I'm afraid I'd have to speculate on why it's not being used. It may be, perhaps, as was mentioned, that lack of resources might be an issue.
It has been mentioned that section 320.1.... Maybe I'll just set out the parameters of it. Section 320.1 is a specific provision in the Criminal Code that was created by the Anti-terrorism Act back in 2001. It allows a judge to order the deletion of hate propaganda that's made publicly available on a computer system that is within the jurisdiction of the court. There are safeguards built into that particular procedure, whereby the person who has put the material on the computer, for example, can come before the court and argue as to why it should not be deleted.
To my knowledge, I'm not aware that this provision has ever been used. I can't speculate, really, as to why, other than maybe a lack of resources or perhaps the need for more education. It also has been mentioned on occasion in these hearings, I believe, that for this provision there's a requirement to obtain the consent of the appropriate attorney general as well.
There has been discussion here about hate speech and the hate speech provisions in the Criminal Code. I thought I would just mention that what's probably most relevant in this context are the hate propaganda provisions in the Criminal Code. There are three of them: advocating or promoting genocide against an identifiable group; inciting hatred in a public place that is likely to lead to a breach of the peace where it's directed against an identifiable group; and, wilful promotion of hatred against an identifiable group.
It has been mentioned that intention is needed for the hate speech crimes. In fact, intention is needed for two of the three hate speech crimes: advocating or promoting genocide and the wilful promotion of hatred. The one that requires inciting hatred in a public place likely to lead to a breach of the peace has a lesser mens rea component—probably recklessness—and that's because of the imminent danger to the public peace.