Home
/
RELIGION & LIBERTY ONLINE
/
When Free Speech Died in Canada
When Free Speech Died in Canada
Jan 5, 2026 4:03 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
Big Gains for the Union Liberation Movement
The Michigan legislature passed right-to-work legislation today, a landmark event that promises to accelerate the state’s rebound from the near-collapse it suffered in the deep recession of 2008. The bills are now headed to Gov. Rick Snyder’s desk. The right-to-work passage was a stunning reversal for unions in a very blue state — the home of the United Auto Workers. Following setbacks for organized labor in Wisconsin last year, the unions next turned to Michigan in an attempt to enshrine...
The Separation of Union and State
Solidarity designed by Thibault Geoffroy, from The Noun Project When I moved to west Michigan, one of the things that struck me the most were distinct cultural differences between the different sides of the state. While I was pursuing a master’s degree at Calvin Theological Seminary, I worked for a while in the receiving department at Bissell, Inc. I remember being surprised, nay, shocked, that a manufacturer like Bissell was not a union shop. (All those jobs are somewhere else...
Rev. Sirico on the Hugh Hewitt Show
Rev. Sirico will be on the Hugh Hewitt Show today at 8:20pm EST to discuss his book, Defending the Free Market. Listen to the show on your local Salem station or live online here. ...
The ‘High Tide of American Conservatism’ and Where We are Today
Given all the reassessment going on today about conservatism and its popularity and viability for governing, I mend picking up a copy of The High Tide of American Conservatism: Davis, Coolidge, and the 1924 Election by Garland Tucker, III. The author is Chief Executive Officer of Triangle Capital Corporation in Raleigh, N.C. Over the years, I’ve highlighted how Coolidge’s ideas relate to Acton’s thought and mission. And while I’ve read and written a lot about Coolidge, I knew next to...
Video: Novak Award Winner Says Religion Inspires Hope, Creativity in Crisis
Prof. Giovanni Patriarca, recipient of the Acton Institute’s 2012 Novak Award given recently in Rome at the Pontifical University of St. Thomas Aquinas, was interviewed by RomeReports Television News Agency in a video released Friday. Articulating the main points of his lecture “Against Apathy: Reconstruction of a Cultural Identity,” Patriarca told RomeReports that Western democratic society is abandoning its traditional values and, therefore, its very culture of responsible freedom and creativity. He placed part of the blame of the West’s...
‘Liberating Labor’ and Right-to-Work
The Michigan legislature’s historic vote today on the right-to-work issue raises the important question: Do labor unions offer the best protection for the worker? Liberating Labor: A Christian Economist’s Case for Voluntary Unionism by Charles W. Baird answers that question and explains the Catholic social teaching on the issue. In theory, unions foster good relations between employers and workers and prevent mistreatment or exploitation in the workplace. Pope Leo XIII sanctioned trade unions in Rerum Novarum during the Industrial Revolution;...
‘Jesus Had An Economic Plan’: Was it Redistribution?
Susan Brooks Thistlethwaite, professor of theology at Chicago Theological Seminary believes that Jesus had an economic plan. She’s written a book, #Occupy the Bible: What Jesus Really Said (and Did) About Money and Power, and claims that Jesus came to reverse economic inequality. When Jesus announced his ministry as “good news to the poor” and to “proclaim the Year of the Lord’s favor” (Luke 4: 18-19), he meant that he wanted his society to have a year when economic inequality...
Economic Freedom: Vital for All
On Nov. 28, the Canada-based Fraser Institute released the eighth edition of its annual report, Economic Freedom of North America 2012, in which the respective economic situation and government regulatory factors present in the states and provinces of North America were gauged. Global studies of economic freedom, such as the Heritage Foundation’s 2012 Index of Economic Freedom and the Fraser Institute’s Economic Freedom of the World 2012, rank the United States and Canada as two of the most economically free...
Mennonite-owned Company Joins in HHS Fight
Conestoga Wood Specialties of Pennsylvania, with 950 employees, has filed suit against the government’s HHS mandate. The Mennonites, who trace their religious roots to the 16th century, have about one million members worldwide. Mennonites understand that life begins at conception, and the owners of Conestoga Wood Specialties do not want to be forced ply with a mandate that conflicts with their faith. According to the Philadelphia Inquirer: “Because of that provision in the policy, because our clients are paying for...
Magnanimity and Humility Make for Good Entrepreneurs
Alexandre Havard leading a recent “Virtuous Leadership” seminar with CEOs and entrepreneurs in Latvia, one of the most industrialized and wealthy republics of the former Soviet Union The Acton Institute’s Rome office led its recent Campus Martius Seminarwith Alexandre Havard, the Russian-French author of Virtuous Leadership(2007), Created for Greatness: The Power of Magnanimity(2011)and founder of the Moscow- and Washington, D.C.-based Harvard Virtuous Leadership Institute. Havard, speaking with Zenit’s Ed Pentin in an article following the seminar, said that during today’s...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved