Let me respond to the second part, because I didn't get a chance to respond before.
I agree that it is not subjective. The problem is that the words “likely to expose” seem to invite a predictive judgment on the part of the tribunal. But it's no different from the definition in defamation cases, which I sometimes do in my day job. A defamatory statement is one that exposes a person to hatred or contempt, and between “exposes” and “likely to expose” there's really no semantic difference. That's why Justice Dickson specified what is meant by exposing to hatred and contempt; it is demonization.