The Price of Democracy

I've been getting a lot of traffic obviously because of the subject matter over the last couple of days.

While I know that I've had some police officers, including the Chiefs of Police of Ontario, the Law Society even the House of Representatives in the United States peruse this blog from time to time, this message is for those who are not familiar with freedom of speech laws in Canada nor our human rights laws nor the Charter protections.

The clause above on Habamus Rodentum is taken from the Constitution Act, 1982 (see link to left) which happens to be Canada's supreme law (s. 51) yet I am surprised at how many politicians who don't know it's significance - or that it exists.

There are limits to Charter guarantees. I can't imagine a limitless guarantee of freedom of religion where religion doesn't take responsibility for itself for promoting hate against co-religionists or co-citizens who don't believe the same dogma. The same goes for freedom of expression.

But the chance to prove the right to criticize a government agency, police force or religious group without fear of reprisal (death threats, murder) to save freedom of expression is worth every written word.

The Ontario Human Rights Commission does not consider exercising freedom of speech a violation against the Human Rights Code. If there are qualified safety concerns then a human rights violation may not be present against enumerated grounds.

For example: if a group of people preach or propagate to do something against a another group of people then that first group of people could be in violation of human rights law. I consider the Islamic hadith on killing Jews such a violation. Some apologize for this hadith and translate it to be 'enemies'. This is explained and taught in Islamic circles (halaqas) as a Sahih Bukhari - a sound hadith. If it's sound, then it is believed.

And it is believed.

Because of this hadith and subsequently hearing a complaint from a small child that an Islamic school teacher told her kindergarten class it was ok to kill your enemies - that was the red flag for me to reconsider why it was that I converted to the religion.

Because of the volatile situation in Ontario there are numerous press reports about a backlash against the Muslim community but exercising freedom of speech isn't one of them. Vandalizing or taking someone's property i.e.: smashing a window at a mosque or harming Muslims or anyone else by death threats or actual violence because they are a specific religion, race or because of disability, is.

Even if your attitude against particular individuals is such that it influences yourself or it influences other's decisions to do or not do something and that decision harms another person because of it - your guaranteed right to security of the person in the Charter should be fought for.

A human rights claim can be filed by anyone who has been denied services or employment because of an enumerated ground under the Code. Police services are one such service under Section 1 of the Code.

Section 15 of the Charter also gives guaranteed protection and benefit of the law - that applies to all Canadian police services.

That means those who have not received equal benefit and protection under the law, in particular the Criminal Code or other legislation due to discrimination that violates an enumerated ground under the Charter for example religion, race or disability (any disability) it means they could file a Charter Challenge.

If a person has their property taken against their will and a police officer helps the offender do it and it's done because of a perceived notion about a person because of their differences under enumerated grounds under either the Code or the Charter - that's a serious offense.

Not only is a peace officer helping someone else steal another persons property because they are of a certain religion, race or disability, and contributing to undermine their security of the person, they are also violating the basic tenets of our democracy.

But since our Charter protection laws and access to provincial court challenges are non-existent in Ontario it is very difficult for individuals to launch such a challenge, obtain legal help for civil matters or even have equal benefit and protection under the law by some of the provincial institutions that are legislated to enforce the laws to protect the public.

That public also includes persons under enumerated grounds under the Charter for example those of a certain religion, race or disability.

In some cases, measures to get into a court of law are difficult if not existent. Since these are denied for many people in the province of Ontario - mostly those who are impoverished due to constant discrimination under enumerated grounds.

To provide evidence to a court of competent jurisdiction and to file a Charter challenge in Ontario it may be to the point of necessity that includes posting names on a blog in order to stimulate a court action. Much evidence is posted or link on HR but much isn't due to the nature of the evidence.

Is it worth the price of democracy?

I guess we will see.