Section 7 of the Code forbids public communication that contains hate speech or discriminatory speech.
Publications include public communications like:
- flyers or brochures
- a photograph, symbol or emblem
- publicly posted signs or notices
- a published article
- a public statement or speech including online comments
It is important to know that the Code applies to public communication on the internet where there is a sufficient link to B.C. This could include online messages, comments or websites.
If you engage in public communication, you are responsible for making sure that communication is free of hate speech or discriminatory speech.
What is discrimination in publications?
Discrimination occurs when a public communication causes, intends to cause or is likely to cause harm or negative impact to a person or a group of people based on a part of their identity protected by the Code, such as gender identity or race. It is important to note that while the section of the Code is entitled “publications,” it includes any public communication, including a speech or video.
Public communications cannot discriminate on the basis of:
- age
- family status and marital status
- disability
- race, colour, place of origin or ancestry
- Indigenous identity
- sexual orientation
- sex, gender expression or gender identity
- religion
The Code covers two types of speech in publications:
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Discriminatory speech
A flyer is posted around your neighbourhood saying that you should be fired from your job as a daycare provider because you are trans.
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Hate speech
Someone spray-painted comments on public transit property and parked cars that called for violence against Muslims.
Interpersonal and systemic discrimination
Often, we think of discrimination as the harmful treatment of one person by another person. This is called interpersonal discrimination. However, sometimes laws, structures and generally accepted behaviours in our society, even when well-intentioned, can lead to discriminatory outcomes for groups of people. And what appear to be neutral policies, practices and behaviours may actually be discriminatory. This is called systemic discrimination.
Systemic discrimination is a major issue in B.C. and Canada, but it isn’t always well understood. Learn more with our systemic discrimination resources.
What are my responsibilities under the Code?
Section 7 of B.C.’s Human Rights Code says it is your responsibility not to engage in two kinds of public communication: discriminatory speech and hate speech. Depending on what is included in the public communication, it may be considered either hate speech, discriminatory speech or both under the Code.
Discriminatory speech and hate speech
Under the Code, these types of speech have three main features:
- they are expressed publicly (for example, in a flyer, notice, article or public statement)
- they target a person or group of people based on a protected characteristic such as race, religion or sexual orientation
- they have, are likely to have or intend to have a negative impact on the targeted group
Hate speech also uses extreme language to express hatred towards a person or group of people because of their protected characteristic. Learn more about hate speech by reading our Hate Speech Q&A.
What happens if I don’t meet my responsibilities under the Code?
If you have publicly communicated discriminatory or hate speech, then the person or group of people targeted may make a complaint to the BC Human Rights Tribunal. Anyone responsible for making something public, including the author, the publisher or the person who submitted something to be published, can have a human rights complaint made against them.
If the Tribunal agrees that you engaged in hate speech or discriminatory speech, it will declare that you violated the Code. The Tribunal will order you to stop and not do anything like it again. This can include removing the offending publication, removing a website from the internet and not re-publishing it. The Tribunal may order you to pay compensation to the person you harmed and order you to take steps like publishing the Tribunal decision, introducing policies or providing additional training to prevent the discrimination from happening again.
Situations where the Code may not apply
Private communication
Private communication is not covered by Section 7 of the Code. Often it will be obvious if something is public or private, but sometimes it can be complicated. If you aren’t sure if specific speech is public or private, consider consulting a lawyer.
It is important to know that private communication can still violate other sections of the Code such as discrimination in services, tenancy or employment. For example, discriminatory private communication related to a person’s employment may violate the Code.
Jurisdiction
B.C.’s Human Rights Code does not apply to all cases of discrimination. The Code only applies to cases of discrimination which are not covered by the Canadian Human Rights Act and where there is a connection to B.C. If the discrimination occurred outside of B.C., then the B.C. Human Rights Code will not apply.
In 2024, the BC Human Rights Tribunal issued a decision that says it is able to hear cases about online hate speech. That means that B.C.’s Human Rights Code does offer protection from hate speech in material published on the internet when it has sufficient connection to B.C.
Where to find more information
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- The BC Human Rights Tribunal website offers information, resources and examples to help understand and navigate the process of making a complaint.
- Access ProBono runs free legal advice clinics throughout the province. They provide information about free legal services.
- The Law Centre offers help understanding the Human Rights Tribunal process, preparing initial responses, mediation options and legal representation. Applicants for this service must demonstrate financial need.
- A lawyer with experience in human rights law can provide legal advice specific to the details of your complaint and represent you in the human rights process.
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- Check out the workshops we have available or make a request for us to join your event.
- The People’s Law School of BC provides online information about legal responsibilities and resolutions to common issues.
- Check out local resources in your area.
Frequently asked questions
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Yes, other laws like the Criminal Code also cover hate speech. B.C.’s Human Rights Code applies as long as the speech is public, within provincial jurisdiction and has a sufficient connection to B.C. The Criminal Code applies across Canada. The two laws also come with different processes and penalties. Please visit our Hate Speech Q&A for more details.
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It is important to know that if you published offensive things about someone that do not fit the legal definition of hate speech or discriminatory speech under the Code, you may still face other consequences. There are other sections of B.C.’s Human Rights Code or other laws and policies that may apply.
For example, offensive speech is often involved in cases of discrimination in other areas protected by the Code such as housing, access to services or employment. So, you may have a complaint made against you under another section of the Code. For more information about discrimination in housing, employment and services visit our Rights and Responsibilities pages.
Also, workplace bullying and harassment policies and procedures may apply if the communication occurred at work. For more information about bullying and harassment, visit WorkSafeBC’s Bullying and harassment page.
Offensive speech might also be defamation. Defamation is communication about a person that tends to damage their reputation. It causes people who see or hear the words or images to think less of the person. For more information about defamation law, visit the People’s Law School’s Defamation: If someone hurts your reputation page.
However, not all offensive speech is against the law. Learn more by reading our Hate Speech Q&A.
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Yes, freedom of expression is a constitutional right in Canada. But like all constitutional rights, freedom of expression is subject to reasonable limits.
The Supreme Court of Canada has found that laws that prohibit hate speech are reasonable and justified because hate speech is a threat to society. Hate speech harms the people and groups of people who are targeted and can make it harder for them to take part in society and democracy. Hate speech also damages society as a whole by undermining tolerance, respect and understanding between people. It can make people less sensitive to the harms that hate has on targeted people. It can lead people to see affected groups as inferior or even less than human. This can result in those groups experiencing discrimination, exclusion, segregation, deportation, violence, and in extreme cases, genocide.
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If you are an employer, you are responsible under B.C.’s Human Rights Code to uphold your workers’ human rights and have a work environment that is free from discrimination. This includes addressing discrimination your employees face on the job. For more information, visit Responsibilities under the Code as an employer.
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Yes, you can refuse to provide service to someone as long as you do not discriminate while doing so. Discrimination is when a person experiences harmful treatment or negative impact based on a part of their identity protected by the Code, such as gender identity, disability or race. So, if you refuse service to someone based on part of their identity that is protected by the Code, even if you do it unintentionally, you are discriminating against them.
For example, you can refuse to rent skis to someone who plans to hit the trails wearing only shorts because you have a genuine concern for their safety, but you cannot require a higher ski rental deposit from someone because you believe they are not Canadian.