A fresh look at free speech
Party leaders promise review of human rights commission
Calgary Herald
February 28, 2008
In the past few years, several
Albertans -- a pastor, a Catholic bishop, a magazine publisher among them -- have stood before the Alberta Human Rights Commission,
accused of publishing things "likely" to expose other people or classes of people "to hatred or contempt."
There, they found the scales of justice tipped against them, being denied a real court's traditional defences, in cases where no harm need have occurred, and where
complainants' fees were paid by the state, but their
defence was at their own cost. Yet, their offence was just using long-held, hard-won rights to comment as matters of state were decided, or discussed.
Clearly, something is wrong with Alberta law, if a body set up to decide if a person was denied a job because of race or sex, has been given a censor's powers.
But there is light at the end of the tunnel.
Both Premier Ed Stelmach and Alberta Liberal Leader Kevin Taft have said they're open to a review of sections of the province's human rights act that the commission uses to restrict speech. "I am open to looking at the provision [of the act,]" Stelmach told the Herald editorial board Tuesday, adding he expected the topic to come up, and that every member of his legislative team should speak freely at the caucus table.
Taft said much the same, recalling how he believed the former Tory government had tried to influence the University of Alberta not to publish one of his own books, critical of the Klein revolution. "Free speech is foundational," he told the board. "I'm prepared to look at the act. "
A promise to review is not a promise of reform, of course. Both Stelmach and Taft left themselves wiggle room, Stelmach adding "freedom is a balance," and Taft that free speech was "a judgment call."
Nevertheless, both men deserve praise for vowing to at least look into this vital issue.
Albertans' job for now is to see that whichever party forms government keeps its promise.
Nobody should expect the law to ignore incitement to violence, or hateful acts. But, it must permit people to be offensive.
For the right to speak freely is worth little if it only protects words with which we agree: To be valuable, it must guarantee freedom for words we hate.
Bishops should not fear the law when they preach, nor publishers the wrath of those who would shut down debate, rather than argue their cause. For the health of democracy in Alberta, amending the act is essential.
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