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Sample Letter #2
Last June, the House of Commons passed a private Member's Bill, Bill C-304 which repealed Sec. 13 of the Canadian Human Rights Act.
Sec. 13 had been a vague and much abused form of Internet censorship, making an offence out of views expressed over the Internet that were not criminal. Truth was not a defence. Intent was not a defence. The wording was vague -- communicating views "likely to expose" designated or privileged groups to "hatred or contempt." No harm had to be proven. In fact, it was not necessary to prove that anyone other than the complainant had ever even seen the post in question. "Contempt" would capture any negative criticism.
Until the Marc Lemire decision in 2009, Sec. 13 had a 100% conviction rate. That alone should have set off alarm bells. People are frequently charged with murder or robbery or fraud and acquitted. However, there were virtually no defences under Sec. 13. Most of the victims of Sec. 13 complaints were poor and obscure people, unable to afford a lawyer. The long drawn-out proceedings were an abuse BY process.
The investigators and prosecutors for the Canadian Human Rights Commission acted more like a political police than officials steeped in our tradition of fairness. When the lead "hate" investigator was questioned during the Warman v. Marc Lemire Tribunal, he was asked what weight he gave to freedom of expression when he was examining a website: "None," he responded, "freedom of expression is an American idea." Oh, really? The House of Commons was wise to repeal Sec. 13.
In passing Bill C-304, the House of Commons went a long way to securing Internet freedom in Canada. We urge you to do likewise and pass this piece of legislation as expeditiously as possible.
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