I'll agree that the whole procedure left a lot to be desired, but getting a reprimand from the tribunal was much better than getting a criminal record, as the following people would:...
A reprimand? More like a punitive hit to your bank account.
Actually, that is still a crime in Canada. Ergo, why I said this isn't freedom of speech.
Actually, there's good case law that has taken some teeth out of Section 319 of the CCoC.
Which is as follows...
PUBLIC INCITEMENT OF HATRED
... / Wilful promotion of hatred / Defences / Forfeiture / Exemption from seizure of communication facilities / Consent / Definitions / "communicating" / "identifiable group" / "public place" / "statements".
319. (1) Every one who, by communicating statements in a public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace if guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
(2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against and identifiable group is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
(3) No person shall be convicted of an offence under subsection (2)
(a) if he establishes that the statements communicated were true;
(b) if, in good faith, he expressed or attempted to establish by argument an opinion on a religious subject;
(c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or
(d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada. In R v. Ahenakew, his conviction was eventually overturned on appeal, the Sask Provincial Court Judge sighted the fact that though his commentary was disgusting and untrue, it didn't promote hatred.
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I see lots of room in the context of Section 319 of the CCoC for wiggle room as to what constitutes promoting hatred. But I still think it should be amended to remove its remaining teeth and ambiguity.
That isn't about free speech. It's about disobeying a civil order.