Jay Currie

“The history of the regulation of speech in this country does not engender confidence that such powers will be used wisely. Canada has experienced several instances in recent times where regulatory commissions of another type and armed with a different mission have challenged the right to say controversial things. The struggles of Ezra Levant, Mark Steyn and others have served as important warnings that regulatory authorities charged with combating racism, hatred, and other evils have consistently expanded their mandates, have abused their powers and eroded fundamental liberties. Wherever there is official orthodoxy, disagreement is heresy, and where there is heresy, there is usually an inquisition to root it out. After centuries ridding ourselves of thought control agencies, 20th century Canada re-invented them” Timothy Denton, CRTC Commissioner, (no longer in) Broadcasting Regulatory Policy CRTC 2009-329

However, in his wildly intelligent and deeply insightful concurring opinion, Commissioner Denton has left more than a few hardcore comments;

So extensive are the Commission’s powers over broadcasters that it is easy to conceive regulation of speech by a wink and a nudge, by back channels, and by the very terms of the exemption order itself. It is entirely conceivable that such an exemption order could incorporate by reference the standards (or lack of them) agreeable to the Canadian Human Rights Commission, or any other speech-controlling body. In other words your right to communicate across the Internet could be revoked by administrative fiat for failure to comply with a speech code devised by parties other than the CRTC, if the Commission so established.

And,

It is no use to say that such user-generated content would be exempt, because exemptions necessarily imply that the communication exempted could be regulated by the government, and the terms of the exemption order itself are a form of regulation. Exemptions imply conditions. Speech across the Internet should not be subject to prior government approval of the speakers. Speech should not need permission by the equivalent of a hunting licence; nor does it need to be controlled by the equivalent of a driver’s licence. Speech is a right. It is not a legal privilege granted by the state.(my emphasis)

Go read the whole thing.

(And a big thank you to BCF who noted the editing.)