Civil liberties group challenges 'draconian' Liberal election speech law

Danbones

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A Canadian civil liberties group has launched an urgent application against the Trudeau government in the name of free speech, the Sun has learned.

The Canadian Constitution Foundation (CCF), a non-partisan charity, states in documents prepared for the Ontario Superior Court that the government’s new election laws violates the Charter rights of Canadians who wish to voice their opinions in the current election campaign.

At question is a revised section of the Canada Elections Act, first put forward in 2017 by the Trudeau government, concerning the publication of “false statements.” The CCF argues that Section 91 of the Act, which can see violators face hefty fines and even jail time, has been made too broad and will chill free speech and democratic participation.

The previous version of the section of the law focused on banning those who knowingly make false statements about the personal conduct or character of a candidate for office. Now, the section has been expanded to include a wider array of statements made in good faith about a broader category of individuals.

“Those who make statements honestly and in good faith are exposed to the risk of imprisonment,” reads the CCF’s application. “It is a blunt and unrefined instrument that treats sarcastic quips and deliberate lies as one and the same – both are subject to a blanket ban.”

The new law now bans both false statements claiming “a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party” have committed an offence or been charged with committing an offence and also bans “a false statement about the citizenship, place of birth, education, professional qualifications or membership in a group or association of a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party.”
https://torontosun.com/news/nationa...lenges-draconian-liberal-election-speech-laws

So this means foreign commentators who will be OUTSIDE the law while Canadians will be completely forever libel, So, That would mean the GLOBALIST Nazis and Communists that hate Canada and conservatives and who want to DESTROY the Middle class here can now BOMBARD Canada with fake election news?
 

Mowich

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Dec 25, 2005
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Karanicolas: Canada’s fake news laws face a Charter challenge. That’s a good thing

In a democratic society, political speech, and in particular speech around elections, cuts to the core of freedom of expression. Restrictions must be carefully considered in line with their targets and proportionality.

Recently, the Canadian Constitution Foundation announced that it was launching a Charter challenge against new rules which criminalize the distribution of “fake news” during an election campaign. While most Canadians would probably agree about the importance of promoting honesty and integrity in communications, the new law goes far beyond targeting organized disinformation campaigns.

Rather, the criminal provisions apply to any communication made with an intent to impact an election, a standard that would include just about all political commentary, from a documentary series to a single tweet. Criminal penalties now apply to factual misstatements about anything from a candidate’s “professional qualifications” to their “membership in a group or association.” In other words, Canadians had better be careful before they claim a particular politician is a “socialist” or a part of the “alt-right,” since getting a statement like that wrong could lead to up to five years in prison. To make matters worse, the law contains no requirement that the speaker must know that the statement they are making is false.

Journalists have particular cause for concern. Unlike Canada’s defamation laws, which allow for a defence based on having followed responsible professional practices, the new “fake news” rules contain nothing of the sort. There isn’t even an exception for parody or satire, so you’d better not joke about a candidate’s lack of qualifications.

While it seems unlikely that the law will actually be enforced against common mistakes, jokes or political hyperbole, this kind of flexibility is incredibly problematic in laws governing speech. since it gives the government a potential weapon to wield against its critics and opponents. Even without enforcement, over-broad content restrictions can exert a chilling effect against legitimate speech, particularly when a prison term is attached to the offence.

There is a reason why almost no other democracy criminalizes “fake news.” The drift in how the term has been employed by U.S. President Donald Trump, ultimately to refer to any messages which contradict his own narrative, is illustrative of the potential dangers, and shows why laws like this need to be crafted narrowly and with great care.

Against these potential problems, Canadians should question whether the legislation is likely to be effective in addressing the issue. Certainly, it is unlikely that the law could be used to apprehend, or even meaningfully deter, state-sponsored interferences of the type which played havoc with the 2016 U.S. election and with the Brexit referendum.

Hopefully, the coming Charter challenge will restore some semblance of constitutional order. At the very least, it should allow the courts to carve some reasonable exceptions into the law, such as reading-in defences for responsible journalism, satire and unintentional mistakes. Even better would be for the court to push the government to go back and try again, prompting a more earnest effort to create a response to the challenge of disinformation which does not undermine our core constitutional guarantees. There are a number of alternatives to criminal restrictions, including pushing for algorithmic transparency among platforms, public education and greater support for fact-checking and traditional journalism.

In a democratic society, political speech, and in particular speech around elections, cuts to the core of freedom of expression. This does not mean that elections should be a free-fire zone, where rules impacting speech do not apply, but merely that restrictions must be carefully considered in line with their targeting and proportionality. This delicate balance between deference to diverse views and safeguarding against manipulation is among the trickiest areas of law and regulation, and one which is made even more complicated by the advent of social media as a vector for foreign interference.

Nonetheless, it would seem to be self-defeating if, in our efforts to safeguard our democracy, we undermined the constitutional structure on which the entire system rests.

ottawacitizen.com/opinion/columnists/karanicolas-canadas-fake-news-laws-face-a-charter-challenge-thats-a-good-thing
 

MHz

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The CCF argues that Section 91 of the Act, which can see violators face hefty fines and even jail time, has been made too broad and will chill free speech and democratic participation.


Trust the Media to challenge truth in words from somebody who is being paid to tell 'the Public' the truth, unlike the news Media who are tied to the apron strings of 'advertisers', aka, any company listed on the Stock Market.
 

Vbeacher

Electoral Member
Sep 9, 2013
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We should be extremely wary of anyone who wants to regulate speech. The mentality and values of most of the political, academic and media classes are at odds with those of regular Canadians. They seem to have adopted the progressive intolerance to opinions which run counter to theirs, and which rules anyone who disagrees with them on social values as 'extremists' or 'hatemongers'.

Don't accept that men and women can change genders overnight? You're a transphobe! Don't believe Islam is compatible with western values? You're an Islamophobe! Have doubts about gay marriage? Homophobe! The only wonder is they haven't come up with a 'phobe' about those who question gender equality by fiat rather than merit. They're just 'sexists' or 'misogynists'.

Don't approve of abortion? Well, that's not a moral belief or a religious one. Clearly you hate women and want to take away their rights! And of course, if you disagree with the view that Sir John A MacDonald and Canada committed 'cultural genocide' then you're a filthy racist.

You can see by the above examples how the Left de-legitimizes contrary views as if they were violations of basic morality and sanity.And in some countries in Europe, like the UK and France, has succeeded in actually criminalizing such contrary views.Don't think for a second those on the Left here wouldn't like to do the same.
 

spilledthebeer

Executive Branch Member
Jan 26, 2017
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The CCF argues that Section 91 of the Act, which can see violators face hefty fines and even jail time, has been made too broad and will chill free speech and democratic participation.


Trust the Media to challenge truth in words from somebody who is being paid to tell 'the Public' the truth, unlike the news Media who are tied to the apron strings of 'advertisers', aka, any company listed on the Stock Market.




Poor MHz!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


The stuff he spews proves we need some sensible limits on HATE SPEECH!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


Here is yet another article explaining the truly messed up values that LIE-berals hold dear!!



With some comments of my own in brackets):

Liberal candidate loves Castro, just like Trudeau

By Brian Lilley

Published: September 9, 2019, Updated: September 10, 2019 8:16 AM EDT

Filed Under: Toronto SUN/ Opinion/ Columnists

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The Conservatives are hoping to embarrass a Liberal candidate in Eastern Ontario over comments she made about the late Cuban dictator Fidel Castro.

Although given what Justin Trudeau thinks of Castro and, of course, of basic dictatorships, it’s unlikely this candidate will walk the plank before the election is called later this week. In fact, if the Liberals win, she could be up for a cabinet post.

(Yes- sadly- given the Trudope family affection for hardcore Soviet dictators - it is a fair bet that Megill will be a LIE-beral Star!! After all Our idiot Boy Justin gets his values from papa Pierre- and it was Pierre that PUBLICLY extolled what he called “the genius of Red China Chairman Mao in rushing 30 million Chinese to the gallows”!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!)

(Yes- one would think LIE-berals would want to distance themselves from a “USEFUL IDIOT” - to use the Lenin Soviet description- who was extolling the virtue of Soviet MASS MURDER!! Cubans themselves referred to the first year of Castro dictatorship as “The Year of the FIRING SQUAD”!! Yet such is the LIE-berals hypocrisy they can talk of their love of freedom and democracy and fair play then turn and extol a vicious dictatorship!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!)

“Long live the Revolution,” Heather Megill wrote in a Facebook post in November, 2016.

That comment from Megill, nominated by the party just last week, was part of a longer post defending Trudeau who had come under fire for his tone deaf praise upon Castro’s death.

“Fidel Castro was a larger than life leader who served his people for almost half a century. A legendary revolutionary and orator, Mr. Castro made significant improvements to the education and health care of his island nation,” Trudeau said in an official statement.

(Well GOSH- idiot brother Sacha Trudope told us that “Castro was the greatest South American leader of the 20th century - and much superior to any merely elected leader” - its just too bad about all the people who had to be tortured and killed along the way!!!!!!!!!!!!!!!!!!!!!!!!!!!!!)

I mean sure, Castro oppressed the people of Cuba for more than 50 years, he jailed his opponents, banned religious practice for much of his time in office, closed down dissenting media and executed thousands — including gays and lesbians — but look at the schools and those speeches!

(Cubans themselves refer to the first year of Soviet Rule as “The year of the firing squad”!! First thing on ANY GOOD SOVIET “to do” list is ALWAYS to execute your opponents!!!!!!!!!!!!!!!!!!!!!!!!!!!!!)

There is no way to praise a man like Castro who rose to prominence with a promise to rid Cuba of a corrupt government and outside interference and then became everything he claimed to be replacing.

Unless, of course, you are Trudeau.

Trudeau gets a hug from late Cuban President Fidel Castro at the arrival in front of Notre Dame Church prior to the funeral of his father Pierre Trudeau on Oct. 3, 2000 Pierre Obendrauf / Montreal Gazette

(Isnt that nice- the Trudope family is so honoured by the bloody handed Soviet dictator that he take time off from mauling and torturing political opponents - and will fly in to comfort our own aspiring Soviet Asshat!!!!!!!!!!!!!!!!!!!)

(In other news -Cuban Soviet doctors perfected a way to make sure political opponents were made useful - even in death! Cuban doctors experimented and perfected a system by which they could drain virtually ALL the blood from a persons body AND SELL IT FOR A PROFIT - right before executing the prisoner!!!!!!!!!!!!!!!!!!)

(And we need to understand that the neat Cuban trick was to get as much blood as possible for maximum resale value to hospitals in the west - BUT NOT take so much the prisoner passes out- because good Soviets KNOW it is IMPORTANT for the condemned prisoner to BE WIDE AWAKE WHEN FACING THE FIRING SQUAD!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!)

He had in fact visited Cuba a few weeks before Castro’s death, tweeting photos of himself receiving a gift of a photo album from the Castro family of a Trudeau family visit in 1976. In his official statement, Trudeau acknowledged that Castro was a controversial figure, but praised him nonetheless.

“I know my father was very proud to call him a friend and I had the opportunity to meet Fidel when my father passed away. It was also a real honour to meet his three sons and his brother President Raúl Castro during my recent visit to Cuba,” Trudeau said.

(These are the vile words of a true SOVIET ASSHAT!! And we will all die of extreme old age BEFORE any Trudope even considers apologizing for Pierre praising mass murder in Soviet China!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!)

Gift from the Castro family – a photo album highlighting my father’s visit here in 1976… pic.twitter.com/4yY3MgW8K4
— Justin Trudeau (@JustinTrudeau) November 17, 2016

Pierre Trudeau may have embraced a relationship with Cuba in an attempt to soften the brutal dictatorship but it didn’t work. That Justin was embracing Fidel Castro at Pierre’s funeral in 2000 was a shocking thing, Castro arriving in Montreal as an honorary pallbearer.

Perhaps you can be forgiven for embracing who shows up to comfort you in a time of loss but that Trudeau embraced Fidel Castro — and his legacy — even after his death is unforgivable.

(It is also a damning indictment of Trudope family political values!!!!!!!!!!!!)

There may have been problems in pre-revolutionary Cuba but Castro only made things worse while promising paradise. Cuba’s per capita income prior to Castro was higher than much of Europe’s. The country welcomed immigrants from around the world.

Within years of Castro taking power, the people were not only oppressed but also impoverished and have been fleeing by any means necessary ever since.

(It is ODD that so many Cdn useful idiots would see only the “good” that Castro did- while IGNORING the bloodshed and starvation!! Toronto (RED) star did an article several decades back- advising Cdn tourists not to bother tipping Cuban hotel staff as there was NOTHING they could buy in food rationed and starving Cuba!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!)

(Instead- Left wing Star Soviet minded NUTS advised Cdns to take tins of FOOD with them on tourist visits and hand out the food instead - as the then current Cuban diet was DANGEROUSLY deficient in vitamins and nutrients!!!!!!!!!!!!!!)

That Trudeau, and Ms. Megill, would praise such a man should be shocking to anyone that values democracy, who claims to uphold the Charter of Rights and Freedoms.

In Cuba there are no rights and there are no freedoms for those on the wrong side of the government.

I could make a glib joke about Trudeau admiring China’s “basic dictatorship,” something he actually said back in 2013 but his affection for less than democratic governments is no joke.

His love of places like Cuba and China, both dictatorial regimes, is out of step with Canada’s democratic values.

I’d say Ms. Megill doesn’t deserve to be a Liberal candidate, never mind get the votes of the people of Stormont-Dundas-South Glengarry, but her leader and her party clearly do like Cuba as it is, not as it could be.

(Sadly Ms. Megill seems to be a prime LIE-beral style candidate- given the standard party values -we can only hope that the LIE-beral loving Soviet clowns are defeated as they deserve in the October election!!!!!!!!!!!!!!!!!!!!!!!!!)

(Frankly it is disturbing the number of people with poisoned left wing views that are seeking elected office in these troubled times!! One has only to think of several NDP candidates who are happy to crow: “FCUK THE POLICE”!!!!!!!!!!!!!!!!!!)

(And frankly- Greenies are not free of the Soviet taint either!! With Liz May struggling to rein in the more extreme sentiments of her party- which is displaying strong support for Muslim extremists!!!!!!!!!!!!!!!!!!!!!!!!!!)
 

Cannuck

Time Out
Feb 2, 2006
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We should be extremely wary of anyone who wants to regulate speech. The mentality and values of most of the political, academic and media classes are at odds with those of regular Canadians...

You mean like Trumpites that think football players should be fired for making political statements? I agree.
 

petros

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Nov 21, 2008
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Hehehehehe....embarrassing, I know...
Nervous laughter

Nervous laughter is a physical reaction to stress, tension, confusion, or anxiety. Neuroscientist Vilayanur S. Ramachandran states "We have nervous laughter because we want to make ourselves think what horrible thing we encountered isn't really as horrible as it appears, something we want to believe." Those are the most embarrassing times, too, naturally.
 

Vbeacher

Electoral Member
Sep 9, 2013
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You mean like Trumpites that think football players should be fired for making political statements? I agree.


Personally I'd fire the ass of any football player who antagonized my fan base for his own political or ideological reasons. That uniform is not yours, it's mine. That field is not your stage, it's mine. This stadium isn't your theater it's mine. if you want to act outside the rules of the entertainment system called 'football' in ways which harms my brand, get out and don't let the door hit your ass on the way.


And I think Trump is a moronic, narcissistic scumbag.
 

Danbones

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Sep 23, 2015
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I think the NBA just did that when they kissed China's pay for view butt
;)
Someone said something nice about the people protesting for freedom in hong kong and...

No More Kissing China's Ass - South Park - "SHOTS!!!" - s23e03
 

Cannuck

Time Out
Feb 2, 2006
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Personally I'd fire the ass of any football player who antagonized my fan base for his own political or ideological reasons. That uniform is not yours, it's mine. That field is not your stage, it's mine. This stadium isn't your theater it's mine ....

The NFL doesn't care about you racist Trumpites.
 

Jinentonix

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Sep 6, 2015
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You mean like Trumpites that think football players should be fired for making political statements? I agree.
Man, that dude is living rent-free in that empty, cobwebbed space betwixt your ears. Christ you're as bad as MHz except instead of turning every thread into a JDS rant, you turn them into TDS rants.


Of course with your limited intellect, you missed one of the ironic, finer points of all of this. We have politicians who knowingly and willingly spew unadulterated bullshit during election campaigns but only the public will held accountable for making "false" statements.


Considering the so-called "climate crisis" is just one big lie, seems to me a LOT of politicians should be prosecuted under Groper's Law.
 

pgs

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Nov 29, 2008
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Man, that dude is living rent-free in that empty, cobwebbed space betwixt your ears. Christ you're as bad as MHz except instead of turning every thread into a JDS rant, you turn them into TDS rants.


Of course with your limited intellect, you missed one of the ironic, finer points of all of this. We have politicians who knowingly and willingly spew unadulterated bullshit during election campaigns but only the public will held accountable for making "false" statements.


Considering the so-called "climate crisis" is just one big lie, seems to me a LOT of politicians should be prosecuted under Groper's Law.
They all know it is a big fat lie , to boot .
 

Jinentonix

Hall of Fame Member
Sep 6, 2015
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The NFL doesn't care about you racist Trumpites.
You know what's funny? Acting like an asshole because you support some dumb shmuck who goes on TV sporting a Che T-shirt while whining about oppression. Yeah, he was real oppressed. A 3rd string QB who got drafted into the NFL. A summary of his QB skills is this; if you're simply looking to field a team, then Kapernick is your guy. If you want to be competitive and have a shot at the Super Bowl, you're gonna want to go with someone else.


He was allowed to break NFL rules. Got paid to sit and picked up a sweet endorsement deal for taking a knee. Kind'a weird isn't it? The almost universal gesture indicating submission is taking a knee. Even in the NFL taking knee during a kick or punt return is a sign of submission; "I'll stop moving, just don't hit me".


And you might be wrong in your assessment of the NFL. While TV viewership has regained SOME of its losses, it's at-game attendance is way down and still dropping. It gets harder to pay your players when you can't even fill half fill a stadium.


There are also plenty of Black people who didn't support Kapernick's actions either, but they can't be racists, so they must be Uncle Toms, right?



It's cute the way the mentally deficient always cry racism. So, I take it then that your employer, or previous employer(s) would have had no problem with you protesting whatever in your workplace on HIS time and HIS dime? It's only morons like you who think "racism" is behind the people who have a problem with Kapernick's protest. Sure, there's probably some that are racist, but for the rest it's not the case that he was protesting or what he was protesting, it was the where and how.


It was the same for me when I used to go to concerts. I don't want to hear a bunch of political speech from the band or listen to them spew some ideology or watch them protest something, just shut up and play. That's wtf I'm paying $50 or more a ticket for.