RGUMEN MTHE following i is a: summary of the arguments presented at the recent human rights hearing involving the North Shore News, News columnist ig Doug Collins and the Canadian Jewish Congress: The British Columbia Press Council: pNm The speech restrictions in section 7(1) of the B.C. Human Rights Code (formerly 2(1) of the Human Rights Act) raise such important issues of constitutional law that the press coun- il is determined there be no misunderstanding of their implications for the survival of free mspecch-in B.C. — the most important right of a People | in a free and democratic society B because i it is the foundation of Fall other rights. ce Canadian Confederation i in 1867, there exists.no precedent of a newspaper being ‘compelled to appear before a government-appuinted Tribunal, other than 2 court, to defend inion. column against an accusation that it violated conrent standards as outlined by a ‘simply exists no evidence before this tribunal that any other free and democratic eve ompelled : a newspaper to such a a non- trary TO most reports | this hearing i is about whether cific’ censorshi ) law’ as outlined in section 7(1) of. . wal "speech restric- ights Tribunal storm. The News reprints it so readers can decide for themselves think hate literature or fair comment. ; ‘whet her er they You decide: - | hate or opinion? “THE following i is the now infamous $200,090 Doug Collins “Hollywood Propaganda” column published in the March 9, :1994, North Shore News that is at the eye of the whole Human Wednesday, August 20, 1997 - North Shore News ~ 17 @ The legislation clearly infringes the fondamental “freedom of expression including freedom of the press” as guaranteed in section 2(b) of the Charter and, indeed, the atrorney general of British Columbia admits the infringement and the Canadian Jewish Congress does not leny it. MB As a result of the first two points above, the supporters of the legislation have the onus to establish that the infringement (the chill created by the legislation) is “demonstrably justified in a free and democratic society”. On the case law, justifying the infringement requires that it be a “limit prescribed by law” but it isn’t, it is vague and very subjective. It depends on whether a given provincial appointee, serving at the pleasure of the govern- ment, thinks a publication might inspire a reader to inflict hatred or contempt on some third : party. That is not a “limit prescribed by law” but, rather, delegation of a vague discretionary and subjective power of censorship after the fact. . , B Even if the legislation j is a “limit prescribed by law,” under the case law the legis be shown to meet a “pressing and substantial concern. _ There is no pressing and substantial concern w@ There has been, over the c course of thi _ Steady drop in racial discrimination and’ hatred | Coiumbia. There have been “dark 1 moments”: of racial‘and discrimination by the government, for example, the hi tax, the Chinese Exclusion Act which w: repealed ii 1947 barring Chinese women, from i immigrating, ¢ there has been a steady improvement in this century. whi there has been a free press.: * - : Nothing in this history of i impi ovemen a need, much less a “pressing and answered by this legislation, for’s censorship over. thi All wa g any intention of doing so, since it must be the 555th 1 movic } TV program | ‘on the“ Fifty years afte films “holocaust.” Why are we geting ich an oreo ad ie cy: evidence: ‘is that it is thought th ‘end a ce the Banc of Ban ‘3 Mee ea eTS WIE: POW a nce the! governmi of failure by the government. J system has led to instill appropriate civic values in icaté“ appropriate information about the dangers of racism tion: Censorship that isnot opposed by the peo- ssion ‘by; Society that, it lacks the courage to deal openly with controve: ontained in section 11) of the B.C. Humes Rights Code is nor t ‘type anid democratic government in BC. ‘has no business setting ‘up special tribunals to define the content of per- the news media, which play the vital role of “public watchdog” in a a free octh ; o cei iti a sehibits publication of: speech (words, opinions, ideas and fats) t based ic likelihood of exposure ofa single person to hatred or contempt because of ee Pon of original, religion, marital status, family status, physical or ability, sex, sexual o rientation or age of, that person .. Selman. igrati . ° fundioe of Eaglish asa Second Language in schools: © heterose: : ® school curricula .- ® school library collection . We need vigorous debate on these and many similar i issues, not government-