More through the links below. I've discussed the Warman/Lemire case, referenced in point six, here and here:
2. This unanimous 6-judge decision upholds the 20+ year old majority decision from the Supreme Court in Canadian Human Rights Commission v. Taylor that Canadian human rights laws on hate propaganda are constitutional. The unanimous Whatcott decision now includes Chief Justice McLachlin who had previously led the minority 4 judge dissent in Taylor arguing the parallel federal human rights restriction on hate propaganda was unconstitutional. This is a tectonic judicial shift.
3. The Supreme Court’s decision confirms that existing hate speech case law has been following the earlier guidance from then Chief Justice Dickson in the Taylor case to deal only with the most extreme examples of hate speech. The SCC’s decision cites 4 of my cases with a particular emphasis on the ‘Hallmarks of Hate’ from the crackerjack Canadian Human Rights Tribunal Member Karen Jensen in the Warman v. Kouba decision which brought together a cogent analysis of the indicia that will demarcate legal expression from illegal hate speech.
An interesting point, here. Now both the SCC and Richard Moon have exonerated the behavior of HRC employees. That is to say, they have not pursued frivolous cases, only the worst examples.
4. The Supreme Court has affirmed the social destruction caused by hate speech & emphasizes “the added impact of the Internet”.
5. The decision largely cements the legal test in the Taylor case as the governing law for the indefinite future and I believe confirms the current de facto state of the law.
6. Warman & CHRC v. Lemire – Justice Mosley of the Federal Court ruled in October of 2012 that he was obliged to follow the Supreme Court’s guidance in Taylor and uphold the constitutionality of s. 13 (the federal human rights act provision prohibiting Internet hate speech in Canada). Marc Lemire’s frivolous appeal of that decision is done.
Marc Lemire: obscurity is calling you. Time to return to it.
PS. Bernie Farber has weighed-in.