Home
/
RELIGION & LIBERTY ONLINE
/
When Free Speech Died in Canada
When Free Speech Died in Canada
Jan 5, 2026 5:14 AM

When future historians attempt to narrow down the exact point at which the concept of free speech died in Canada, they’ll likely point to Saskatchewan (Human Rights Commission) v. Whatcott, specifically this sentence:

Truthful statements can be presented in a manner that would meet the definition of hate speech, and not all truthful statements must be free from restriction.

Jesus might have claimed that “the truth will set you free” but in Canada speaking the same truths proclaimed in God’s Word could potentially land you in jail.

“The ruling and the reasoning [behind it] is terrible,” defendant Bill Whatcott told . “They actually used the concept that truth is not a defense.”

The court ruled that making claims which could be construed as “detesting or vilifying” homosexual behavior is enough to classify speech as “hate speech”:

Courts have recognized a strong connection between sexual orientation and sexual conduct and where the conduct targeted by speech is a crucial aspect of the identity of a vulnerable group, attacks on this conduct stand as proxy for attacks on the group itself. If expression targeting certain sexual behaviour is framed in such a way as to expose persons of an identifiable sexual orientation to what is objectively viewed as detestation and vilification, it cannot be said that such speech only targets the behaviour. It quite clearly targets the vulnerable group.

The ruling also states that suppression of “hate speech”—such as claiming that homosexual behavior is immoral—is so important that it justifies infringing on religious freedom and provides a basis for a “reasonable limit on freedom of religion and is demonstrably justified in a free and democratic society.”

This standard is then used to justify a draconian standard of censorship:

If, despite the context of the entire publication, even one phrase or sentence is found to bring the publication, as a whole, in contravention of the Code, this precludes its publication in its current form.

The court used the preceding standard to scrutinize flyers that Mr. Whatcott distributed in 2001 and 2002. The language Whatcott uses is admittedly harsh and uncivil, but it does not rise to any reasonable standard of “hate speech.” In fact, the Court even considered whether a quotation of Matthew 18:6 can be characterized as “hate speech.” The court determined that it was not and added:

While use of the Bible as a credible authority for a hateful proposition has been considered a hallmark of hatred, it would only be unusual circumstances and context that could transform a simple reading or publication of a religion’s holy text into what could objectively be viewed as hate speech.

This is, of course, utter nonsense. By the court’s own ruling the presence of Leviticus 18:22 (“Do not have sexual relations with a man as one does with a woman; that is detestable.”) would warrant classifying the Bible as a hate speech document. The court clearly states that,

If expression targeting certain sexual behaviour is framed in such a way as to expose persons of an identifiable sexual orientation to what is objectively viewed as detestation and vilification, it cannot be said that such speech only targets the behaviour. It quite clearly targets the vulnerable group. [emphasis added]

If criticism of homosexual behavior is construed as criticism of homosexuals then a “simple reading” of the Lev. 18 and context clearly shows that the passage “could objectively be viewed as hate speech.”

Not surprisingly, many religious groups find the ruling and its implications disconcerting. According to LifeSiteNews, the Catholic Civil Rights League is concerned over the court’s equating homosexual activity with homosexual persons such that it turns criticism of sexual behaviour into “hate-speech” of an identifiable minority.

“A key teaching of Christianity is to hate the sin, but love the sinner,” said CCRL president Phil Horgan, pointing out that as a society, “we incarcerate convicted persons for their crimes, not out of hate for the individual.”

“But with Whatcott, the SCC has stated that criticism of behaviour(s) can be treated as potentially hateful speech against the minority. Will criticism of activities at gay pride parades be treated similarly? Will criticism of certain homosexual sexual activities be now conflated as an example of hate speech of an individual or minority? This conflation of behaviour with the person or group, is a proposition at odds with most religious teachings, and of ing from our highest court.”

Where speech can be punished as “hate” and truth ceases to be a defense, free speech cannot exist. As Donald R. McClarey says, “Canada no longer has freedom of speech. The Supreme Court of Canada killed it.”

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Catholic Health Care Rifts
As rumors of congressional action on health-care reform continue to swirl (it will happen Sunday, maybe?), fissures in the American munity are ing increasingly evident. The rift is highlighted in the current, in some ways unprecedented, public dispute between two important Catholic voices. By size and clout, the principal health-related organization of a Catholic identity is the Catholic Health Association. The official organ of the American Catholic bishops as a collective is the United States Conference of Catholic Bishops. Although...
The Perils of Obedience
On his blog, Marginal Revolution, Tyler Cowan links to an article about game show, The Game Of Death, that was recently broadcast on French television. According to the article (“Torture ‘Game Show’ Draws Nazi Comparison“) the program, “had all the trappings of a traditional television quiz show, with a roaring crowd and a glamorous and well-known hostess.” For all that it appeared to be a typical game show, what “contestants . . . did not realise [was that] they were...
Melanchthon on the Gospel’s Social Implications
The hugely influential reformer Philip Melanchthon (1497-1560) writes in mentary on Romans 13: Meanwhile, the Gospel teaches the godly properly about spiritual and eternal life in order that eternal life may be begun in their hearts. In public it wants our bodies to be engaged in this civil society and to make sure of mon bonds of this society with decisions about properties, contracts, laws, judgments, magistrates, and other things. These external matters do not hinder the knowledge of God...
Love Glenn Beck as you would love yourself
Acton es new blogger — and long time friend — Rudy Carrasco to the PowerBlog. He also writes at Urban Onramps. Don’t miss Rudy at Acton on Tap on March 31 (6 p.m. at Derby Station, East Grand Rapids, Mich.) — Editors +++++++++ I haven’t seen the video of Glenn Beck’s call to “run away” from churches that teach social justice. Nor have I read much on the responses by the many – see the Sojo God’s Politics blog for...
Read My Lips
“…we are setting an ambitious goal: all students should graduate from high school prepared for college and a career – no matter who you are or where e from.” – Barack Obama, Saturday Radio Address. A few years ago I asked a friend and business owner why he put value on a college diploma when talking with entry level talent who had majored in subjects incredibly tangential to his job descriptions. He answered, “Well, it shows they can finish something.”...
“Out of The City of Nazareth…”
If you listen to the radio, you’ve probably noticed mercials promoting the U.S. Census. Where I live, stations are intermittently mercials for the 2010 Census almost every time I’ve turned the dial. One of mercial messages contains a story about crowded buses and the need for folks munities plete the census so they get more money from the federal government and can buy more buses. Huh? The advertising budget just to promote this enterprise was initially publicized at $350 million....
What Griffiths Said
In this week’s Acton Commentary I expand on a minor meme floating around the web towards the end of last year that criticized the purported claim made by Lord Brian Griffiths, a Goldman Sachs advisor and vice chairman: “The injunction of Jesus to love others as ourselves is an endorsement of self-interest.” I do a couple of things in this piece. First, I show that Griffith’s claim was rather different than that reported by various news outlets. Second, I place...
What do you mean by ‘social justice’?
On NRO, John Leo points out how Glenn Beck missed the mark in his recent criticism of “social justice” churches (the reductio ad Hitlerum fallacy, again). But Beck is on to something, Leo says: When Glenn Beck urged Christians to leave churches that preach social justice, he allowed himself to be tripped up by conventional buzzwords of the campus Left. In plain English, “social justice” is a goal of all churches and refers to helping the poor and seeking equality....
NIV Stewardship Study Bible: ‘A remarkable resource…’
Rev. Jerry Hoffman, Director of the Center for Stewardship Leaders at Luther Seminary, reviews the NIV Stewardship Study Bible. “What I found was a remarkable resource that leads one to see how strong the stewardship thread exists throughout scripture…. I anticipate using this resource in my writing, preaching and teaching,” he says. To keep abreast of the different resources available on stewardship, e of a fan of the NIV Stewardship Study Bible on Facebook and follow the Twitter feed @Oikonomeo,...
Poll: Thumbs down on the Sin Tax
From “56% Oppose ‘Sin Taxes’ on Junk Food and Soft Drinks” on Rasmussen Reports: Several cities and states, faced with big budget problems, are considering so-called “sin taxes” on things like junk food and soft drinks. But just 33% of Americans think these sin taxes are a good idea. A new Rasmussen Reports national telephone survey shows that 56% oppose sin taxes on sodas and junk food. Twelve percent (12%) are undecided. Many of the politicians who are pushing these...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved