Beyond Public Law: Recognizing a Tort Remedy for Hate Speech in Canada
AUTEURS> Kenneth Grad
2026 · Constitutional Forum / Forum constitutionnel · VOL. 34 · NO. 4 · P. 43–64
AUTEURS> Kenneth Grad
2026 · Constitutional Forum / Forum constitutionnel · VOL. 34 · NO. 4 · P. 43–64
Abstract (English text under Résumé heading)
This article argues that Canadian private law should be updated to recognize a cause of action in tort for hate speech directed against identifiable groups. Such a claim would represent a modest and coherent extension of defamation law, one that better reflects how reputation actually functions in social and institutional life and how group-directed hostility translates into individual harm. A private law response would not displace public law approaches to hate speech, but would complement them by providing victim-controlled proceedings, flexible remedies, and a focus on reputational injury that the public law has largely failed to supply. In doing so, it would offer an alternative, targeted form of redress for those most directly affected by hate speech, while alleviating pressure on an overburdened public law system that has struggled to address this problem effectively.
Notice de publication vérifiée · 2026-10-05