| Summary: | With the end of the Second World War, the importance of
human rights protection and promotion became an important
objective throughout much of the world. The incitement of hatred
of members of minority groups, for instance, on the basis of
race, religion or colour, is prohibited in many countries,
including Canada. In addition to existing provisions in federal
and provincial Human Rights Acts, Canada has criminalized hate
propaganda by adding "Hate Propaganda" offences to its Criminal
Code. However, such legal regulation has been controversial
because of the possible conflict with freedom of expression.
The purpose of this thesis is to analyze the rationales of
anti-hate propaganda laws in Canada in light of the
constitutional right to freedom of expression, and to ask whether
similar laws should be introduced in Japan.
Japan is a country often described as "homogeneous."
Maintaining the reputation of being homogeneous in the racial and
cultural context, Japan has avoided recognizing the existence of
minorities. However, behind this illusion, minorities in Japan
are hidden and forgotten. Members of minority groups quietly but
certainly exist in Japan, fighting against racism and
discrimination. Japanese minorities are also the targets of
hateful expression. However, at present, Japanese law does not
control discriminatory expression.
The Canadian approach to hate propaganda expresses
intolerance towards hate activities and promotes equality amongst
people. With the rationales of the Canadian concept of anti-hate
propaganda laws as a foundation for analysis, this thesis
examines the possibility of regulating hate propaganda in Japan,
based on the recognition of minority rights. === Law, Peter A. Allard School of === Graduate
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