Monday, May 31, 2010

'Your honour, I'm the CROWN Attorney and I appear for God'

Since 1892, Canada has had a statute prohibiting the publication of a blasphemous libel. Blasphemy is not a trivial offence; under section 296(1) of the Criminal Code blasphemous libel is punishable by up to two years in prison. Public incitement of hatred and the willful promotion of hatred bear the same punishment.

Read more: http://www.nationalpost.com/story.html?id=3091087#ixzz0pWOB2asg

4 comments:

The Mound of Sound said...

Jumpin' Jeebus, say it ain't so.

KC said...

Wow couldn't agree with you less that the constitutional validity of the blasphemous libel provisions is uncertain. No court in its right mind would uphold that nonsense. The "supremacy of god" part of the constitution is a dead letter, and blasphemous libel would never survive Oakes. Heck a prosection under that section would almost be enough for me to venture into the field of criminal law.

James C Morton said...

KC, I would hope you are right but am far from certain you are -- in fact, i disagree -- of course, I've never been wrong before now have i!!!

KC said...

I can't see how it would pass. With respect the only real arguments you offer are that 1) restrictions against hate speech were upheld and 2) the court has referred to the prohibition against blasphemous libel.

What is the pressing and substantial objective? Remember that the court has struck down provisions that infringe free expression in the past--spreading false news, the Ross v. NB decision, etc.

What about the freedom of religion of the blasphemers? Blasphemy doesn't just engage freedom of expression it engages freedom of religion as well.

Also remember that even the hate speech provisions were narrowly upheld. Both Keegstra (CCC hate provisions) and Taylor (HRC hate provisionsw were 4-3 decisions and I'm not sure that they would be decided the same way today. This is the McLachlin court, not the Dickson court when these decisions were handed down.

I look at the composition of this court and ask myself who would actually uphold this law? McLachlin? No way. Binnie? Cromwell? Rothstein? Abella? I can't see who.

We're far too liberal a country for this law to be upheld. Regardless of what side you're on there is a real debate over hate speech in this country. Very few would support blasphemy laws.