Friday, December 05, 2008

Reform coming in Canada?

We read:
"A report was published that said the Canadian Human Rights Commission (CHRC) should get out of the hate speech business. The CHRC commissioned the report in the wake of the unseemly attempts by the Islamic Congress of Canada to find a Human rights Commission, federal or provincial, who would uphold its complaint against Maclean's magazine for a 2006 cover story entitled Why the Future Belongs to Islam. The CHRC and both the Alberta and B.C. Human Rights Commission refused, leading to some serious questions about such bodies dealing with the issue.

The principal recommendation of the report, written by University of Windsor law professor Richard Moon, is that, "Section 13 (of the CHRC Act) be repealed so that censorship of . . . hate speech is dealt with exclusively by the criminal law."

The Criminal Code prohibits the willful promotion of hatred. The Supreme Court of Canada has had a go at defining what that means in a few cases, notably in R. v. Keegstra, in 1990. There, it agreed that the Code imposed a difficult burden on the Crown: to prove that the speaker or writer, in his heart of hearts, desired to promote hatred and foresaw that outcome. More specifically, Chief Justice Dickson said, ". . . the word 'promotes' indicates active support or instigation. Indeed, the French version of the offence uses the verb 'fomenter,' which in English means to foment or stir up. In 'promotes' we thus have a word that indicates more than simple encouragement or advancement."


It looks like the Muslim moaners have inadvertently destroyed an oppressive system.


Anonymous said...

The only question for us to ask ourselves is, should the wall at our northern border be much higher than the wall at our southern border?

Anonymous said...

If sanity is indeed returning to Canada, we may not have to go through with a wall.

Anonymous said...

Of course, the Canadian government is wobbling, and the recommendations may never pass.

Plus, the report recommended setting up a loopy "monitor" for Internet speech that would be just as bad as the HRCs.