Hate Speech Case Reaches Supreme Court

First Posted: 10/11/11 10:40 PM ET Updated: 12/11/11 05:12 AM ET

Supreme Court Ottawa
The Supreme Court Of Canada.

The Supreme Court of Canada on Wednesday heard arguments in the case of a man accused of hate speech for distributing flyers in Saskatchewan condemning homosexuality.


Bill Whatcott was charged with promoting hate after he distributed flyers in Regina and Saskatoon in 2001 and 2002 calling homosexuals sodomites and child molesters.


"Our children will pay the price in disease, death, abuse and ultimately eternal judgment if we do not say no to the sodomite desire to socialize your children into accepting something that is clearly wrong," one of the pamphlets said.


Whatcott was found guilty by the Saskatchewan Human Rights Tribunal in 2005 and ordered to pay $17,500 to the complainants, but the Saskatchewan Court of Appeal overturned the ruling in 2010. Whatcott argued he was opposed to gay activity, not gay people.


The Supreme Court of Canada agreed to hear the case between Whatcott and the Saskatchewan Human Rights Commission. The four-hour hearing wrapped up at midday Wednesday.


"At home and abroad the 20th century is rife with examples of extreme speech and related violence that was left unchecked and unchallenged to terrible and tragic ends," David Arnot, chief commissioner of the commission, said at a news conference Tuesday.


Whatcott's lawyer, Thomas Schuck, wants the court system to lose its right to rule on hate speech. He says it's almost impossible to define what hate is.


The court's decision likely won't be known for months.


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HUFFPOST SUPER USER
Jerry Bourbon
01:47 PM on 12/05/2011
BOy am I glad I am not Canadian. I like free speech.
02:24 PM on 10/15/2011
You have all, sadly, missed the point.

This goes well beyond mere "hate", or "false accusatinos" or even Whatcott's vile "opinions".

His pamphlet contains a clear and repeated incitement not just to violence but to MURDER.

It says (and I quote):

"God wants you dead.
Kill the homosexual. Kill the homosexual.
Kill the homosexual. Kill the homosexual.
Kill the homosexual. Kill the homosexual. Kill the homosexual."
08:51 AM on 10/13/2011
This isn't about opinion; he is falsely accusing all homosexuals of being child molestors. That is not protected. He also regularly wrongfully entered public schools and tried to talk to children about how gay people were conspiring against society. This is specifically trying to incite hatred towards people. This is misinformation that does not encourage discussion, but alienation.

Disgusting. I hope people stop trying to defend his actions under the guide of protection of free speech.
02:25 PM on 10/15/2011
It goes well beyond "incitement to hatred". It is an incitement to MURDER gay people.
08:27 PM on 10/12/2011
Just him the guy with a million separate libel lawsuits.

Every gay man who isn't a pedophile should sue him instead. Of course that only give an idiot like this a bigger platform to spread his message.

Frankly I have no problem with Canada's hate speech law. It's never been abused, and it's only used when merited, which in this case I think it is.
02:26 PM on 10/15/2011
I am a gay man and I am not a pedophile. But I also cannot afford such a lawsuit.

The Crown should charge him with incitement to violence (as in MURDER) against an identifiable group.
HUFFPOST SUPER USER
RobLuzecky
08:26 PM on 10/12/2011
This is a landmark case. Defining hate is a tricky issue, but far from impossible. Something along the lines of 'hate speech is that which enunciates material or analytic falsehoods or opinions which elicit, instigates, validates, or materially contributes to the derision or vilification or harm of another or group of others based on their ethnicity, gender, sexual orientation, geographical location, political or religious belief or affiliation' might be a good starting place.
02:27 PM on 10/15/2011
Or, how about just plain old incitement to violence (as in MURDER)? Clearly his 'literature' calls for just that.
HUFFPOST SUPER USER
Brian Berneker
I have an opinion and I'm not afraid to state it!
07:23 PM on 10/12/2011
"Our children will pay the price in disease, death, abuse and ultimately eternal judgment if we do not say no to the sodomite desire to socialize your children into accepting something that is clearly wrong," one of the pamphlets said.

While his is an increasingly unpopular position to take, it is largely traditional and faith based, and there are probably a significant number of people who agree with him on those grounds. It looks like this man's position is *intended* to be taking a moral high ground based on his beliefs and not necessarily that of hatred (though it may co-exist in his sentiment).

I don't know what else he wrote that might be considered hate speech, but this particular quote isn't it. Unless he is urging people to incite violence, I think it is critical that such points of view be allowed to be expressed so that we can discuss it openly. As much as I hate the attitudes of groups like the Westboro Baptists and would not protest injunctions against some of their activities, I think we would be worse off if free speech were to become restricted.
02:29 PM on 10/15/2011
"I don't know what else he wrote that might be considered hate speech" ... "Unless he is urging people to incite violence".

He IS!

His pamphlet contains a clear and repeated incitement not just to violence but to MURDER.

It says (and I quote):

"God wants you dead.
Kill the homosexual­. Kill the homosexual­.
Kill the homosexual­. Kill the homosexual­.
Kill the homosexual­. Kill the homosexual­. Kill the homosexual­."
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turkeylurky
Just keepin it real........
06:33 PM on 10/12/2011
The problem with speech laws (as with most laws e.g. Quebec language laws) is - where does it end.
Give these holier than thou bureaucrats some power and soon every opinion you have will get you in trouble - including what will be considered hate spewed on forums such as these.
02:31 PM on 10/15/2011
Ir "ends" with incitement to violence.

As in:

"Kill the homosexual­­. Kill the homosexual­­.
Kill the homosexual­­. Kill the homosexual­­.
Kill the homosexual­­. Kill the homosexual­­. Kill the homosexual­­."

This goes WELL BEYOND mere "opinion".

Get a clue.
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05:28 PM on 10/12/2011
I dont hate gays, but I sure hate speech laws. pathetic waste of time and money.
02:32 PM on 10/15/2011
Apparently you have never been the target of a call to be MURDERED.

Not a "waste of time and money" at all.
02:50 PM on 10/15/2011
I don't hate ignoramuses either. They're a pathetic waste of space.
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Blacksheep1
Keeping the Left honest, 7 days a week!
03:47 PM on 10/12/2011
I'm so glad I live in the US, Where we don't police opinions that make people uncomfortable. I don't agree with what this guy had to say, but I believe he has the right to say it.
I hope that someday Canada can mature to a point where it both respects and defends the right of people to speak their mind.
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06:47 PM on 10/12/2011
Like the Westboro Baptist Church? No thank you.
02:33 PM on 10/15/2011
"we don't police opinions that make people uncomforta­ble"

Sanctimonious claptrap. This goes well beyond someone's 'comfort zone'. Whatcott issues a direct and repeated call for gay people to be murdered.
aintnoliberalnow
Old,cranky and retired
02:33 PM on 10/12/2011
The problem o fcourts ruling on hate speech is that there is such a broad interpretation that each conviction opens the door to even broader interpretations. It is restrictive law by creeping increments and that is how rights are lost. Just take a look atsome of the post 9/11 legislation. Defining it specifically is just as hard as once again, anything bordering on it can be construed as hate and then you get another creeping interpretation. All of which opens the door to abuse by special interest groups as is regularly seen in human rights tribunals and complaints to the CRTC. It is a can of worms with no apparent happy medium solutions. We are damed with or without it but there has to be some way to go after the hate mongers and the agressively bigoted while allowing truth and discouraging blatent political correctness. Beats me how we do that fairly!
02:38 PM on 10/15/2011
"while allowing truth"???

Mr. Whatcott's screed has nothing to do with "the truth". It is NOT true that your "children will pay the price in disease, death, abuse" because I am gay.

When YOU are the target for a direct and repeated call to be MURDERED, then maybe I'll believe what you say. 'Cuz honey, YOU are the "special interest group" - the deniers of truth and the promulgators of hate and violence.

If it really does "Beat [you] how we do that fairly!", then we could start by realizing that incitement to violence is the crime here, and not merely the spreading of falsehoods (a "sin") and mere "opinions", as vile as they may be.
aintnoliberalnow
Old,cranky and retired
04:26 PM on 10/15/2011
What are you, a person who surfs the Huffpost to spew your biased and subjective point of view to the exclusion of all others? You represent the worst of the attitudes towards any subject because all you see is your agenda and to "h"| with any other point of view. Grow up child, yours is not the only cause in the world and as creeping legislation may enhance yours, it will destroy truth and equallity in the long run. Not to mention the outright animosity you create by your extreme and obviously poor, biased and subjective interpretation of what was written.
aintnoliberalnow
Old,cranky and retired
04:51 PM on 10/15/2011
Why don't you grow up and learn how to read and interpret? What you are ranting about here has no relationship to what I wrote. You and people like you just fly off and rant at everyone who you mistakenly suppose might have offended your expectations and those rants usually have little objective relation to the conversation at hand. The issue here is how do we, as a society, protect both groups and individuals while at the same time keep it fair and equitable. Thats my concern and nothing else! Next time read, read again and then think about it before answering.
12:42 PM on 10/12/2011
The @CDNConstFound (Canadian Constitution Foundation - www.theCCF.ca) is at the Supreme Court today making oral and written arguments defending freedom of speech. We may not necessarily support what Mr. Whatcott says, but we defend his right to say it. To learn more about this case and our involvement: http://www.canadianconstitutionfoundation.ca/article.php/48
02:41 PM on 10/15/2011
Chris, I hope the CCF reads the entire content of Mr. Whatcott's 'literature' out loud in the court, because no one here seems to even be aware that he is making a direct and repeated call for the MURDER of gay people.

As in:

"Kill the homosexual. Kill the homosexual.
Kill the homosexual. Kill the homosexual.
Kill the homosexual. Kill the homosexual. Kill the homosexual."

If you defend inctement to violence towards an identifiable group, then I cannot support you and your organization. This goes WELL beyond mere "freedom of speech, and you should be cognizant of this.
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HUFFPOST SUPER USER
CanadianSkeptic
Amazingly, thinking can solve most problems
11:49 AM on 10/12/2011
It's certainly a tough question, what legally defines hate?

While I believe in free speech, I think that freedom should have limits. Bill Whatcott is, and should be, free to express his opposition to homosexuality (I completely disagree with him). However, I do not believe he should be free to express his opinion in such a vile and disgusting manner. Such language serves no purpose in society (I imagine neither does Mr Whatcott).
02:44 PM on 10/15/2011
I think he should be able to express his opinion in as vile and disgusting a manner as he wishes.

What he should not (and, in Canadian law does not) have the right to incite violence against an identifiable group. Which is what Whatcott says AFTER the vile and disgusting lies he tells:

"Kill the homosexual­. Kill the homosexual­.
Kill the homosexual­. Kill the homosexual­.
Kill the homosexual­. Kill the homosexual­. Kill the homosexual­."

No one even seems to be aware of the contents of his actual filth.
11:44 AM on 10/12/2011
The man is an idiot, but if he cannot speak freely. Who is next.
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PortlandZoo
Wait... what?
01:45 PM on 10/12/2011
speaking freely is one thing, publishing hate is entirely different.
04:53 PM on 10/12/2011
Who judges what is hate and what is not hate.
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06:50 PM on 10/12/2011
f/f PZ. I agree.
02:44 PM on 10/15/2011
NO ONE is "free" to incite violence against an identifiable group.
01:13 AM on 10/16/2011
Putting flyers in mailboxes is promoting violence, Big time trouble with that definiton.
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OuterBanx North12
Now with 33% MORE caffeine!
11:38 AM on 10/12/2011
would we be punishing hate speech or profound ingorance?
02:47 PM on 10/15/2011
BOTH, hopefully.
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HUFFPOST SUPER USER
Wendy Stewart
11:13 AM on 10/12/2011
People hate others and that will always be the way it is. How could he just hate the behaviour and not the people? I think he is a hate filled human being and needs to be brought to task for his actions.
10:05 AM on 10/16/2011
Wendy,

He DOES "hate the [gay] people", and calls for their murder, seven times in one piece of 'literature'.