Archive/File: people/c/collins.doug/bcpc-index Last-Modified: 1998/09/21 - 4 - Document: 244991: 01 CANADIAN JEWISH CONGRESS vs NORTH SHORE FREE PRESS doing business as NORTH SHORE NEWS - AND - DOUG COLLINS SUBMISSIONS OF THE BRITISH COLUMBIA PRESS COUNCIL (INTERVENOR) INDEX Page INTRODUCTION 1 OVERVIEW: THE LEGAL ARGUMENT OF THE BRITISH COLUMBIA PRESS COUNCIL 10 DETAILS OF THE LEGAL ARGUMENT OF THE BRITISH COLUMBIA PRESS COUNCIL 16 The Canadian Charter Of Rights And Freedoms 16 Section 7(1) Of The Human Rights Code Is An Unreasonable And Unjustifiable Infringement Of The Free Speech Rights Guaranteed By The Charter 19 Section (7)1 Prohibits Any Expression Which Is "Likely to Expose A Person or Group or Class Of Persons To Hatred Or Contempt", a Classic Definition Of "Defamation" 22 Section 7(1) Of The Human Rights Code Creates A Claim For "Group Defamation" 23 This New Statutory Cause Of Action Is Not Reasonable 23 Section 7(1) Of The Human Rights Code Imposes Strict Liability On The Defendant 29 The Well-Established Defences In The Civil Law Or In The Criminal Law Are Missing From The Human Rights Code 37 A) Innocent Intent Is Not A Defence 37 B) Truth Is Not A Defence 41 C) Fair Comment On True Facts Is Not A Defence 44 D) Publication In The Public Interest And For The Public Benefit Is Not A Defence 47 E) Genuine Artistic, Academic, Scientific Or Research Purpose Is Not A Defence 50 F) Opinion Expressed In Good Faith On A Religious Subject Is Not A Defence 52 G) Expression In Good Faith, Pointing Out For The Purpose Of Removal, Matters Producing Or Tending To Produce Feelings Of Hatred Is Not A Defence 52 H) Innocent Dissemination Is Not A Defence 53 I) Reports Of Public Meetings, Court Proceedings, And Other Public Proceedings Are Not Privileged 56 Procedural Safeguards Are Missing 88 J) A Single Adjudicator Will Judge What Millions of British Columbians Are Entitled To Hear, Read Or View, (Subject To A Narrow Possibility Of Judicial Review. The Human Rights Code Does Not Permit A Defendant To Be Tried By A Jury Drawn From The Community, An Absolute Right Of The Defendant In A Civil Court Action88 K) The Defendant Has No Right To Appeal, "Judicial Review", Has Significant Limitations 89 L) The Human Rights Tribunal Does Not Enjoy The Constitutional Independence And Tenure Prescribed For Superior Court Judges 95 M) The Human Rights Code Does Not Require The Complainant To File Formal Pleadings To Submit To Examination For Discovery, Or To Produce Documents Prior To Trial 101 N) The Human Rights Code Confers A Quasi-Police Jurisdiction On The Human Rights Commission To Execute Warrants 103 O) The Human Rights Code Entitles The Government To Bring A Complaint Of Group Defamation Even Where None Has Been Filed By Anyone From The Group Allegedly Affected 103 P) The Human Rights Code Does Not Allow A Defendant To Recover Any Portion Of The Legal Costs Involved In Defending A Non-Meritorious Complaint 103 Q) The Human Rights Code Specifically Provides That The Ordinary Rules Of Evidence Which Are Designed To Ensure A Fair Hearing, Will Not Apply To The Hearing Of Complaint Of Group Defamation Do Not Apply To A Human Rights Hearing 103 The Human Rights Code Also Confers An Unwarranted Jurisdiction On A Provincial-Government Appointed Tribunal 103 R) The Tribunal Is Empowered To Enjoin Expression Relating To Subjects Within The Jurisdiction Of The Federal Parliament103 S) There Is No Statutory Ceiling On The Damages Or Costs Which May Be Awarded By The Tribunal 105 T) The Tribunal Is Empowered To Permanently Prohibit "Similar" Expression With No Opportunity For Future Reconsideration106 Section 7(1) Of The Human Rights Code Is Not Demonstrably Justifiable 106 Section 7(1) Of The Human Rights Code Is Unnecessary118 U) The Federal Criminal Code Has Created The Offence Of Advocating Genocide In Section 318 118 V) The Federal Criminal Code Has Created The Offence Of Public Incitement Of Hatred In Section 319(1) 118 W) The Federal Criminal Code Has Created The Offence Of Wilful Promotion Of Hatred In Section 319(2) 119 X) The Federal Criminal Code Provides That A Sentencing Court Must Take Into Account Whether An Offence Was Motivated By Bias, Prejudice Or Hate In Section 718.2 120 Y) The Civil Rights Protection Act, R.S.B.C. 1996, C. 49 Creates A Civil Cause Of Action For Libel Of A Class 120 Z) State-Sponsored, Church-Sponsored, Officially Sponsored Racism Is Non-Existent 121 AA) Privately-Sponsored Racism Is Virtually Non-Existent And Is Stigmatized By The Community Including Most Journalists And Other Writers 121 BB) There Is No Evidence Of A Surge, Or Even The Risk Of A Surge, In Racist Incidents 121 CC) The Press Council Complaints Procedure Which Is Available To The Public Is A Preferred Alternative, In A Free And Democratic Society, To Government Censorship Of The News Media 131 DD) Censorship Is Inherently Undesirable 134 EE) The Alleged Harm Of Hate Speech Has Been Greatly Over-Stated By The Government, And Is Not A Valid Basis For Restricting Speech Which Is Not Criminal 142 CONCLUSION 153
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