🇨🇦 Some comments on the state of free speech in Canada in light of the @WeAreFairCop and #IStandWithScottow cases. In Canada it is unlikely that anyone would be criminally charged for 'misgendering'. The hate crime provisions in the Criminal Code are very restrictive it would /2
require much more than using the wrong pronouns to justify a charge. Section 319(1) applies to statements made in public which are likely to provoke a breach of the peace. Section 319(2) is broader and could cover statements made on social media but charges under this section /3
require the approval of the attorney general. Charges are very rare. The police would not be able to make an arrest on a complaint of a private individual. The limitations on free speech in Canada generally fall into three categories: 1. Non-publication orders made in criminal /4
or family cases involving minors which can be enforced by contempt of court charges; 2. Civil or administrative action under provincial human rights codes (Morgane Oger is big on this); 3. Non-governmental action by workplace, professional or academic sanctions.
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