I will never buy another copy of The National Post again. Ever. It isn’t shameful enough that we have Rob Ford as Toronto’s mayor, but now this? And if this ad isn’t tantamount to a hate crime, what is?
From Section Two of the Canadian Charter of Rights and Freedoms:
- A law will be found to violate the freedom of expression where the law either has the purpose or effect of violating the right.
- A law's purpose can limit the right either through limiting the content or form of expression. Limits on content are where the meaning of the expression is specifically forbidden by the law, such as hate-speech law, and is the most easily identifiable form of limitation. Limiting the form of the expression can often invoke section 2(b) as it will often have the effect of limiting the content as well.
- Where a law does not intend to limit the freedom of expression it may still infringe section 2(b) through its effects. A law will be found to restrict expression if it has the effect of frustrating "the pursuit of truth, participation in the community, or individual self-fulfillment and human flourishing.”
Furthermore, in Canada, advocating genocide or inciting hatred against any identifiable group is an indictable offence under the Criminal Code of Canada with maximum prison terms of two to fourteen years. An identifiable group is defined as any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation.
If this ad isn’t inciting hatred against any identifiable group, what is it doing? And why is the (self-labelled Christian) perpetrator of this garbage allowed to spew this hatred without suffering legal repercussion? And why is the National Post not being held legally culpable for printing the ad?
Perhaps the newspaper editor is hedging bets, counting on the current climate of ultra-Conservatism to win some votes in next week’s election.
If the responses I have received today (to quote: disgusting, reprehensible, sad, hateful, regressive, depressing) are any indication, I feel safe in saying that the National Post is very, very short-sighted.
