Anti-Wokeness, Hate Speech, and Rights Discourse Uphold the Status Quo

Current Realities in Education & Law

Authors

  • Safeera Jaffer McGill University
  • Ashna Hudani McGill University
  • Shaheen Shariff McGill University

DOI:

https://doi.org/10.14288/ce.v17i2.187246

Keywords:

anti-wokeness, higher education, rights discourse, hate speech, critical race theory

Abstract

The recent rise of anti-wokeness in Canada upholds and nourishes systemic oppression, while the radical roots of wokeness and legal rights discourse have been co-opted. Canada, a settler colonial state, relies on liberal values, including the rhetoric of multiculturalism and free speech, to uphold systems of power. Using critical race theory as a framework, we examine how rights discourse is not legally protected and contributes to the growth of hate speech and related hate crimes in Canada. As articulated by the Supreme Court of Canada in Canada (Human Rights Commission) v. Taylor, the Canadian Charter of Rights and Freedoms does not protect public dissemination of hate under freedom of expression. Hateful discourse is not simply offensive; it has harmful material impacts, and this position is reaffirmed by the Supreme Court of Canada in the Saskatchewan (Human Rights Commission) v. Whatcott decision. Considering the role of anti-wokeness in the continued oppression of marginalized groups, we conclude by offering several recommendations for law and education to address this growing issue.

Author Biographies

Safeera Jaffer, McGill University

Safeera Jaffer is a PhD student in Educational Studies at the University of British Columbia. She completed her Master of Arts degree in the Department of Integrated Studies in Education at McGill University. Her research interests focus on engaged, critical pedagogy in higher education as well as anti-oppressive teaching and learning practices.

Ashna Hudani, McGill University

Ashna Hudani holds a BCL/JD from McGill University and an HBSc. in International Development Studies from the University of Toronto. She is currently working as a Public Interest Articling Fellow supporting feminist strategic litigation and law reform activities on a national level.

Shaheen Shariff, McGill University

Shaheen Shariff, PhD, Distinguished James McGill Professor Emerita, grounds her work in the intersection of law and education, with a focus on human rights and constitutional issues, diversity, legal pluralism, and civil society. She is an Associate Member of McGill's Law Faculty and its Center for Human Rights and Legal Pluralism and Affiliate Scholar at Stanford University Law School's Center for Internet and Society. She is a founding Director of the Institute for Human Development and Wellbeing in McGill's Faculty of Education. Professor Shariff is best known for her expertise on institutional responses and legal obligations to address intersecting forms of discrimination and reduce toxic learning environments that foster cyberbullying and sexual violence in institutional contexts, including social media. Her research and teaching are centered on law as it impacts educational policy and practice, critical legal, and media literacy.v

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Published

2026-05-17

Issue

Vol. 17 No. 2 (2026)

Section

Articles

License

Copyright (c) 2026 Safeera Jaffer, Ashna Hudani, Shaheen Shariff

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