I have to assume that the headline captures the mentality of the people who call for more “hate speech” legislation, because the real world evidence clearly fails to support the notion. Many well-meaning people want the government to have the power to suppress speech they don’t like, never thinking that a different government could use the same laws to quash opinions they support. In the National Post, Chris Selley argues that the last way to achieve reconciliation with First Nations would be to ban “residential school denial”:
Two years ago, I ruefully predicted that Canada’s new law purporting to outlaw Holocaust denial would likely lead to a law purporting to outlaw “denying” the impact of the residential school system. That hasn’t happened yet, but we are well on our way.
The Liberals recently announced plans to table legislation that would purportedly outlaw displaying the Nazi or Hamas flags or symbols of other hate movements, and that has only intensified calls for that law outlawing “residential school denialism”, or indeed denying Canada’s “genocide” against Indigenous peoples.
“What is the difference between Holocaust Denialism and Residential School Denialism? I suggest there is no difference at all,” author Michelle Good wrote in the Toronto Star Tuesday on the occasion of the National Day for Truth and Reconciliation. “The inclusion of Holocaust Denialism in the criminal code is obviously to prevent the denial of the Jewish genocide of World War II. Therefore, after clearly illustrating that the residential school system was genocidal in nature and intent, it is difficult to find any reason whatever that Residential School Denialism should not be criminalized as well.”
I say these two new and proposed new laws would “purportedly outlaw” atrocity-denialism and hate symbols because they aren’t outright bans on the speech in question. Rather, to fall foul of them, you have to use your argument, flag or symbol to “wilfully promote hatred” against the group in question. It was and is already illegal to wilfully promote hatred against a religious or ethnic group — albeit with some huge caveats, more on which in a moment.
At some point in the future, should the Liberals remain in power — and perhaps even if they don’t — the government is likely to knuckle under to the calls for censorship of certain residential-school opinions. It’s just not worth the political blowback to object, or so one can imagine a backroom strategist reasoning. They would probably introduce the new law just in time for the National Day for Truth and Reconciliation. If police are willing to enforce these laws, there’s little reason to believe Crown prosecutors would be interested in pursuing the cases. That, in turn, would only frustrate the people who see value in this censorship, and would likely lead to ever-stronger laws … that themselves likely wouldn’t be enforced.
This is not good lawmaking, and it’s a chilling argument when the simple act of pointing out how many bodies have actually been discovered on former residential school sites is widely considered a form of “denialism”.
