Comment: Re:I'm not surprised that this didn't happen soone (Score 2) 335
This is spoken by someone who already lives under them. You have no "freedom of expression," you have limited expression as deemed by the government in a very and exceptionally narrowing scope as deemed by unelected bureaucrats in HRC's(human rights councils) who run tribunals outside the court system.
Taken from http://www.thestar.com/opinion/commentary/2013/03/17/supreme_court_reaffirmed_canadian_balance_on_free_speech_siddiqui.html
Anti-hate laws undermine free speech.
No, said the court, they “appropriately balance . . . freedom of expression with competing Charter rights and other values — a commitment to equality and respect for group identity and the inherent dignity owed to all human beings.”
Anti-hate laws breed political correctness, stifle debate.
No, “hate speech legislation is not aimed at discouraging repugnant or offensive ideas. It does not, for example, prohibit expression which debates the merits of reducing the rights of vulnerable groups. It only restricts the use of expression exposing them to hatred.”
Hate speech is hard to define.
The judges have defined it — as that which “a reasonable person, aware of the context and circumstances, would view the expression as likely to expose a person or persons to detestation and vilification on the basis of a prohibited ground of discrimination.” They also provided “a workable approach” to combating it.
Apply the rules “objectively” (their emphasis).
Interpret “hatred and contempt” “as being restricted to those extreme manifestations of the emotion described by the words ‘detestation’ and ‘vilification.’ This filters out expression which, while repugnant and offensive, does not incite the level of abhorrence, delegitimization and rejection that risks causing discrimination or other harmful effects.”
Look to the effect of hate speech on the target. “Is the expression likely to expose the targeted person or group to hatred by others?”
A no-holds-barred debate may hurt but it does not harm anyone.
“Preventive measures do not require proof of actual harm. The discriminatory effects of hate speech are part of the everyday knowledge and experience of Canadians.”
Provocateurs do not mean to malign the group they attack.
Good try, but “allowing the dissemination of hate speech to be excused by a sincerely held belief would, in effect, provide an absolute defence and would gut the prohibition of effectiveness.”
The court could have added that human rights codes are not the only limitation on free speech.
Libel laws don’t allow writers to say whatever they want about, say, Conrad Black. Why is that chill less corrosive of free speech than anti-hate laws? Are minorities less worthy of legal protection?
The Criminal Code, too, limits free speech. I may be marched off to jail for up to two years if convicted of spreading hate. Granted, the bar to prosecute is higher there than under human rights codes. Still, it makes no sense to criminalize speech and jail people for their words, rather than merely imposing a fine on them.