Rory Leishman
Comments on Bill C-250

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By Rory Leishman
The London Free Press
Sunday, June 1, 2003

With the backing of Progressive Conservative MP Peter MacKay, the Liberal majority on the House of Commons Justice Committee delivered a severe blow to freedom of conscience and religion on Tuesday, by approving a private members bill introduced by New Democratic Party MP Svend Robinson that would add "sexual orientation" to the hate propaganda section of the Criminal Code. Vic Toews, the Canadian Alliance justice critic, emphasizes that his party deplores hatred directed at any group, but opposes Robinson's legislation -- Bill C-250 -- because it is so badly drafted it, "would classify parts of the Bible as hate literature and portions of the Catholic catechism as hate literature."

Toews is not alone in expressing such concern. In a statement on Tuesday, Bill Rogusky of Focus on the Family, Canada, charged that, "Bill C-250 could make sections of the Bible illegal, and anyone who criticizes homosexual behaviour could face criminal prosecution. MPs need to hear from Canadians on this." CFAC Staff, president of the Canada Family Action Coalition, foresees that: "In a world of judicial activism coming from the courts, it's just a matter of time until the upholding or expressing of an opinion or belief that homosexuality is wrong, immoral or unhealthy will be considered hateful and thus a crime."

On this as on so many other vital issues of public policy, Roman Catholics and Evangelicals in Canada are united. In a letter to Justice Minister Martin Cauchon on April 15, the Canadian Conference of Catholic Bishops made clear: "Our concern with Bill C-250 is not about the objectives of prohibiting the incitement or wilful promotion of hatred or the advocacy of genocide. What troubles us is the possibility that someone who finds the expression of the beliefs of the Catholic Church on the sexual conduct of homosexual persons too blunt or too harsh will invoke the Criminal Code to silence the teaching."

The bishops have good reason to be troubled. In 1997, Sylvia MacEachern, the editor of a Roman Catholic journal, was subjected to an investigation by the hate-crimes unit of the Ottawa-Carleton Regional Police for stating on an Ottawa radio station that she supports the teaching in the Catechism of the Catholic Church that homosexual acts are intrinsically disordered and depraved. The charges were dropped because there was no provision for "sexual orientation" in the hate-crimes section of the Criminal Code.

Nonetheless, Robinson insists that Toews, Rogusky, Beyer, the bishops and millions of other conscientious Christians have no cause for concern about his bill, because the Criminal Code explicitly protects religious belief and requires the consent of an attorney-general for any hate-crime prosecution. Robinson asks: "Does Mr. Toews, a former attorney-general of Manitoba himself, seriously believe that any Canadian attorney-general would prosecute those who simply quote the Bible?"

Robinson might well direct that question to Hugh Owens, an evangelical Christian who has been taken to court by the Saskatchewan Human Rights Commission for placing an advertisement in the Saskatoon StarPhoenix that listed Bible verses opposed to homosexual acts. In a ruling on Dec. 11, 2002, the Court of Queen's Bench for Saskatchewan found that the advertisement exposed homosexuals to hatred, contrary to section 14(1) of the Saskatchewan Human Rights Code.

In his defence, Owens cited the guarantees of freedom of speech and freedom of religion in Section 14(2) of this same Saskatchewan Human Rights Code and section 2 of the Canadian Charter of Rights and Freedoms. However, the judge held that these guaranteed freedoms do not extend to expressions of hatred.

The Saskatchewan Attorney-General could have intervened in the Owens' case to uphold freedom of religion, but he chose not to. Now, Owens is appealing the verdict. If he loses on appeal, but still refuses to apologize for the advertisement and to pay $2,000 in damages to each of three homosexual complainants, he could end up in jail as a Christian prisoner of conscience. Bill C-250 poses no less of a threat to conscientious Christians like Owens. The legislation is now back in the Commons for further debate. All Canadians who still care about freedom of religion should bombard their MPs with protests in a last-ditch attempt to get this dangerous bill stopped before final passage.

Rory Leishman
836 Wellington St.,
London, Ontario,
Canada N6A 3S7
Home/Office Phone: 519-439-2676
Home Page: www.roryleishman.com

 

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