The decline of freedom of expression in Canada began with seemingly minor and understandable speech restrictions. In 1990, the Canadian supreme court upheld the conviction of James Keegstra, a public-high-school teacher, for propagating Holocaust denial and anti-Semitic views to his public high-school students, despite repeated warnings from his superiors to stop. Keegstra was convicted of the crime of "willfully promoting hatred against an identifiable group," which carries a penalty of up to two years in jail. Criminalizing hate speech, the court stated, was a "reasonable" restriction on expression, and it therefore passed constitutional muster.
Two years later, the same court held that obscenity laws are unconstitutional to the extent they criminalize material based on sexual content alone. However, any "degrading or dehumanizing" depiction of sexual activity including material that the First Amendment would protect in the United States was deprived of constitutional protection to protect women from discrimination.
and of course these cases are not exceptions. a Christian minister in Canada was convicted of inciting hatred against Muslims even though, the court acknowledged, the minister did not willfully incite hatred--but his actions inadvertently contributed to hatred.
For example, University of British Columbia Prof. Sunera Thobani, a native of Tanzania, faced a hate-crimes investigation after she launched into a vicious diatribe against American foreign policy. Thobani, a Marxist feminist and multiculturalism activist, had remarked that Americans are "bloodthirsty, vengeful and calling for blood." The Canadian hate-crimes law was created to protect minority groups from hate speech. But in this case, it was invoked to protect Americans.
works both ways, and any way you cut it--it sucks.