4~ Wodneaday, July 2, 1997 ~ North Shore Nows

Hate speech

cree lpnleetiennigee dae lennieatoe on tat

NO With PROBLEMS

pperreerenns Read Home & Garden and you

law

will be put to test

Frome page 2

Jews — who are not a
race but rather a religious
and ethnic group —— frst

dame to B.C. during the gold
rush. ‘Today there ae about
28,000 Jews in the provinee,
most of whom five in the
Lower Mainland.

The hearing has reeeived
national attention and Is con-
sidered an important test

_ GaSe,

ft is believed ao be the
first time in Canada a jour:
nalist- has faced a quasi-judi-

dial tribunal to answer a:

human rights complaint,

Chairman lyer, a law pro-
fessor, faces many conplicat-
ed constitutional questions
in the weeks ahead,

. For instance, she is asked
to consider whether BC.'s
jaw can be justified under
Section 1 of the Canadian
Charter oof Rights and

Freedoms, which guarantees

the \freedont. of, expression
:, and opinion and the freeddm

“of the press, subject, only sto:
uch “reasonable: limits ;pre-*:.
-seribed ..by ‘law.:as ‘can be -

:demonstrably, justified in a

tree and democratic society,”
o* The News has, argued’

“that the daw is an unjustifi-
. able ‘infringement, ;

oo. | The, CJC, * meanwhile,
- paints out that the Charter’.

also protects freedom of con:
science’ and . -eligion and

verishrines the values of multi-
~ culturalism and “equality. in,”

*/ Sections 15 and 27.

For the B.C. government, -
the Charter. challenge means, -

t- must prove several. points
about its legislation, ft must
shaw, for example, that there
was a pressing need for it,
~thac it meets its/ objectives
and’ that it, is'“minimally
~ inopairing” =

= that is, thar it

A Seeond World War veteran
who wrote a book detailing
his many escapes trout pris-
oneralwar camps, fis views
have deliphted his tins and
disgusted his critics,

Bue CIC? Pacific Reglon
president Michael Elterman,
Who signed the May 1904
complaing that led to the
hearing, testified that Collins
went “over the Hne® with a
Mareh 9, 1994, piece entitled
“Hollywood propagitnda.”

» does:not step'on fundamen:

tal -freedorns, ‘such as. free -:
speech, any more than neces-
ee

sary.

Association, in its submission

oii behalf: of the News,’ says

ithe government fails on the

minimum :impairthent test...
-because “its law. does: not,
allow; for ,defences’ such as

‘truth of lack of intent.

“The, B.C. Civil Liberties

Tt 'says"'Section 7(1)(b) "fl

“goes: too. far by. capturing
‘trite “statements, controver-

sial opinions on religion, and *

- ‘good ‘faith comments .on
contentious | public - issues
~ “that’ may be: interpreted as
promoting hatred

tempt.” | .. i.

Section 7 (1)(b) ‘reads as.”

follows: “No. person shall

publish, issue of’ display or
* cause to. be published, issued -

Vor displayed ‘any statement,
» publication, *-notice, sign,

symbol, emblem or other
* representation that \..is likely
' tO expose a. person or a

group or class of persons to

“hatred oy contempt, because
of. the: race, color, a:icestry,
place of origin, religion, mar-

ital status, ‘family ‘status, |

_ physical or mental disability,
sex, sexual orientation or age.
of that person or that group
- or class of persons.”
«If the News is unsuccess-

fil, it, wiil likely apply. to the *

courts for a judicial: review,

~The tribunal does not allow.”

forappeals,

* Collins, 76, has teen ito”

stranger to. controversy since

or con: ~

he -started writing columns

* for this newspaper in. 1984.

Seema ee —_

In the column, Collins
called the film Schindler's
List “Swindler’s List" and
questioned the number of
Jews killed in the Holocaust,
saying the six million Agure
was “rleulous.”

He suggested the movie
was used as propaganda by
Jows to extract continuing
compensadion payments
from Germans too young to
be responsible for the Hitler
atrocities,

could have no mow problems!

t

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