Canadian Charter of Rights and Freedoms

[Jim]

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

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

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

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

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.

[Weldangrind]

Funny, TurboT and I were just discussing the Charter of Rights and Freedoms yesterday. It has an overwhelming theme of moving forward for the good of the group, while respecting individual rights.

As such, I believe that your research concludes that blasphemy against God would not be tolerated any more than a Christian / Jew / Catholic / Muslim / whatever could tell an atheist that he's wrong for not having any faith. It would appear to work both ways.

I defend anybody's right to speak about what they believe (or don't believe), as long as respect is maintained. We can all get along if we try.

[Reveeen]

At the end of the day, I *think*, there are very few of us who don't believe in "something".

I consider the things I believe in to be private, and personal, typically something not to be discussed. You will hear no "religious talk" from me.

[Jim]

@W&G, it is an old law and out dated I'm sure, but it does not work both ways. The city bylaw isn't old though and I'm not sure it doesn't violate the charter.

Penn Jillette (of Penn & Teller) had a video where he is discussing some religious matters. He is an atheist, and he mentions after a show he did how someone came up to him and tried to convince him of their religion (sorry I may not be putting this in the best words), and how he appreciated that it showed how much that person cared, that he wanted to save his soul even though he was a stranger. Not that he was offended, not convinced, but appreciated the way the stranger was trying to save him. Again, I am not putting this in the best words.

Anyways I wasn't trying to suggest that someone should go out and "use blasphemous language", or that a religious man should preach to an atheist, only that these seem like things that shouldn't be illegal.

[Weldangrind]

Jim, Penn Jillette was on the receiving end of "The Great Commission" (I recommend that you do a search on that ). BTW, your explanation was just fine. You're obviously respectful of the beliefs of others.

Reveeen, your point is well taken. I choose not to impose my particular belief system on anybody, but I'm happy to try and answer questions to the best of my ability, should they come up (in a PM of course :wink: ).