B.C.’s Human Rights Code forbids public communication that contains hate speech or discriminatory speech. People engaging in public communication are responsible for ensuring that the communication is free from hate speech or discriminatory speech.
In the Code, the term “publications” includes 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.
What is discrimination in publications?
Under B.C.’s Human Rights Code, you may be experiencing discrimination if all of these are true:
- A part of your identity, such as age, disability or race, is protected by the Code.
- You experience (or are likely to experience) harm or negative impact because of a public communication or a public communication intends for you to experience harm or negative impact.
- The harm or negative impact is connected to the part of your identity protected by the Code.
It is important to note that while section 7 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 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 well understood. To learn more, view our systemic discrimination resources.
What are my rights under the Code?
Section 7 of B.C.’s Human Rights Code protects you from two kinds of public communication: hate speech and discriminatory speech. Depending on what a publication says, it may be considered either hate speech or discriminatory speech or both under the Code.
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Under the Code, these types of speech have three main features:
- they are expressed publicly (for example, in a flyer, video, 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 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.
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Discriminatory speech and hate speech happen more often than we think. Here are some places to learn more about discriminatory speech and hate speech in B.C.:
- The BC Human Rights Tribunal writes about publications and human rights complaints.
- Read the BCOHRC Hate Speech Q&A
- You can read more about responsibilities regarding speech and discriminatory speech under the Code.
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If you are the victim of hate speech or discriminatory speech, there are different actions you can take and there are supports available to you.
Seek support from friends, family and your community.
Ask yourself:
- Who can I talk to about my experience? Sharing with friends, family or others who care about you can help.
- What supports do I have to help me take care of myself?
Think about supports and services, routines and habits that help you look after your physical and mental health.
Find support:
- B.C.’s Racist Incident Helpline at 1-833-457-5463 for incidents involving racist hate speech
- Victim Link provides confidential, multilingual crisis support, information and referrals. Victim Link is open 24 hours a day, 7 days a week.
- Resilience BC has Resources for Victims of Racism and Hate so you can see what supports work best for you.
- KUU-US Crisis Line Society (province-wide): Provides a First Nations and Indigenous specific crisis line available 24 hours a day, seven days a week, toll-free from anywhere in British Columbia
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You can also make a complaint to the BC Human Rights Tribunal.
Anyone responsible for making a public communication, including the author and the person who submitted something to be published, can be named in the complaint. Learn more about responsibilities in publications.
How do I prove discrimination?
For you to prove that your experience was discrimination, your complaint will have to show you experienced harm connected to a part of your identity protected by the Code. There are three questions you can ask yourself about your experience.
The three questions are:
- Is part of my identity protected by the Code?
B.C.’s Human Rights Code protects you from discrimination based on certain parts of your identity. This includes things like your age, your race, your gender identity or expression and your family status. Read the complete list above. - Have I experienced harm?
You must prove that you experienced harm, were likely to experience harm because of the public communication or that public communication intended to cause you harm. - Is the harm connected to a part of my identity protected by the Code?
If you answer yes to all three of the above questions, you have experienced discrimination under the Code.
Who can help?
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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.
- The BC Human Rights Clinic offers information and free legal advice to people considering filing a complaint to the Human Rights Tribunal.
- 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.
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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Private communications are not covered by Section 7 of the Human Rights Code. Often it will be obvious if a communication is public or private, but sometimes it can be complicated. If you aren’t sure if a specific communication is public or private, consider consulting a lawyer.
Private communication can still violate the Human Rights Code under other sections such as discrimination in services, tenancy or employment. For example, a discriminatory private communication related to a person’s employment may violate the Code.
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If the speech is offensive but does not fit the legal definition of hate speech or discriminatory speech, then other laws and policies or another section of the Code 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. For more information about discrimination in housing, employment and services visit our webpage on B.C.’s Human Rights Code.
If the communication occurred at work, workplace bullying and harassment policies may apply. For more information about bullying and harassment, visit WorkSafeBC’s Bullying and harassment page.
Also, offensive speech might be defamation. Defamation is communication about a person that damages their reputation. It causes the 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.