analysis would endanger the constitutionality of anti-hate speech laws. Therefore, what
that elicits deep feelings of detestation and vilification (Keegstra, at p. 777; R. v.
Andrews (1988), 65 O.R. (2d) 161 (C.A.), at p. 179, per Cory J.A., aff’d [1990] 3
S.C.R. 870). Such speech sits at a distance from offensive or hurtful expression that
“does not incite the level of abhorrence, delegitimization and rejection that risks
causing discrimination or other harmful effects” (Whatcott, at para. 57; see also
para. 46).
[155]
In my respectful view, affirming that Mr. Neufeld engaged in hate speech
is quite different from expressing a judgment or making a remark incapable of proof.
Read in their context, the aforementioned hate speech allegations appear similar to
allegations of fraud, theft or other criminal conduct that have been found to be
statements of fact for which a fair comment defence is not available (see, e.g., Nanda
v. McEwan, 2019 ONSC 3357, at para. 48 (CanLII) (regarding allegations of theft and
corruption), aff’d 2020 ONCA 431, 450 D.L.R. (4th) 145; Hall v. Kyburz, 2006 ABQB
294, at para. 33 (CanLII) (regarding allegations of various criminal acts, such as fraud,
kidnapping and extortion), aff’d 2007 ABCA 228). I view the present case as being
similar to Lascaris v. B’nai Brith Canada, 2019 ONCA 163, 144 O.R. (3d) 211, and
Bondfield Construction Company Limited v. The Globe and Mail Inc., 2019 ONCA
166, 431 D.L.R. (4th) 501, in which the Court of Appeal for Ontario held that
statements that a party “supported terrorists” (Lascaris, at para. 34) or was involved in
corruption and collusion (Bondfield, at para. 17) could be viewed as statements of fact.
2023 SCC 14 (CanLII)
is considered hate speech is not speech that evokes a wide range of emotions, but speech
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