April 2008
The Canadian Association of Journalists is calling
on federal and provincial governments to amend human rights legislation to stop
a pattern of disturbing attacks on freedom of speech.
Two recent cases spotlight the dangers of allowing
state-backed agencies to censor speech based on subjective perceptions of
offensiveness – Maclean’smagazine, which is facing complaints in two
provinces and nationally for an article by syndicated columnist Mark Steyn, and
Ezra Levant, the former publisher of the Western Standard who is now
before the Alberta Human Rights Commission for his decision to publish the
Danish cartoons of the Islamic prophet Muhammad.
“Human rights commissions were never intended to act
as a form of thought police,” said CAJ President Mary Agnes Welch.”But now
they’re being used to chill freedom of expression on matters that are well
beyond accepted Criminal Code restrictions on free speech.”
The CAJ supports Liberal MP Keith Martin’s private
member’s motion to have section 13(1) of federal human rights legislation, the
clause dealing with published material, repealed. Similar provincial legislation
should also be amended as required.
“The lack of political leadership on this issue,
apart from Mr. Martin and a few others, is appalling,” said Welch.”Even people
who helped create human rights commissions have said they were never meant to
act as censors.
Since a number of commissions have accepted these
complaints as worthy of investigation, there clearly needs to be government
direction to stop the ongoing erosion of one of Canada’s most fundamental
rights.”
The CAJ believes that laws of libel and slander,
hate speech and other provisions found within the Criminal Code provide
sufficient restrictions on freedom of speech. Human rights commissions, which
are not bound by the same rules of evidence of the courts, have become
last-ditch end-arounds for those who want to silence commentary they disagree
with.
“Whether you agree with Steyn or
Levant is immaterial. If they’re breaking no laws, they should have the
right, in our democracy, to speak freely,” said Welch.
The CAJ will be monitoring the investigations in
these two cases and plans to intervene if the process moves to the tribunal
stage. The CAJ, however, strongly urges the Canadian human rights commission, as
well of those of Alberta, B.C. and Ontario, to simply dismiss these complaints
completely.
The Canadian Association of Journalists is a
professional organization with some 1,500 members across Canada. The CAJ’s
primary role is to provide-public interest advocacy and high quality
professional development for its members.
Issued February 22, 2008, Ottawa. For further information: Mary Agnes Welch, president, CAJ: (204) 943-6575.
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