In the five years since Colten Boushie’s death, there are no known cases of anyone being charged with any criminal offence over online comments about the case.
"That indicates the high bar for charging someone with inciting hatred in Canada," said Professor Richard Moon. "Laying such a charge under the criminal code is usually reserved for the most heinous comments made in public."
Professor Moon adds that hate speech charges are extraordinary enough that they’re among a small subset of offences that Saskatchewan’s attorney general must personally approve before they are prosecuted. The likelihood of that happening may depend on how well-resourced police are to investigate such cases, he says. The internet further complicates the picture, since anyone’s Facebook comment could potentially be seen by thousands of people.
“There’s a lot of hurdles before prosecution can happen, and conviction can be a challenge,” said Professor Moon.