No right to quash offensive ideas

Opinion

Hey there, time traveller!
This article was published 29/06/2015 (3215 days ago), so information in it may no longer be current.

Every July 1, Canadians get a chance to hold a barbecue, laze in a lawn chair and maybe take a minute to appreciate the freedoms we’re afforded.

We’re allowed to worship whatever deity we choose, wander almost anywhere we like, hang with any human who’ll tolerate our presence and best of all, say pretty much whatever the hell we feel like saying.

Why just pretty much? Contrary to popular belief, freedom of speech isn’t absolute in this country.

For example, you’re not allowed to threaten to kill or hurt anybody in Canada. You can be charged with uttering just for threatening to damage property or pledging to poison a pet.

You may not incite hatred against any identifiable group in public. You may not use words to incite a violent uprising against the government. We also may not use words in a manner that facilitates terrorism.

The charges you may face for uttering threats, inciting hatred, promoting sedition and facilitating terrorism are seen as justifiable limitations of free speech. Most Canadians are OK with the existence of these Criminal Code offences because they place our collective freedom from harm above our individual freedom to hurt other people.

But there’s nothing illegal whatsoever about saying things that are stupid, wrong or extremely offensive. This is a good thing, because what one person deems funny or thoughtful could be considered by another as highly insulting.

The state has no business whatsoever playing the role of arbiter in the determination — at least when the speech in question does not involve a direct incitement to cause harm.

This leads us to Aaron Driver, a Winnipeg man whose words can and should be considered extremely offensive by Canadians.

For starters, Driver has expressed support for Islamic State, which can be charitably described a violent, terrorist organization that engages in destabilizing warfare, ethnic cleansing, indiscriminate murder and the destruction of invaluable heritage in the Middle East.

Driver also has said he believes last fall’s attack on Parliament Hill and the killing of Cpl. Nathan Cirillo at the National War Monument were justified. Canada brought these acts upon itself, Driver said in an interview with the CBC.

As a result, Canadians have every right to view Driver as a scumbag who deserves no sympathy. That’s why so few of us shed a tear when he was arrested, held in jail for a few days and then released with a pile of conditions placed upon him — all because of his support for the Islamic State.

Driver’s situation, however, should be of immense concern to all Canadians, especially on a weekend when we consider what makes this country great.

Driver has committed no crime. He has not threatened to kill or hurt anyone, even as he has condoned the actions of murderers. He has not encouraged anyone to undermine the government, even though he has said an attack on government was justified. He has not incited hatred against any identifiable group, even as he has supported the actions of genocidal militias.

Most crucially, the RCMP have not charged Driver with facilitating terrorism, even as it’s obvious he supports a terrorist organization. While it’s possible the police and CSIS are aware of more damning information about Driver’s links to terrorism, a widely lambasted section of the Criminal Code allows the state to arrest, detain and place conditions upon a citizen just because of the future potential to commit a crime.

All Canadians should consider this scary. While Canada is at war overseas, Ottawa has not enacted the Emergencies Act, which allows Parliament to suspend the civil rights of Canadians for up to four months. Ottawa also has yet to enact Bill C-51, which could suspend some civil rights indefinitely for the sake of combating terrorism.

Right now, it appears Driver’s rights have been curtailed solely for expressing reprehensible ideas, supporting reprehensible people and condoning reprehensible actions.

As Canada Day approaches, this is dispiriting. This country is supposed to protect the rights and freedoms of all of its citizens — not just the good ones who have barbecues, laze in lawn chairs and hold innocuous opinions.

bartley.kives@freepress.mb.ca