Tuesday, March 04, 2014

Strange ruling in Canada

Law already repealed by parliament ruled to have been OK constitutionally

Though it is slated for official repeal in June, Canada’s defunct and much maligned hate speech law, Section 13, is not going gently.

The latest twist in the long running legal saga of the human rights law that governs hate on the Internet in Canada is a Federal Court of Appeal ruling, issued Friday, that finds Section 13 is constitutionally valid, and does not violate freedom of expression.

Coming as it does at the tail end of a vicious national debate about hate speech and censorship, the ruling leaves a bizarre impression, like something out of Monty Python.

Like the Norwegian Blue parrot, Section 13 is just resting. Like the Black Knight, its repeal by Parliament is just a flesh wound. Though it has been hoisted on the cross, its supporters may still, like Brian, always look on the bright side of life. Section 13 might be doomed, but it is good law. So sayeth the courts.


1 comment:

Anonymous said...

Judicial activism does not like being overturned. Until it is officially off the books it is the law as they see it.