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With an anticlimactic flourish last
Friday, the Alberta Human Rights Commission delivered
another blow to freedom of expression in this country
by concluding that Stephen Boissoin faces penalties
for having exposed gays to contempt and hatred.
This ruling stems from a letter written
by Boissoin to the Red Deer Advocate in 2002 that took
aim at homosexuality and gay activism.
Boissoin claimed that gay activists
were "spreading a psychological disease" and
that homosexuals are "just as immoral as the pedophiles,
drug dealers and pimps that plague our communities."
Darren Lund, who recently attacked the
Operation Christmas Child project of Samaritan's Purse
in the pages of the Calgary Herald, filed the human
rights complaint against Boissoin, seeking financial
compensation and a public apology that would reflect
an understanding from Boissoin that his views were "inappropriate."
After his victory, Lund jubilantly said
that "you can't hide behind saying something is
my opinion or my belief and that somehow allows hate
speech." However, not even the litigation-happy
EGALE (Equality for Gays and Lesbians Everywhere) supported
Lund's complaint, stating in 2005 that "It is far
better that Boissoin expose his views than have them
pushed underground . ... Under the glaring light of
public scrutiny, his ideas will most likely wither and
die."
Hear, hear. We should be allowing all
"hate speech," not limiting it by kowtowing
to the whims of someone's agenda or hurt feelings before
a kangaroo court that is all too eager to make an example
out of some politically incorrect soul.
Unfortunately, the government of Alberta
intervened in this case against freedom of expression.
Not content to let their Human Rights Commission carry
out its prosecution, the government proactively sought
to make an example out of Boissoin. The government parroted
the line that the province has the right to limit all
forms of "discriminatory" expression and that
freedom of expression is subject to a limitation. Our
tax dollars paid to advance the argument that Boissoin
crossed that arbitrary line by "creating an atmosphere
that is conducive to discrimination" and "encouraging
discrimination in employment tenancy and in goods and
services."
The natural consequence of making forms
of speech illegal is that those who put forth different
or unpopular political or religious opinions will be
subject to prosecution. Court cases across Canada make
it clear that Christian opposition to homosexual sex
is one of the surest ways of getting crucified.
In 2002, the Saskatchewan Human Rights
Commission ordered the Saskatoon Star Phoenix and Hugh
Owens to each pay $1,500 to three gay activists because
of the publication of an advertisement that quoted Bible
verses on homosexuality. Four years later, this was
overturned by the Saskatchewan Court of Appeal after
the court ruled that the message, though offensive,
didn't reach the level of inciting hatred.
In 1999, Toronto print-shop owner Scott
Brockie was ordered to pay a gay activist group $5,000
for refusing to print their letterhead. The human rights
commission also made him print the material and apologize.
Brockie subsequently lost in the Ontario Court of Appeal.
In British Columbia, Chris Kempling,
a teacher at a high school, was guilty of "conduct
unbecoming as a member" by the British Columbia
College of Teachers for a series of editorials he wrote
to a local newspaper defending traditional marriage
while condemning the homosexual lifestyle.
The British Columbia Court of Appeal
upheld the disciplinary action of the College in suspending
the teacher for having participated in public debate.
Bishop Fred Henry was on the receiving
end of a human rights complaint in 2005 for articulating
his Church's teachings on same-sex marriage.
Lesson: Dare speak out, and the speech
police will come after you.
It's important to let all people - even
hatemongers - air their thoughts. If you disagree, then
write a letter in response, as the intervening Canadian
Civil Liberties Association argued in this case.
Wouldn't you want to know precisely the full extent
of someone's thoughts, like those of Boissoin? Banning
"hate speech" forces all people to retreat
behind societally acceptable views of moderation, killing
vigorous discussion and healthy debate. Furthermore,
this charade has dragged on for years, wasting the time
and money of Boissoin and all Alberta taxpayers. And
pending almost certain appeal, this case could be dragged
on for quite a while longer.
Had this been ignored, Boissoin's obscure
letter would have been long forgotten instead of getting
endlessly circulated on the internet.
This isn't about defending the content
of Boissoin's letter. This is about defending Boissoin
and all Canadians from the purveyors of political correctness
and those who are vehemently opposed to free and open
discourse.
Bruce Korol is a student-at-law with
the Canadian Constitution Foundation. E-mail: BKorol@canadianconstitutionfoundation.ca
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