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Old 01-24-2010, 08:33 AM   #1
Jim   Jim is offline
 
Join Date: Mar 2007
Location: Abbotsford, BC, Canada
Posts: 4,880
Canadian Charter of Rights and Freedoms

I was looking some stuff up regarding freedom of speech and browsing through the Charter of rights and freedoms when I noticed the following...

Quote:
Democratic rights of citizens

3. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.
Wouldn't that imply that ANY Canadian citizen can vote, including minors for example?

I'm actually a little hazy on the extents of freedom of speech too... I assume it is covered under the freedom of expression section?

The reason I was curious is, after reading in the big brother topic, I remembered a municipal bylaw here in Abbotsford that says you aren't allowed to make blasphemous statements (or curse, or spit, etc, etc, etc) and was wondering if such a bylaw was actually constitutionally legal in Canada.

According to the Abbotsford Good Neighbor Bylaw
Quote:
No Person shall:
(f) swear or use indecent, obscene, blasphemous or grossly insulting language on or about a Highway or Other Public Place;
According to the Charter
Quote:
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
Some more information I found on the matter
Quote:
The Criminal Code of Canada lists blasphemous libel as a crime; but the Code's provision contravenes provisions in the superseding Canadian Charter of Rights and Freedoms.[3]
The Crown last prosecuted a charge of blasphemous libel in R. v. Rahard (1935). In that case, the court adopted an argument that prosecutor E. J. Murphy had proffered in the case of R. v. Sperry (unreported) 1926. Mr. Murphy put the issue this way:
The question is, is the language used calculated and intended to insult the feelings of and the deepest religious convictions of the great majority of the persons amongst whom we live? If so, they are not to be tolerated any more than any other nuisance is tolerated. We must not do things that are outrages to the general feeling of propriety among the persons amongst whom we live.[4]
In Rahard, the Court found the Rev. Victor Rahard of the Anglican Church guilty of blasphemous libel for his aspersions upon the Roman Catholic Church.[5]
Because blasphemy appears to be an obsolete crime in Canada, Canadians complain instead of hate speech. The Criminal Code of Canada prohibits hate speech that targets an "identifiable group", which includes a religious group. Canada's provinces and territories have human rights commissions or tribunals which can award compensation in matters of hate speech.
So it looks to me like if you are an atheist in Canada, you would be wise to keep your mouth shut...? Note, this topic isn't about attempting trying to change someones beliefs, only about whether or not someone who doesn't believe in god has the right to say it in Canada, the same was a person who does believe is allowed to speak about their beliefs.
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