CFLA formed a task force to develop guidance for library workers about laws governing hate in Canada and to support libraries in responding to complaints about speakers, room bookings or items in their collections. Highlights are below or view the full guidance document.
1. What Canadian law is important for libraries to be aware of?
The Criminal Code defines hatred in Canada at s.319(7) and identifies related offences in sections 318 and 319. Conduct that violates the law has been further developed through case law. In some provinces, human rights law may add considerations, including in Saskatchewan (s.14), Alberta (s.3), British Columbia (s.7) and the Northwest Territories (s.13). For the purposes of libraries, two concepts from the Criminal Code are important, hate propaganda and hate speech. More.
2. What do these definitions mean for material in library collections?
Most material in library collections has been produced through a “traditional” publishing process that will have considered the risks associated with hate speech, and the material will have been widely distributed in Canada. It is unlikely that traditionally published material will contain content that would be considered hate propaganda in Canada.
There is a small risk of undiscovered content in self-published material if it has not been widely distributed, particularly content originating from gifts and donations and streaming aggregators that are provided by vendors and not curated by the library’s selectors. When material has been widely distributed and talked about in media, it is very likely that concerns about hate would already have been considered by appropriate authorities. Hate propaganda charges under the Criminal Code are brought by the Crown in Canada, and investigations are handled by the police.
If library management believes material received may violate the Criminal Code, consulting with police is appropriate.
3. What can libraries do to prepare for complaints related to hate speech or hate literature?
Libraries should ensure that they have collection policies that address selection, acquisition and deselection of materials, as well as policies that guide how the library handles challenges to items in the collection and procedures for requests for reconsideration. More.
Scope of Future Monthly Updates
The scope of CFLA-FCAB policy news updates will be national policy that affects the delivery of library services, issued by the federal government through legislation or significant decisions. We’ll also include international policy activities through IFLA that affect Canada, such as UN organization statements or new IFLA policies, and national library policy, such as metadata standards. Updates will include statements or communication from CFLA on the topic, and resources from member associations when relevant.