A new report from the Justice Centre for Constitutional Freedoms is calling on provinces across Canada to repeal human rights legislation provisions that allow commissions and tribunals to investigate and punish Canadians for lawful speech.The report, Speech on trial: Censorship by human rights commissions, argues that provincial human rights bodies are increasingly being used to target non-criminal expression, exposing Canadians to costly legal battles and financial penalties for expressing controversial opinions.Authored by veteran journalist and retired Western Standard Opinion Editor Nigel Hannaford alongside Justice Centre President John Carpay, the report says provisions banning speech deemed “discriminatory” or “likely to expose” people to “hatred or contempt” have strayed far beyond their original purpose.According to the report, human rights commissions and tribunals now have the power to investigate and penalize expression itself, rather than focusing solely on discriminatory conduct.The authors warn that Canadians accused under these provisions can face years of expensive legal proceedings before tribunals that lack many of the safeguards found in traditional courts. Even when complaints are dismissed, respondents are often left carrying significant legal bills and personal stress.The report points to several recent cases involving Canadians facing human rights complaints over lawful speech..In British Columbia, longtime Chilliwack school trustee Barry Neufeld was ordered by the BC Human Rights Tribunal in February 2026 to pay $750,000 in damages after criticizing aspects of Sexual Orientation and Gender Identity policies in schools.Meanwhile in Alberta, business owner Karen Richert is facing a human rights complaint over distributing flyers opposing a proposed rainbow crosswalk in her community.Other cases cited in the report involve comedians, political commentary and personal opinions expressed publicly.The Justice Centre is urging provinces to repeal specific provisions in human rights legislation it says are being used to censor lawful expression.The report identifies the following sections for repeal:Section 7 of British Columbia’s Human Rights CodeSection 3 of Alberta’s Human Rights ActSection 14 of Saskatchewan’s Human Rights CodeSection 18 of Manitoba’s Human Rights CodeSection 11 of Quebec’s Charter of Human Rights and FreedomsSection 7 of New Brunswick’s Human Rights ActSection 5(f) and Section 7 of Nova Scotia’s Human Rights ActSection 19 of Newfoundland and Labrador’s Human Rights ActSection 12 of Prince Edward Island’s Human Rights ActSection 13 of the Northwest Territories’ Human Rights ActThe authors argue repealing the provisions would not weaken existing protections against discrimination in employment, housing or services, nor affect Criminal Code provisions banning the wilful promotion of hatred..Instead, they say the changes would restore the original purpose of human rights legislation while better protecting freedom of expression.“Human rights commissions were created to protect Canadians from genuine discrimination, not to police lawful opinions or enforce ideological conformity,” Hannaford said.He warned that the growing use of human rights complaints against lawful speech risks silencing public debate altogether.“When Canadians can face years of legal proceedings and devastating financial penalties for expressing lawful views, many will simply choose silence over participating in public debate,” he said.
