What is the effect of section 13(1) of the Human Rights Code on freedom of expression?

British Columbia, Canada


The following excerpt is from Ismail v. British Columbia (Human Rights Tribunal), 2013 BCSC 1079 (CanLII):

In discussing the presence in some human rights statutes of provisions safeguarding freedom of expression or speech (as well as statutes that do not have those provisions), the Chief Justice said, at para. 65: 65 Perhaps the so-called exemptions found in many human rights statutes are best seen as indicating to human rights tribunals the necessity of balancing the objective of eradicating discrimination with the need to protect free expression (see, e.g., Rasheed v. Bramhill (1980), 1980 CanLII 3926 (NS HRC), 2 C.H.R.R. D/249, at p. D/252). In any event, I do not think it in error to say that even in the absence of such an exemption an interpretation of s. 13(1) consistent with the minimal impairment of free speech is necessary. I say this with an eye to pre-Charter cases in which freedom of expression is discussed, these making it evident that an interpretative stance designed to prevent the undue infringement of freedom of expression is available to the courts ... [Emphasis added]

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