Hate Law Becomes An Obscenity

If you think Canada's a free country, think again! On November 25, 1998, at a meeting of the federal and provincial Attorneys-General, it was agreed that Canada's hate law (S.319 of the Criminal Code) must be expanded to include more categories of "hate." At the present time, S.319 provides that it is against the law to incite hatred "against members of an identifiable group distinguished by colour, race, religion or ethnic origin." Under the proposed changes this list will be expanded to include sex, sexual orientation, age and mental disability. The legislation will not only prohibit the possession of hate propaganda, including computer hard drives but, of grave importance, the truth of a statement will no longer be accepted as a defence.

B.C.'s Attorney General Ujjal Dosanjh insists that these amendments "would preserve academic freedom of expression and all of those values that we cherish" ... Yes, and we have a nice little bridge in Brooklyn we would like to sell you, Mr. Dosanjh!

From an editorial responding to this proposal, appeared in the National Post on January 4, 1999 and asked, "Is Canada ceasing to be a country in which people can speak their minds?" The editorial then went on to state that this proposed amendment which will forbid defendants from citing truth as a defence was potentially sinister and could be put to authoritarian and illiberal purposes. In a second editorial on January 7, 1999 on this critical issue, the National Post stated:

... Censorship may be intended to suppress only those who express the most vicious and wicked views. But in the end, it may be enforced against those whose views are merely offensive to the majority ...

The Globe and Mail in a long editorial on January 15, 1999, also expressed its deep concern about the pernicious threat to Canadians because of a legal suppression of unpopular ideas. The Globe pointed out, "surprisingly nobody has ever challenged ... this hate law," and then went on to say:

... Free speech and free media, sometimes expressing unpopular, bothersome ideas are the foundation of democratic society.

... Free speech carries an ethical obligation to speak truthfully and a social responsibility to speak fairly and respectfully. But that doesn't guarantee anybody the right not to feel provoked or even belittled or ridiculed.

... The price of having a free and open society is allowing people to speak the truth as they see it, even at the risk of causing offence.

What is particularly disturbing is that hate can and will be used to get around the supposed Charter -- protected right of freedom of opinion and expression, so as to outlaw any criticism, for example, of homosexuals or homosexuality. Thus, even though Dr. Grant Hill, Reform MP, stated in 1996 that the homosexual life style was unhealthy -- and this was confirmed by the Alberta College of Physicians and Surgeons (See Reality, March/April 1997, p. 23, "Reform MP, Dr. Grant Hill was Right About Homosexual Lifestyle"), such a statement could now be regarded as a "hate crime". That's scary.

Moreover, the Attorneys General talk as if there were a veritable epidemic of "hate crimes" being committed in Canada. Such is not the case. According to the Canadian Centre for Justice Statistics, the entire country has had only 4 hate crimes in the past 25 years, an incidence so low as to be statistically insignificant. With the proposed widening of the hate law to add new categories and the provision that "truth" can no longer serve as a defence, there is no question that the convictions of "hate" will rapidly rise and, by no accident, thereby reduce freedom of speech and enormously restrict public debate in this country.

We are encouraged that this terrible threat to our country -- the curtailment of our basic freedom of speech, opinion and religion -- posed by this proposed legislation, is being exposed by these newspaper editorials. However, more needs to be done. We must let our legislators know, beyond a shadow of a doubt, that we will not let such a blow to democracy befall us. We must resist this initiative by both our federal and provincial Attorneys General.

Please write immediately to:

Federally:

The Hon. Anne McLellan

Minister of Justice and Attorney General of Canada

Justice Building

239 Wellington Street

Ottawa, Ontario K1A 0H8

Fax: (613) 990-7255

Your MP

House of Commons

Ottawa, Ontario K1A 0A6

Provincially: Your Provincial Premier and Your Attorney General

If you do not know the name and address of your Provincial Premier and/or Attorney General, please write, telephone, fax or e-mail our head office and we will be pleased to provide you with that information. Please object to the proposed amendments to the hate law (S.319 of the Criminal Code) which will provide a chilling and intolerable restraint on the free expression of opinion in our country.

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