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Religion & Law

: Constitutionally Correct

Canada: ?Defining hate in extreme times?

By ADF Alliance Alert

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National Post: "'Bans on hate speech in human rights law are often justified in part because they can be overturned by fully fledged courts of law, where the rules are more strict. But that oversight is becoming problematic as judges grapple with Canada's legal test for hatred, famously defined by the Supreme Court as "unusually strong and deep-felt emotions of detestation, calumny and vilification."You can sooner grasp steam in your hands, or nail Jello to a wall, than know with certainty what this bar for hatred is,' said John Carpay of the Canadian Constitution Foundation, who argued as an intervenor in two recent hate speech cases. 'Our argument is that provinces do not have the right, the constitutional authority, to restrict speech,' he said."

Full post as published by Constitutionally Correct on April 13, 2010 (boomark / email).

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