Canada’s free speech record is cracking under pressure

Is a protest double standard eroding Canada’s values?

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Free speech in Canada shouldn’t depend on which side of the Israel–Palestine conflict you support, but that’s what seems to be happening.

Canada’s continued success depends on political stability, shared standards and the freedom to speak up when something is wrong. But that only works when institutions apply their rules fairly. Recent cases raise concerns that this isn’t happening consistently, and the debate around the Israel–Palestine conflict shows how quickly that can slip.

After the Hamas terrorist attack on Israel on Oct. 7, which killed more than 1,200 people and led to more than 200 hostages being taken, Canadians expressed deep sympathy for Israeli civilians. Statistics Canada reported a 71 per cent increase in hate crimes against Jewish people in 2023, rising to 900 incidents. Police increased security around synagogues and community centres in response.

As the conflict escalated, Muslim, Arab and Palestinian organizations publicly described rising fear and anger in their communities. Police-reported hate crimes targeting Muslim people rose by 94 per cent to 211 incidents in the same period. Both communities faced real threats. What stood out was that institutions responded inconsistently to people who spoke out as tensions rose.

Civil liberties groups, including the Canadian Civil Liberties Association, warned that responses to pro-Palestinian demonstrations were sometimes uneven or heavy-handed. The size and aggressiveness of Palestinian protests may explain some of this, but questions about fairness remain.

The inconsistency becomes more apparent on campuses. In 2019, Jewish and pro-Israel students at York University said they felt unsafe when a protest by pro-Palestinian activists disrupted an event featuring members of an Israeli reservist group. Chants drowned out the speakers and clashes broke out. Toronto police were called, but many criticized the university for not doing enough to protect the Jewish and pro-Israel students who attended.

A recent case in Montreal shows the imbalance from another angle. An Indigenous high school student was suspended after posting criticism of Israel on Instagram. She told CBC she was commenting on government actions, not targeting any group. The school said the post violated its code of conduct, but the suspension, which drew national attention, raised concerns about whether schools apply the same standard to students who speak out on this issue.

When institutions treat people differently depending on their viewpoint, public trust suffers. Canadians who are Israeli, Palestinian, Arab, Jewish, Christian and Muslim all deserve to be treated fairly.

Canadian courts have been clear that political speech, including criticism of foreign governments, is protected under Section 2(b) of the Charter of Rights and Freedoms. Freedom of expression covers peaceful protest, speech and the press unless it crosses into hate. That protection applies to people who support Palestinians and to those who support Israel. The law does not take sides, and institutions shouldn’t either.

Canada also has obligations under international law, including the Geneva Conventions and the Rome Statute of the International Criminal Court. These agreements require Canada to uphold basic standards of fairness and humanity. When governments or institutions fall short, Canadians have a responsibility to speak up.

That expectation applies in schools as well. As an educator, I am expected to encourage informed discussion on difficult issues, including the Israel–Palestine conflict. Students need to rely on credible information, think clearly about ethical and legal questions and respect people who disagree with them. That only works when they know the rules apply equally.

Uneven decisions send the opposite message. When institutions respond differently to similar behaviour, they weaken the sense that the system is fair. That is how trust erodes.

Free societies do not promise agreement. They promise that everyone can speak, be heard and be treated the same under the law. The cases discussed here involving speech about the Israel–Palestine conflict suggest that Canada is not meeting that standard as consistently as it should. Addressing those inconsistencies is essential to maintaining trust in the institutions meant to protect our rights.

Gerry Chidiac specializes in languages and genocide studies and works with at-risk students. He received an award from the Vancouver Holocaust Education Centre for excellence in teaching about the Holocaust.