This paper examines the legal treatment of hate speech in Canadian society through the lens of John Stuart Mill's Theory of Liberty. In doing so, the core aspects of Mills theory will be teased out so his response to hate speech in modern liberal societies may be better understood. The central argument set out is that hate speech is a violation of the Canadian Charter of Rights and Freedoms, but such a violation is saved through application of Mill's "Harm Principle". Even with this application, the paper argues ought to be a balance of rights. It will be concluded that Canadian Supreme Court interpretations of the Charter, and for a large part the Charter's drafting itself, lend themselves to be reminiscent of Mill's theory of harm.
"J. S. Mill On Hate Speech in the Canadian Context,"
Augsburg Honors Review: Vol. 9
, Article 6.
Available at: https://idun.augsburg.edu/honors_review/vol9/iss1/6