformity.”
“When Canadians can face years of legal proceedings and devastating financial penalties for expressing lawful views, many will simply choose silence over participating in public debate,” he added.
The Justice Centre is Canada’s leading civil liberties organization fighting for Charter rights and freedoms in the courts of law and in the court of public opinion. Founded in 2010, the Justice Centre funds lawyers across Canada, relies entirely on voluntary donations to carry out its mission, and issues official tax receipts to donors.
