The Canadian Constitution limits all rights to what is acceptable in a "free and democratic society" and that means we can diminish hate speech. Is it really that bad if we burdened someone's constitutional rights if we are protecting the constitutional rights of other people? It's just an example mind you.
Okay, I have to jump in here because as a Canadian I have been following recent cases dealing specifically with hate speech laws in Canada.
You will recall there was a an independent candidate by the name of John Popescu who ran in the 2008 federal election. He was charged with promoting hate for comments that were made at an all-candidates meeting at Sudbury Secondary High School on Sept. 29, 2008 after being asked by a student about his view on same-sex marriage. He said:
I believe that homosexuals should be executed.
Then, later that same day, during a telephone interview, he reasserted his view:
A young man asked me what I think of homosexual marriages and I said I think homosexuals should be executed. My whole reason for running is the Bible and the Bible couldn't be more clear on that point.
In March of 2009, the Ministry of the Attorney General announced that they had concluded their investigation, and officially charged Popescu with two counts of willful promotion of hatred under Section 319(2) of the Criminal Code of Canada.
During the trial, which took place in August of 2009, the judge said that he was "not at all satisfied with the explanation by Mr. Popescu that his statements are based on his religious beliefs." He said that Popescu "basically picks and chooses what is in his best interest, according to his interpretation of the Bible," and "has clothed his disgraceful attitude to this community of people (gays and lesbians) in a religious context".
Popescu was subsequently convicted of willfully promoting hatred against homosexuals, and was given a suspended sentence and placed on probation for 18 months.
Now, contrast that with a more recent case involving a former male prostitute by the name of William Whatcott of Saskatchewan, who is now an anti-gay crusader, in which the court struck down portions of Saskatchewan's Human Rights Code which banned speech that "ridicules, belittles or otherwise affronts the dignity of" identifiable groups.
So there has to be a balance of protections. Free speech still has to be respected, including hate speech. When that hate speech becomes criminal is when the speech promotes violence or other harms toward that identifiable group. Simply calling someone a racial slur or telling them they will go to hell for being gay is not speech that rises to a level where charges could be laid.