Re: Canada and Free Speech



As one living under "tyranny", I impeach you all to send me the necessary
funds to fight this horror.

I think a few million will do.

I must note that in a recent survey of how countries compared in freedoms
Canada placed seventh, as I recall, while the United States after 9/11 and
the PATRIOT Act dropped to thirty-seven. The countries with the highest
sense of freedom were the Scandinavians, as I recall. The issue was
published last year based on a current survey, one that simply asked
respondents to measure how free they felt in their respective societies.

Much is made - by those who wish to make the point - that freedom of speech
is "restricted" in Canada. What is not stated is that the restriction is
limited to hate speech. Going back to old law classes, no one is totally
free in speech. Yelling "Fire" in a crowed theatre was the oft-used
example. As a society, we Canadians have also provided ways in which
inflammatory and racially or religious comments may be subject to
limitations. These actions have no place in our multi-cultural society, and
the "America Alone" book provides a good example, in my opinion.

What is frightening in all these proceedings is the use of one right to
whittle
down what Americans have always considered the bedrock right underlying
all the
other rights, namely, the right of free speech and a free press.
Canada, not
having the tradition of case law on the subject that the United States
has, is
just beginning down the road of weighing the value of competing rights.

In the prior year, the members of the Westboro Baptist Church tried to
demonstrate in Canada. Further efforts have been made by other religious
groups to make Canada into a USA type religious caldron. These have not
been appreciated and the laws reflect that distain. In living together, we
recognize that it is indeed necessary to rule out the fanatics of any
religion, those that attack and defame others. I for oen hope we do not
follow the American courts and that we contineu to recognize that the "right
of free speech" carries with it responciblities as well.

I think we up here place a higher value on diversity. Vancouver now has the
highest percentage of "mixed marriages" in the world, with various people of
diverse religions and races marrying. A good thing. We still cleave more
to the concept of privledges instead of rights, even with the new Charter of
Rights and Freedoms. It works for us as it does for the Scandinavians.
Perhaps a bit old school, we value a gentle society instead of one where
rights are constantly in conflict.

There is not a long tradition in Canada, as there is in the US, of the
press
being a champion of individual liberties. There is a tradition, but it
only
goes back less than 50 years, and the Canadian Charter of Rights is
younger
still, with little case law to support it.

But our longer tradition is one of tolerance which stretches back many
years, with some now recognized blipps. Those who now move north from the
USA benefit - so they say - from a sense of freedom and many give that
reason for leaving the USA. Free speech is valued highly. What is not
valued highly are the types of extreme free speech, such as that of Westboro
Baptist that only serve to foster hate. Thus we put higher value on
accepting minorities that are defamed on a regular basis in the USA - gays,
lesbians and other sexual minorities. That to us as a society is a higher
goal than total free speech. The various racial and religious intolerance
expressed in the USA is not something we favour - a trade-off.

My partner and I live in a very red-necked town. Indeed, so red-necked that
it gained fame when one speaker flamed against gays and lesbians (Keri
Simpson) and crosses were said to be burning here (the last not true). I
actually have meet and am friendly with Kari and can state that her remarks
were taken well out of context. Neither my partner nor I have experienced
one incidnet of such discrimination in our five years in the north - not
one. That is not to say such incidents do not happen but they are
anomolies, in stark contrast to the daily acceptance that our society
fosters, an acceptance that would be put in peril if some minor restrictions
were not in place.

I do know from Internet exchanges that the lives of my partner and I and
others like us are considerably better here in Canada than in the United
States. We do nto face discrimination, we do not fear attacks, and if we
are attacked verbally buy some group like teh Westboro Baptists, we can
counter such evil.

Francis stated:

It is necessary to understand what lies at the heart of free speech. It
is the
principle that in an open debate on an issue, the truth will emerge and
be
recognized and prevail. That is also the principle of the jury trial.
Any
restriction on what a person can say or publish (within the limits of
creating
an imminent threat to safety) distorts the public debate and the outcome
of that
debate.

To that I can reply that any freedom may be taken too far by those who wish
to twist a society into hate and anger. What we have done in Canada,
perhaps not perfectly but reaonsably, is to limit this freedom in small ways
in order to attain a loftier goal what we value - the tolerance spoken of
above.

If you are not a member of a minority, then perhaps the clarion call of
"free speech" holds magic for you. If conversely you are a member of any
minority that is oft-times subject to vitriolic and horrid attacks, you
might understand the need for some balance.

Willow


.



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