S Mark Frieman
Overall perspective: s. 13 important resource protecting vunerable communities. Consittutionally appropriate because only deals with dangerous and harmful speech. Minimally impairs free speech. Criminal code is not an adequate substitute for s. 13. Not advisable to restrict hate to advocating vilence.
Does not believe that s. 13 is without issues or problems. s.13 and the way it is admin can be improved.
Context: s. 13 does not deal with all speech – just the Canadian Communications system. Regulation of speech outside broadcast is not unfamiliar. Not confined to the “Fire” example. Defamation, contempt of Court, regulation of advertisements addressed to kids, tobacco, booze, child porn. Key, regulation is geared to preventing harm and danger to society.
Mortal danger: Nazi, Cambodia, Rawandi, Yugoslavia propoganda.
Is s. 13 aimed at politically incorrect speech? s. 13 targets dangerous speech. Dangerous because it says people are bad or worthless because of the group they belong to. Demonization is the key. Demonization is the precursor of violence. Can’t start with the incitement to violence.
Is CC adequate? No. the target of criminal prosecution is the wrongdoer so we set high standards to avoidd injustice. Focus of the HRA is the message not the doer. Focus allows as procedure which falls somewhat to the other side of the criminal law.
Is the focus of CHRA too subjective. Dickson is very precise. Enforcement of the standard is protected by the Courts through JR
Allow for dismissal early, level the playing field, allow the respondent to be compensated.
October 26th, 2009 at 1:03 pm
Allow the respondent to be compensated…well, how nice—who’s paying for that, the complainant? No—the taxpayer. It would be fair to the respondent, but not fair to taxpayers.
October 26th, 2009 at 1:07 pm
Section 13 targets dangerous speech? I thought its focus was on protecting whiners from the phony right to not be offended.
October 26th, 2009 at 1:21 pm
Notice no one mentioned that the primary complainant was an ex-CHRC employee and benifactor to a great deal of money for pain and suffering? This hearing is nothing more than a crock of shite, makes me wonder who far up the chain of command in Harper’s government the fucking rot lies? So the officials Jews assert Section 13 is vital to protect Jews from hurt feelings, well how come no Jews are filing complaints just Jewish Lobby Groups and a middle aged white guy with ten strands of hair left? Where’s the suffering minorities official JEWS??
October 26th, 2009 at 2:57 pm
Frieman also advocated “Special Tribunals” within the Tribunal.
Scary – Secret Police stuff