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The far right has “co-opted” the issue of free speech, and their activism is not a principled defence of a Charter value, but “a sly political strategy to divide opponents on the left, humiliate them and cast them as hypocrites and unconstitutional, to clear a way for unconstitutional ideas,” Mouallem said in an advance email interview.

The traditional liberal response of public censure and rebuttal is no longer effective because it just “devolves into a pissing match that goes nowhere and only makes people double down on their opinions,” he said. “Given that Facebook groups and social media are the meeting point for hate groups to organize, and that online hate speech has a great ability to spread wider and faster, I think special regulation is worth considering.”

It is striking to hear that from a board member of PEN Canada, which is devoted to fighting censorship and defending freedom of expression, and was instrumental in the legislative repeal of Section 13, a law in the Canadian Human Rights Act that banned repeated messages, by phone or internet, that were “likely to expose” protected groups to hatred or contempt.

The lecture follows news that the federal Liberal government is openly mulling bringing back Section 13, which was repealed by Parliament in 2014, but later found by courts to be constitutionally valid. It allowed for legal orders banning offenders from engaging in further hate speech, on pain of criminal contempt charges, and provided for fines of $10,000.