Tuesday, February 04, 2014

Could Section 13 Be Reinstated?

A BC Court of Appeals rules Section 13 is constitutional.

Weirdo ruling:

The 2009 ruling that first ruled Section 13 unconstitutional came in the case against Marc Lemire, a far-right activist who has long experience running websites, including his Freedomsite.org. That tribunal decision found Mr. Lemire violated Section 13 by posting an article by someone else called AIDS Secrets, which vilified blacks and gays, but the tribunal refused to make any penalty order against him, on the grounds that the penalty section violated free speech.

This latest ruling overturns that decision, and reinstates Section 13’s penalty sections. As a result, Mr. Lemire now faces a decision whether to appeal to the Supreme Court of Canada — which last year issued a major hate speech ruling that it is unlikely to reopen — or go back to the Canadian Human Rights Tribunal to fight a cease and desist order against him, requiring him not to violate Section 13 again. He calls it a “lifetime speech ban,” and in effect it prohibits him from violating a law that does not exist anymore, at least as of June.

Does anyone else find a life time speech ban Orwellian?

Russ Campbell raises the specter that a leftist politician could reinstate it.

Maybe what we need is some kind of constitutional clarification on free speech.

We cannot let this go. People must have the right to say what they think without penalty.