American freedom of speech laws could influence online debate over arrest of British Columbia woman

A debate has erupted online following the arrest of a Chilliwack woman who was recently arrested by Mounties for using “discriminatory and hurtful language” on social media.

According to Chilliwack RCMP spokeswoman Cpl. Carmen Kiener, the person arrested is a woman who allegedly targeted members of the South Asian community.

The arrest prompted Canadians across the country to defend this woman, sparking a debate about freedom of speech. CJDC spoke to criminal defence lawyer Kyla Lee, who explained why the case is generating such a strong response. She points to recent online events such as Donald Trump's removal from Twitter and Elon Musk's purchase and rebranding of Twitter as factors that have fuelled this discussion in recent years.

“The American understanding of free speech certainly has an impact on how people in Canada think their right to free speech works,” Lee says. Canada has protections for free speech, but those protections are not absolute, and hate speech is one of the limits.

“In the United States, there are not as many opportunities to restrict the exercise of your constitutional rights as there are in Canada,” says Lee.

But Lee doesn't believe the American model of free speech is any better. She points out that while the U.S. Constitution was written in 1787 and the Canadian Charter in 1982, neither document fully anticipated the complexity of modern hate speech.

“Technology has really changed our understanding of speech rights, and because the Charter is more modern than U.S. law, it reflects a more modern understanding to some extent,” Lee explains. “Canadian law… changes to reflect societal values. In the United States, on the other hand… the original Constitution is to be interpreted as it is, notwithstanding the fact that the world is very different than it was when it was written.”

Due to the more modern Canadian approach, the woman arrested could face a more severe sentence. The department said “multiple” charges under the Criminal Code have been recommended but not yet approved. The Criminal Code not only prohibits hate speech, but also threats, stalking and menacing, all of which would be considered separate charges.

“If the prosecution has sufficient evidence to prove that someone is intentionally inciting hatred against an identifiable group or making hateful comments in a way that leads to a disturbance of the public peace, then they can prosecute them. And the courts tend to be pretty tough on people who behave like that,” Lee explains.

Kiener said police hope the woman will make her first court appearance in the next few weeks and that if the charges are accepted, more details will be released.

Police say the investigation is still ongoing.