What is the test for whether a flyer promotes hatred?
Ontario, Canada
The following excerpt is from R. v. Whatcott, 2021 ONSC 8077 (CanLII):
Whether the flyer promotes hatred is measured by an objective standard. A court must ask whether the speech in question would be understood by a reasonable person aware of the relevant context and circumstances as exposing or tending to expose members of the target group to hatred: Saskatchewan Human Rights Commission v. Whatcott at para. 35.
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