Freedom of Expression in Canada

The right to freedom of expression can be described as a war. It is a

war that has lasted for centuries and may last for centuries more. It is a war

between freedom of expression and social intolerance. In this war there are

many battles. The battle on which this brief essay centers itself is the battle

between freedom of speech and laws limiting that freedom; more specifically the

ability to spread hate propaganda and the "hate laws". Included in the essay is

a brief outline of one skirmish that has taken place (Keegstra).

Those who fight on the side supporting freedom of speech do so for several reasons. Braun declares that it is a basic democratic right to voice your own opinion .

Douglas Christie has gained notoriety for his vigorous representation of high-

profile, controversial clients, charged under the hate laws. He advocates

freedom of speech for two main reasons: a) he finds it abhorrent that the state

can legislate thoughts and words, and b) he often agrees with the views held by

his clients. Others such as Noam Chomsky, a brilliant intellectual, argue not

for the views expressed, but the ability to express them. Lining up on the

other side of the battle you have: Derek Raymaker, David Kilgour, Victor Ramraj,

and Bruce Elman. They argue that there is definitely a moral place for laws

regarding hate speech, whether they are criminal or not. There was recently a

new development in the Canadian war for freedom of expression. Introduced in

April 1982 was a new and important strategic battleground.

With the Charter of Rights and Freedoms the war could be won or lost by

either side. It was not long before the Charter saw battle.

In 1984, Jim Keegstra was charged with violating section 281 of the

Criminal Code of Canada (now covered under section 318-320). Keegstra was a

respected school teacher and mayor of the small town of Eckville, Alberta. This

was no borderline fanatic; this was an elected official charged with promoting

hate. However by the time Keegstra's trial rolled around he was no longer the

mayor Eckville and his teaching license, revoked. The problem was, the very

nature of s. 281 lent itself to legal debate under section 2 of the relatively

new Charter of Rights and Freedoms. The defense counsel Doug Christie lost no

time in challenging the legislation's constitutionality. In response, Crown

prosecutor, Bruce Fraser, stated that Keegstra was being charged with promoting

hatred; not expressing it. The Crown also stated that freedom of speech is not