🚀 go-pugleaf

In article <34bab636.2890382@news.interlog.com>,
Sheila Paterson <shepat@//REMOVETHIS//interlog.com> wrote:

[snip]

>Everyone has the right to free speech no matter how obnoxious,
>offensive, fascist or boring.    What one doesn't have is the right to
>keep someone from speaking.

Although many here would argue the point, the statements above are not
correct for Canada, which does not have the protection of the American
First Amendment.

In short, in accordance with recent Supreme Court of Canada findings,
there are acceptable abridgments to Canadian Charter rights to free
speech.

For two examples, and arguments, see the following URLs:

http://www.nizkor.org/ftp.cgi/people/t/taylor.john.ross/supreme-court/judgement
http://www.nizkor.org/ftp.cgi/people/k/keegstra.jim/supreme.court/keegstra.scc-1996

In the second instance, the Court held:

5      We   would  answer  the  constitutional  questions
       (paraphrased) as follows:

1.      Does  s.  319(3)(a) of the Criminal Code, R.S.C.,
        1985,  c. C-46, infringe s. 11(d) of the Canadian
        Charter of Rights and Freedoms?

Response: The answer is yes.

2.      If  so,  is s. 319(3)(a) of the Criminal  Code  a
        reasonable  limit on the s. 11(d)  Charter  right
        pursuant to s. 1 of the Charter?

Response: The answer is yes.

        Judgment accordingly.



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