Free speech triumphs as anti-gay letter ruled legal - Latest News Roundup
Friday, December 4, 2009

Free speech triumphs as anti-gay letter ruled legal

An anti-gay letter published in a Red Deer newspaper does not violate Alberta's human rights code, the province's Court of Queen's Bench ruled yesterday.

In 2002, the Red Deer Advocate published a letter by former pastor Stephen Boissoin, titled "Homosexual Agenda Wicked." It's a nonsensical rant against gay rights — read it here in full.

In response, a well-meaning University of Calgary professor, Darren Lund, filed a complaint with the Alberta Human Rights Commission (AHRC). In 2007, the AHRC ruled that Boissoin's letter would expose gays to hatred and ordered Boissoin to pay $5,000 in damages. The AHRC also ordered Boissoin desist making "disparaging remarks" about gays.

Yesterday's court decision overturned the AHRC's 2007 ruling.

"That the language [of Boissoin's letter] may be jarring, offensive, bewildering, puerile, nonsensical and insulting may be of little doubt," wrote Justice Earl Wilson in yesterday's ruling. "But the language does not go so far as to fall within the prohibited status of 'hate' or 'contempt.' "

Justice Wilson also took aim at the AHRC's suggestion that Boissoin's letter would incite hatred against gays. In 2007, the AHRC cited the "militaristic tone" of Boissoin's letter, in which he states, "My banner has been raised and war has been declared." The AHRC also suggested there was a link between the letter's publication and an attack on an Alberta gay teen two weeks later. 

"A fair reading of the letter reveals that the author's language choice was for metaphorical purposes," wrote Justice Wilson. "With respect, no one could reasonably read the letter as an actual call to arms.' "

Civil libertarians hail yesterday's ruling as a victory for free speech.

Gays also stand to benefit from yesterday's court decision. As we continue to face censorship — whether it be at the Canadian border or on major TV networks — it's in our interest to promote free speech and expression. Censoring homophobes is an easy way to shut them up, but it does little to address the outrageousness of their arguments. Speech should be fought with speech.

In 2005, queer lobby group Egale argued that open debate, rather than censorship, is the best way to address homophobia. "We believe that sunshine is the best disinfectant," said then-Egale executive director Gilles Marchildon. 

Xtra's publisher Pink Triangle Press also opposed Lund's case in editorials. From a 2007 opinion piece by columnist Brenda Cossman:

"Boissoin's views are appalling but censoring them isn't the answer. Holding them up to the light of day is admittedly more time consuming, but in the long run, much more effective. And who said that democracy wasn't supposed to be exhausting."

Read the entire ruling here (PDF)  

Read Stephen Boissoin's 2002 letter in full - "Homosexual Agenda Wicked"

Read more on Xtra.ca:


Bookmark and Share


Comments

Friday, December 4, 2009 7:37 PM

Good. Some thoughts on this case (I sure wish Xtra.ca permitted me to format my comment as I see fit, like almost every other website) (1) Legally defining hate is a bad thing because officially this hateful material is not "hate", and by being victorious, artificially elevates it to a status of respectable speech. (2) The justices seem to think a lot of people understand "metaphor". Do they own televisions? (3) A victory for free speech is always a good thing because it further restricts government intrusion. (4) At least everyone now knows what scum Boissoin is, and that might not have happened without the case. It's helpful to remind our supporters that these people still exist.

Randy ca


Monday, December 7, 2009 5:02 PM

It IS hate when you write that homosexuals are recruiting children, spreading disease, and are pedophiles.

Jason ca


Wednesday, December 9, 2009 12:02 PM

What the hell is hate-full about truth, I want to know?

Ms. Kay ca



Comments are closed

Powered by BlogEngine.NET 1.4.0.0

The Roundup

Xtra.ca's Roundup
blog is your source
for news and
analysis that has
queer people
talking.

The Roundup is
written by Xtra's
staff reporters:

Andrea Houston
andrea.houston@xtra.ca

Natasha Barsotti
natasha.barsotti@xtra.ca

 


Log in
Feed Subscribe