tenni
Feb 27, 2013, 11:38 PM
In an important decision (http://scc.lexum.org/decisia-scc-csc/scc-csc/scc-csc/en/item/12876/index.do#_Toc349717746)* that upheld the main anti-hate provisions in Saskatchewan’s human rights law, Canada’s top court ruled vitriolic anti-gay speech in flyers distributed by a Christian activist is not protected by the Charter.
In doing so, the Supreme Court of Canada unanimously struck down a small part of the province’s human rights code as an infringement on free speech and religion. It removed vague wording that prohibited the distribution of material that “ridicules, belittles or otherwise affronts the dignity” of people on the basis of their sexual orientation.
However, the high court, including Chief Beverly McLachlin, gave broad endorsement to the law’s equality protections for a vulnerable minority against the spreading of “hatred.”
The court said two of Whatcott’s hand-delivered leaflets had “hallmarks” of hatred, targeting gays as a menace that could threaten the safety and well-being of others, referring to respected sources like the Bible to lend credibility, and using “vilifying and derogatory representations to create a tone of hatred.”
“It delegitimizes homosexuals by referring to them as filthy or dirty sex addicts and by comparing them to pedophiles, a traditionally reviled group in society,” wrote Rothstein.
While acknowledging it is a limit on free speech and expressions of religious belief, the court said it struck “an appropriate balance” with other Charter values, namely “a commitment to equality and respect for group identity and the inherent dignity owed to all human beings.”
The decision was hailed by advocates of equality rights for gays and lesbians and other vulnerable minority groups, as well as by those who believe it sent a strong signal that Canadian law — whether human rights acts or criminal codes — can be used to counter hateful speech and propaganda likely to cause harm.
http://www.thestar.com/news/canada/2013/02/27/hate_speech_ruling_antigay_pamphlets_broke_law_sup reme_court_of_canada_says.html
This is a bit complicated and some foreigners may not grasp it or believe in it due to their own dealings with freedom of speech, religion and equality issues. It may be complicated for Canadians to understand as well..lol
* 14. – (1) No person shall publish or display, or cause or permit to be published or displayed, on any lands or premises or in a newspaper, through a television or radio broadcasting station or any other broadcasting device, or in any printed matter or publication or by means of any other medium that the person owns, controls, distributes or sells, any representation, including any notice, sign, symbol, emblem, article, statement or other representation:
tending or likely to tend to deprive, abridge or otherwise restrict the enjoyment by any person or class of persons, on the basis of a prohibited ground, of any right to which that person or class of persons is entitled under law; or
(b) that exposes or tends to expose to hatred, ridicules, belittles or otherwise affronts the dignity of any person or class of persons on the basis of a prohibited ground.
In doing so, the Supreme Court of Canada unanimously struck down a small part of the province’s human rights code as an infringement on free speech and religion. It removed vague wording that prohibited the distribution of material that “ridicules, belittles or otherwise affronts the dignity” of people on the basis of their sexual orientation.
However, the high court, including Chief Beverly McLachlin, gave broad endorsement to the law’s equality protections for a vulnerable minority against the spreading of “hatred.”
The court said two of Whatcott’s hand-delivered leaflets had “hallmarks” of hatred, targeting gays as a menace that could threaten the safety and well-being of others, referring to respected sources like the Bible to lend credibility, and using “vilifying and derogatory representations to create a tone of hatred.”
“It delegitimizes homosexuals by referring to them as filthy or dirty sex addicts and by comparing them to pedophiles, a traditionally reviled group in society,” wrote Rothstein.
While acknowledging it is a limit on free speech and expressions of religious belief, the court said it struck “an appropriate balance” with other Charter values, namely “a commitment to equality and respect for group identity and the inherent dignity owed to all human beings.”
The decision was hailed by advocates of equality rights for gays and lesbians and other vulnerable minority groups, as well as by those who believe it sent a strong signal that Canadian law — whether human rights acts or criminal codes — can be used to counter hateful speech and propaganda likely to cause harm.
http://www.thestar.com/news/canada/2013/02/27/hate_speech_ruling_antigay_pamphlets_broke_law_sup reme_court_of_canada_says.html
This is a bit complicated and some foreigners may not grasp it or believe in it due to their own dealings with freedom of speech, religion and equality issues. It may be complicated for Canadians to understand as well..lol
* 14. – (1) No person shall publish or display, or cause or permit to be published or displayed, on any lands or premises or in a newspaper, through a television or radio broadcasting station or any other broadcasting device, or in any printed matter or publication or by means of any other medium that the person owns, controls, distributes or sells, any representation, including any notice, sign, symbol, emblem, article, statement or other representation:
tending or likely to tend to deprive, abridge or otherwise restrict the enjoyment by any person or class of persons, on the basis of a prohibited ground, of any right to which that person or class of persons is entitled under law; or
(b) that exposes or tends to expose to hatred, ridicules, belittles or otherwise affronts the dignity of any person or class of persons on the basis of a prohibited ground.