Abstract

At a 1990 conference on freedom of expression Wayne Sumner presented a paper arguing that there were good reasons to grant Canada’s hate propaganda law constitutional protection under the Canadian Charter of Rights and Freedoms. Fourteen years on he has repudiated the same thesis at much greater length in this meticulously researched, beautifully written, and exhaustively argued book. The book was a finalist for the 2005 Donner Prize, a prestigious book prize for a non-fiction work on Canadian public policy. The book is written in an easy and accessible style, despite presenting arguments of considerable sophistication. It is the first time a philosopher has been so honoured by the Donner judges, and Sumner richly deserves such an honour. The book is resolutely consequentialist in its argumentation. In fact, it represents the most sustained and articulate application of Mill’s so-called Harm Principle to issues of practical policy that we have seen for some time. The book is appropriately dedicated to H.L.A. Hart and Joel Feinberg. They would have been proud to be associated with it.