Supreme Court rules on Whatcott case

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6079_Smith_W
Supreme Court rules on Whatcott case

I haven't read the decision yet, but the court upheld severeal ls Whatcott's convictions, while striking down some parts of Saskatchewan's Human Rights Code.

http://www.cbc.ca/news/politics/story/2013/02/27/pol-supreme-court-whatc...

On the surface it seems like a fair decision.

Unionist

*bump*

I should have read this when you posted it lol!

Guess I've got some homework to do now...

 

ikosmos ikosmos's picture

Quote:
The repugnancy of the ideas being expressed is not sufficient to justify restricting the expression, and whether or not the author of the expression intended to incite hatred or discriminatory treatment is irrelevant.  The key is to determine the likely effect of the expression on its audience, keeping in mind the legislative objectives to reduce or eliminate discrimination.

 

6079_Smith_W

 

Quote:
The key is to determine the likely effect of the expression on its audience.

Presumably that does not mean that just because a listener thinks it is hate speech it is hate speech. More likely it refers to the legislation, and has to do with whether that expression is likely to lead to someone breaching the peace.

Not always an easy thing to prove.

And there are two parts to the law - public incitement and willful promotion, and plenty of defenses (including whether the statement is true) which allow exceptions.