The Federal Court has issued its reasons for issuing an injunction against a series of Internet hate postings. In Canadian Human Rights Commission v. Winnicki, the presiding judge had seemingly little difficulty in finding that:
1. The speech at issue constituted hate speech and thus was unlawful.
2. The Supreme Court of Canada' s Liberty Net decision, which involved hate communicated by telephone, addressed many of the issues involving the use of injunction in this type of case.
3. The Canadian Human Rights Act applies to Internet postings. In fact, the judge cited Internet defamation cases for the proposition that Internet hate may indeed be more harmful than hate communicated by telephone.
The case now heads to a hearing before the Canadian Human Rights Tribunal.