AlvinofDiaspar
Moderator
Allow me to explain. he is not limiting the freedom to make offensive films. That freedom of speech still exists. But it is not an inherent right that you should be funded to practice your free speech. To say so would actually be a breech of the tax payers rights to their own money.
Indeed, if that is the case however, then why should some groups be entitlted to the taxpayers subsidized freedom of speech while others aren't - and better yet, on what rationales should that be decision be made? On a Minister's whim and personal sense of ethics and morality? And taxpayers - which taxpayers?
The HRC is ridiculous. And no there is no different category. Either you have free speech or you don't. Saying you hate someone is not an infringement on another Human Rights. For instance if you were to say I hate Christians, that does nothing to infringe upon the rights of Christians. Because your hating them does not limit their freedom to remain Christians. However if a Christian were to take you to the HRC and have you pay large sums of money for the offense, it would be a breech of your right to free speech. Not to mention the fact that the complainant in this case is represented by the Commission and does not have to pay. As for you in this case, you would have to pay for representation and unlike real courts, even if you win you lose. Because the plaintiff does not have to pay court costs to compensate for your defense attorneys. And also unlike real courts the most ridiculous cases are given an ear, which means that over the smallest trifles you can be hauled before the Commission and be compelled to pay tons of money (first for your representation and later to the plaintiff for an egregious claim).
Canada never has unfettered freedom of speech - the area of libel is one, among many, that clearly identified the limits of such. Another area is threatening someone with violence or death. So please don't come to me telling it's black and white or absolute. Perhaps I should expect you to stand against those laws now?
Beyond that - actually you can't be hauled up to the OHRC just because joe blow said something casually - there has to be some act of discrimination (services, employment, accomodation) or harassment - also note that the majority of cases are resolved through mediation. Redress for costs can be made in cases that's in bad faith, as per Section 41(4) of the Ontario Human Rights Code.
What you've cited are extreme cases involving the HRC. Just how many of cases and what proportion of cases in practice are of this nature? And I've noticed you aren't quoting the majority of cases that makes complete sense - and justified the existence of the HRC in the first case. Like the individual who had complained the lack of accomodation by the TTC, which refused to announce station stops?
Have you followed some of the HRC's cases in recent years? A Sikh man refuses to wear a helmet on a ride at Canada's Wonderland. The ride, according to federal regulations requires that one must wear a helmet. So the folks at Canada's Wonderland (simply doing their job) say well if you don't want to wear the helmet that the law requires we all wear, then you can't go on the ride. Sikh takes them to HRC, wins.
Actually it's the OHRC in that case - and the regulations are also provincial in nature. The question is - and you haven't provided me with this information - whether the person in question had, upon being told he cannot be on the ride, been compensated for it (and it doesn't appear so, at that point). Not to mention, there are quite a few similiar cases where the human rights ruling are NOT favourable to the complainant, on various basis (workplace safety, etc).
And in any event, what does this case have to do with freedom of speech? Or is it about your beef with the HRC?
Man owns a restaurant/bar frequented in the daytime by families who bring children etc etc. One customer at the restaurant is allowed to smoke medical marijuana. But he feels he has the right to smoke it in the doorway of this man's business, where families bring children in the daytime. Customers complain about the smell of it. So the restaurant owner asks the man to simply go smoke away from his doorway. The pot-smoker brings the restaurant to the HUman Rights Commission. Case has been pending for a few years now. The restaurant owner has been paying for his defense over a case that should have been denied. And even if he wins, he loses.
Interesting you didn't mentioned that he is smoking it in the smoking area of the restaurant - not just any doorway. Would the customers inside have the right to ask any other smoker to take a hike and expect the owner to comply for not liking the smell of Giantes, for example? No. And in addition to that - medicinal marijuana is medication - cigarettes aren't. Does it sound right to you to deny others to right for medication while giving what is defacto special treatment to what could be an equally offensive act - i.e. smoking - to some individuals? BTW, framing it with the talk of family and children is clearly trying to sway the argument in the context of quasi-legal activities vs. kids. Oh would someone think of the children who have to, god forbid, suffer from the smell of weed while cigaratte smoke are a-okay?
Again, what does it have to do with the freedom of speech?
Ezra Levant runs a newspaper out west. During the time of the Danish Cartoon incident and the riots, he does a story about the riots, and prints the offending cartoons. Those cartoons of Mohammed were the subject of international news. Now Ezra Levant is facing a human rights tribunal for printing them.
The question of intent comes to mind - and note that in this case, the complaint has already been withdrawn by the complainant himself - with the express understanding of the role of freedom of speech in Canadian society as a reason.
And you people have the audacity to compare the cutting of film funding to real breeches of free speech. No one is being punished in the Tories decision. What they are saying is......tax payers simply wont be required to pay for it. That's not a breech of anyone's rights.
Taking away economic incentive to have certain types of speech/viewpoints being accessible isn't a limitation on free speech? I thought you said that there are no gradations of free speech?
The real criteria for artistic funding should be artistic excellence - not morality, controversy or the lackthereof.
AoD