Relying upon s.2(b) freedom of expression rights under the Charter, Judge Bascom of the Alberta Provincial Court stayed a trespassing charge against William Whatcott, who received the trespass notice when distributing anti-gay literature at the University of Calgary. An indefinite ban was also lifted. This decision is consistent with other decisions on hate speech: no matter how abhorrent the message may be, there is expressive content in the communication and therefore protected under s.2(b).
Another factor for Judge Bascom was the place of the communication. This too is consistent with expression cases, as discussed in my November 17 blog on the City of Montreal case. According to Judge Bascom, the fact the incident occurred at a University was significant as "the concept of free expression is part of the University of Calgary philosophy." Interesting comment in light of the Pridgen case as discussed in my blog post here.
William Whatcott has not only been the subject of a Provincial Court decision, but also a Supreme Court of Canada case. Whatcott's case, in which he argued the hate speech provision of the Saskatchewan Human Rights Code is unconstitutional, is currently on reserve. Further information can be found in my blog postings here.
The determination of Charter rights are complex when faced with competing rights such as s. 2(b) freedom of expression versus the right not be discriminated against under s.15 of the Charter. In those instances, we, as a society, must look to the Courts to balance both rights meaningfully and fairly, in the context of Charter values, to come to the appropriate decision.
Sometimes, society can also take some sage advice from those individuals, who we deem wise and worthy. I end this blog with a link to a message from Nobel Prize recipient, Lord Bertrand Russell. The message of tolerance can be heard here.