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Are Hate Speech Provisions Anti-Democratic?: an International Perspective Robin Edger
American University International Law Review Volume 26 | Issue 1 Article 6 2010 Are Hate Speech Provisions Anti-democratic?: An International Perspective Robin Edger Follow this and additional works at: http://digitalcommons.wcl.american.edu/auilr Part of the Human Rights Law Commons, and the International Law Commons Recommended Citation Edger, Robin. "Are Hate Speech Provisions Anti-democratic?: An International Perspective." American University International Law Review 26 no. 1 (2010): 119-155. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University International Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. ARE HATE SPEECH PROVISIONS ANTI- DEMOCRATIC?: AN INTERNATIONAL PERSPECTIVE ROBIN EDGER* INTRODUCTION ........................................................................... 119 I. INTERNATIONAL COVENANTS TO WHICH CANADA IS A PARTY .............................................................................. 126 A. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS .............. 126 B. INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS ................................................................................. 130 C. CONVENTION ON THE ELIMINATION OF DISCRIMINATION ...... 134 1. Due Regard Clause ......................................................... -
209E7a36e95cfc54395aebf73c1
\\server05\productn\G\GHS\5-1\GHS103.txt unknown Seq: 1 17-MAY-07 7:54 Where Do Universal Human Rights Begin? The following talk was given by George Critchlow on April 25, 2006 at Temple Beth Shalom in Spokane, Washington in honor of Yom Hashoah, the annual remembrance of the Holocaust. Critchlow, an associate pro- fessor at Gonzaga University School of Law and a founder and former director of the Gonzaga Institute for Action Against Hate, was selected by the congregation to represent the “righteous gentile.” Professor Critchlow would like to acknowledge the helpful ideas and background information presented at the Amnesty International USA Lawyers’ Conference at the University of Washington School of Law on February 17-18, 2006. In particular, he was inspired by John Shattuck’s presentation titled “The Legacy of Nuremberg: Confronting Genocide and Terrorism Through the Rule of Law.” I have enormous respect for Temple Beth Shalom, what it stands for, its congregation, and those individuals whom I have come to know and count as friends. I am deeply honored and privileged to be invited to speak to you on this Day of Remembrance–especially in light of the occasion to recognize the 60 years that have now passed since the establishment of a new rule of law and accountability regarding war crimes and crimes against humanity at the Nuremberg Military Tribunal in 1946. I have a poster hanging in my office that frequently catches my eye and reminds me to connect my heart with my head. It is a picture of a small child of uncertain ethnicity, running happily, arms out, into the smiling face and open arms of his mother. -
“A Matter of Deep Personal Conscience”: the Canadian Death-Penalty Debate, 1957-1976
“A Matter of Deep Personal Conscience”: The Canadian Death-Penalty Debate, 1957-1976 by Joel Kropf, B.A. (Hons.) A thesis submitted to the Faculty of Graduate Studies and Research in partial fulfilment of the requirements for the degree of Master of Arts Department of History Carleton University Ottawa, Ontario July 31,2007 © 2007 Joel Kropf Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Library and Bibliotheque et Archives Canada Archives Canada Published Heritage Direction du Branch Patrimoine de I'edition 395 Wellington Street 395, rue Wellington Ottawa ON K1A 0N4 Ottawa ON K1A 0N4 Canada Canada Your file Votre reference ISBN: 978-0-494-33745-5 Our file Notre reference ISBN: 978-0-494-33745-5 NOTICE: AVIS: The author has granted a non L'auteur a accorde une licence non exclusive exclusive license allowing Library permettant a la Bibliotheque et Archives and Archives Canada to reproduce,Canada de reproduire, publier, archiver, publish, archive, preserve, conserve,sauvegarder, conserver, transmettre au public communicate to the public by par telecommunication ou par I'lnternet, preter, telecommunication or on the Internet,distribuer et vendre des theses partout dans loan, distribute and sell theses le monde, a des fins commerciales ou autres, worldwide, for commercial or non sur support microforme, papier, electronique commercial purposes, in microform,et/ou autres formats. paper, electronic and/or any other formats. The author retains copyright L'auteur conserve la propriete du droit d'auteur ownership and moral rights in et des droits moraux qui protege cette these. this thesis. Neither the thesis Ni la these ni des extraits substantiels de nor substantial extracts from it celle-ci ne doivent etre imprimes ou autrement may be printed or otherwise reproduits sans son autorisation. -
Hate Crimes and Hate Group Activity in Canada
HATE CRIMES AND HATE GROUP ACTIVITY IN CANADA Mark Sandler* When I arrived in Fredericton, I expected to be asked questions such as “just how bad is hate group activity in Canada?”, and “how does freedom of speech limit the application of the criminal law to hate propaganda?” Instead, the first question I was met with was “what do you think of Professor Yaqzan and his comments about the male-female relationship?” Though I had not intended to address Professor Yaqzan, my combative nature and my strongly held views compel me to weave some comments about him, in some subtle way, into my presentation. I will attempt, here, to persuade you of three things. First, few appreciate the prevalence of hate group activity in Canada. Second, the criminal law is the most appropriate vehicle to combat that hate group activity in Canada. Third, freedom of speech does not prevent a democracy from dealing with the wilful promotion of hatred and racially motivated crimes. Whereas legitimate defenders of freedom of speech raise legitimate concerns about inhibiting this basic freedom, freedom of speech is also being used by the racists in our midst to disguise the true nature of their activity, and to seek immunity for hate propaganda that undermines the very fabric of our society. On 1 July 1990,1 had the misfortune of witnessing a Neo-Nazi rally held in Metcalfe, Ontario, near the nation’s capital. One hundred to two hundred and fifty Neo-Nazi “skinheads” congregated in a blasphemous celebration of Canada Day. Racists came together from Toronto, Montréal, Hamilton, Eastern and Western Canada, the United States, England and elsewhere. -
A Thesis Presented to by December, 1997
DIGITAL FREEDOM: THE CANADIAN RIGHT WING ON THE INTERNET A Thesis Presented to The Faculty of Graduate Studies The University of Guelph by SEAN P. HIER In partial fulfillment of revirements for the degree of Master of Arts December, 1997 @ Sean Hier, 1997 NationaI Library Bibliothique nationale 1*1 of Canada du Canada Acquisitions and Acquisitions et Bibliographie Services services bibliographiques 395 Wellington Street 395. nie Wellington Ottawa ON K1A ON4 Ottawa ON KIA ON4 Canada Canada The author has granted a non- L'auteur a accordé une licence non exclusive licence ailowing the exclusive permettant à la National Library of Canada to Bibliothèque nationale du Canada de reproduce, loan, distribute or sell reproduire, prêter, distribuer ou copies of this thesis in microform, vendre des copies de cette thèse sous paper or electronic formats. la forme de microfiche/film, de reproduction sur papier ou sur format électronique. The author retauis ownership of the L'auteur conserve la propriété du copyright in this thesis. Neither the droit d'auteur qui protège cette thèse. thesis nor substantial extracts f?om it Ni la thèse ni des extraits substantiels may be printed or otherwise de celle-ci ne doivent être imprimés reproduced without the author's ou autrement reproduits sans son permission. autorisation. ABSTRACT DIGITAL FREEDOM: THE CANADIAN RIGHT WING ON THE INTERNET Sean P. Hier Advisor: University of Guelph, 1997 Professor Stanley Barrett This thesis is an investigation of the Canadian right wing, with a particular focus on how right wing groups are utilizing the internet for advertising and recruitment. An investigation of the Freedom-Site, a Web site based in Toronto, was undertaken over a period of approximately four months. -
The Title for This Paper Comes from a Story That David Rome Tells As Part
ICJS WORKING PAPER Sharon Gubbay Helfer 2012-08-27 Rome Among the Bishops: a reflection on David Rome and his contributions to dialogue1 INTRODUCTION Born in Vilnius, Lithuania, in 1910, David Rome arrived with his parents in Vancouver, Canada, at the age of 11. He settled in Montréal in the late 1930s. In 1942 he was hired as press officer by the Canadian Jewish Congress (CJC). From 1953 to 1972, he was Director of the Jewish Public Library; thereafter he served as archivist at the CJC. David Rome died Montréal in 1996. Rome was designated Chevalier de l’Ordre national du Québec, the Quebec government’s highest honour, in 1987. In 1991 the Quebec ministry of immigration and cultural communities awarded him their Prix d’excellence and in the same year he received a doctorate honoris causa from Montreal’s Concordia University. Historians of Quebec Jewry including Pierre Anctil, Ira Robinson and others, continue to refer to Rome as an inspiration for their work.2 And yet, with the exception of one excellent, short article by Robinson that focuses on Rome as historian of Canadian Jewish life, next to nothing has been published about him.3 One possible explanation for the paucity of published work on David Rome may be that he is not someone easily categorized. As well, as I argue here, an important part of his impact was felt behind the scenes, in private, through person-to-person dialogue. The material that I present in this article is based on my reading of a part of the voluminous material on Rome preserved at the Canadian Jewish Congress Charities Committee (CJCCC ) archives and at the archives of the Jewish Public Library of Montreal, as well as on archival material at the BAnQ, Centres d’archives de Québec, having to do with Quebec’s first Arts Council. -
Fascism and Settler Colonialism in Canada
Fascism and Settler Colonialism in Canada by Dallas Jokic A thesis submitted to the Department of Philosophy In conformity with the requirements for the degree of Master of Arts Queen’s University Kingston, Ontario, Canada September 2019 Copyright © Dallas Jokic, 2019 Abstract This thesis aims to map out the relationship between fascism and settler colonialism in Canada. In the first chapter, I go through a number of theories of fascism, including by contemporary historians and 20th century Marxists. I draw on the work of Deleuze and Guattari and their distinction between molar and molecular (or micro) fascism. In the context in a country like Canada, in which fascism has not taken on a molar form on the state level, I argue that we need an account of fascism that is sensitive to its molecular expressions. I highlight three tendencies of fascism that we should keep an eye on if we are concerned about its emergence. In the second chapter, I explore the role of the settler state in cultivating and producing microfascist affects, feelings, and beliefs. I examine the deputization of settlers by the Canadian state in order to expand and protect territory and the way this cultivates racist affect and encourages (often fatal) acts of violence. Finally, I consider the way whiteness in Canada becomes a territorializing force, and sketch out a model of private property I call settler whitespace. In the third chapter, I consider the fascist rhetoric around “the great replacement” and “white genocide” in relation to the structure of settler colonialism. I consider the logic of replacement in Canada as not just a territorial project, but one that also creates a racially exclusionary idea of Canadian nationalism. -
Reasons for Decision
http://www.nizkor.org/hweb/people/z/zundel-ernst/chrc/judgment.html Canadian Human Rights Tribunal Tribunal canadien des droits de la personne Reasons For Decision BETWEEN: SABINA CITRON Complainants - and - CANADIAN HUMAN RIGHTS COMMISSION Commission - and - ERNST ZÜNDEL Respondent - and - LEAGUE FOR HUMAN RIGHTS OF B'NAI BRITH CANADA CANADIAN HOLOCAUST REMEMBRANCE ASSOCIATION SIMON WIESENTHAL CENTRE CANADIAN JEWISH CONGRESS CANADIAN ASSOCIATION FOR FREE EXPRESSION INC. Interested Parties REASONS FOR DECISION T.D. 1/02 2002/01/18 PANEL: Claude Pensa, Chairperson Reva Devins, Member TABLE OF CONTENTS I. THE COMPLAINTS II. PROCEDURAL BACKGROUND III. ISSUES IV. LEGISLATION V. DID THE RESPONDENT, ERNST ZÜNDEL, CONTROL THE ZUNDELSITE? A Background B. The Zundelsite Documents C. Irene Zündel Evidence D. Analysis E. Finding VI. WAS THE MATERIAL ON THE ZUNDELSITE COMMUNICATED TELEPHONICALLY, REPEATEDLY, IN WHOLE OR IN PART BY MEANS OF THE FACILITIES OF A TELECOMMUNICATION UNDERTAKING WITHIN THE LEGISLATIVE AUTHORITY OF PARLIAMENT? 1. Was the Material Communicated Telephonically A. Expert Evidence: Ian Angus and Bernard Klatt (i) Global Telecommunication (ii) The Internet (iii) The World Wide Web B. Analysis: Is Material Transmitted Via the Internet Communicated Telephonically (i) Statutory Interpretation: Human Rights Legislation to be Interpreted Purposively. (ii) Interpreting s. 13 in Light of the Harm Addressed (iii) The Internet Operates Over the Telephone Network (iv) Telephonic Communication Not Restricted to Voice Communication (v) Expert Evidence and Dictionary Definitions 2. Is the Zundelsite Communicated in Whole or in Part by Means of the Facilities of a Telecommunication Undertaking Within the Legislative Authority of Parliament 3. Was There Repeated Communication 'Caused' by the Respondent 4. -
La Shoah Dans La Littérature Québécoise De Langue Française
La Shoah dans la littérature québécoise de langue française par Christine POIRIER Mémoire soumis à l'Université McGill en vue de l'obtention du grade de Maître ès arts (M.A.) Département de langue et littérature françaises Université McGill Montréal, Québec Août 2004 © Christine Poirier, 2004 Library and Bibliothèque et 1+1 Archives Canada Archives Canada Published Heritage Direction du Branch Patrimoine de l'édition 395 Wellington Street 395, rue Wellington Ottawa ON K1A ON4 Ottawa ON K1A ON4 Canada Canada Your file Votre référence ISBN: 0-494-12757-0 Our file Notre référence ISBN: 0-494-12757-0 NOTICE: AVIS: The author has granted a non L'auteur a accordé une licence non exclusive exclusive license allowing Library permettant à la Bibliothèque et Archives and Archives Canada to reproduce, Canada de reproduire, publier, archiver, publish, archive, preserve, conserve, sauvegarder, conserver, transmettre au public communicate to the public by par télécommunication ou par l'Internet, prêter, telecommunication or on the Internet, distribuer et vendre des thèses partout dans loan, distribute and sell th es es le monde, à des fins commerciales ou autres, worldwide, for commercial or non sur support microforme, papier, électronique commercial purposes, in microform, et/ou autres formats. paper, electronic and/or any other formats. The author retains copyright L'auteur conserve la propriété du droit d'auteur ownership and moral rights in et des droits moraux qui protège cette thèse. this thesis. Neither the thesis Ni la thèse ni des extraits substantiels de nor substantial extracts from it celle-ci ne doivent être imprimés ou autrement may be printed or otherwise reproduits sans son autorisation. -
The Bogey of Fascism in Quebec
THE BOGEY OF FASCISM IN QUEBEC H. F. QUINN JT is a common belief in many sections of Canada and the United States that the Province of Quebec is advancing rapidly along the road to Fascism, and is only awaiting the appearance of a Fuhrer who will set up a totalitarian dictatorship on the banks of the St. Lawrence, dissolve all political parties, crush the labour unions, regiment industry, liquidate all Communists, Socialists and Liberals, and establish a Corporative State, all with the approval if not the actual support of the Roman Catholic hierarchy in the province. From an intimate acquaintance with the political situation in this province, however, I am quite convinced that this belief in the ultimate triumph of Fascism in Quebec is quite unfounded, and is due to a lack of knowledge of the political and economic situation, and a misconception of the role the Catholic Church desires to play in provincial affairs. It is true that the most significant feature of Quebec politics to-day is the re-birth of the spirit of French-Canadian Nationalism, which has appeared at different intervals in the past with varying intensity, and which is characterized by an emphasis upon the strengthening of the bonds of French-Canadian culture, a re sistance to Americanization, and a policy of Quebec for the French-Canadians. This policy, be it noted, does not nec essarily imply Separatism, and secession from the Dominion of Canada, much less the setting up of a Fascist State in Quebec, for it must be remembered that Quebec Nationalism was an important factor in the political life of the Dominion long before Fascism was ever heard of. -
Right-Wing Extremism in Canada
Right Wing Extremism in Canada An Environmental Scan Dr. Barbara Perry University of Ontario Institute of Technology Ryan Scrivens Simon Fraser University Research Funded by Kanishka Project Contribution Program 2 Table of Contents 1. Background 3 1.1 Defining the Right 4 1.2 Analytical Framework 6 1.3 Methodologies 9 2. Right Wing Extremism in Canada 12 2.1 Historical Context 12 2.2 Contemporary Categories of Right Wing Extremism 16 2.3 Distribution of Right Wing Extremist Groups 32 2.4 Nature and Threat of Violence 34 3. Right Wing Extremist Group (Dis)Organization 41 3.1 Endogenous Facilitating Factors 41 3.2 Endogenous Inhibiting Factors 53 4. A Climate for Hate? 62 4.1 Exogenous Facilitating Factors 62 4.2 Exogenous Inhibiting Factors 74 5. The Next Steps 82 5.1 Diverting people from getting involved 83 5.2 Responding to hate speech and incitement 84 5.3 Managing threats to public order 87 5.4 Ending violent behaviour and fragmenting movements 88 5.5 Supporting and empowering victims 89 5.6 Raising awareness of the problem 92 5.7 Pushing public agencies to act 94 5.8 Conclusion: Creating safe and inclusive communities 96 References 98 Appendices I Applying Black’s Framework: Themes, Criteria and Data Collection 122 II Right Wing Extremist Groups in Canada: Past and Present 125 III Right Wing Ideologues, Gurus and Lone Wolves 129 IV Incidents Related to Right Wing Extremists, 1980-2014 135 V Recognizing Sovereigntists 162 VI Matrices for Recognizing Radicalization 166 3 1. Background In April of 2009, the U.S. -
Fascism & Nazism in Canada
Fascism & Nazism In Canada Student Information Nativist, Fascist and Nazi movements sprung up in Canada between the first and second world wars. These groups pro- moted the idea of a country free of Jews. They derived many of their ideas and tactics directly from Fascist and Nazi organizations in Germany. Organizations with anti-commu- nist, anti-immigrant, and anti-Semitic platforms provided an outlet for many Canadians to voice their anxieties about a changing nation. Nativists opposed immigration and saw newcomers as a threat to Canadian society. Fascism, begun by Benito Mussolini in 1920 in Italy, promoted the ideas of militarism, ultra-nationalism, anti-communism, conformity of the group and allegiance to a single leader. Nazism was the ideology of Adolf Hitler’s National Socialist German Workers Party, which stressed many of the same ideas as fascism, along with racism and anti-Semitism. There were many fascist groups in Canada during the 1930s, including the Canadian Nationalist Party of Winnipeg, the Canadian Guard based in Vancouver, the National Worker’s Party of Canada, and the Canadian Union of Fascists, which published The Thunderbolt. Brown Shirts in Winnipeg September 1933, a dozen ex-soldiers led by William Whittaker launched the brown-shirted Canadian Nationalist Party in Winnipeg. Highly militaristic and fervently patriotic, members wore swastika tiepins with their khaki uniforms and delivered fiery speeches against a backdrop of the Union Jack. They pub- lished The Canadian Nationalist, which featured anti-Semitic propaganda similar to that being produced in Germany that included allegations of a global Jewish conspiracy. The party and its publications played upon the poor economic conditions to denounce Jews violently and equate them with communists.