Protecting Freedoms in a Democratic Society
3rd Session, 37th Parliament,
Volume 141, Issue 33
April 27, 2004
Hon. W.
David Angus:
Honourable senators, I would like to draw your attention to the
following statement from the noted U.S. philosopher, linguist
and civil libertarian Noam Chomsky:
If we don't believe in freedom of
expression for people we
despise,
we don't believe in it at all.
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Protecting freedoms in a democratic society does not mean
defending only the voices that are pleasing and acceptable to
us; protecting freedoms begins with the defence of those voices
most despised and despicable. It is upon this principle that our
free and democratic society is based and it is upon this
principle that we, I submit, must govern.
The trouble with fighting for human rights and freedoms is that
it begins with the difficult task of opposing the oppressive
laws that are first aimed at silencing those who hold opinions
with which we disagree. We, as legislators — I again
respectfully submit — must keep in mind these principles when
considering legislation and make our decisions accordingly.
Sometimes the path that seems to be the easiest and the most
correct by limiting hateful speech will ultimately limit speech
for all.
As former British Lord Chief Justice Hailsham, late member of
the House of Lords asserted:
The only freedom which counts is the freedom to do what some
other people think to be wrong. There is no point in demanding
freedom to do that which all will applaud. All the so-called
liberties or rights are things which have to be asserted against
others, who claim that if such things are to be allowed their
own rights are infringed or their own liberties threatened. This
is always true, even when we speak of the freedom to worship, of
the right of free speech or association, or of public assembly.
If we are to allow freedoms at all there will constantly be
complaints that either the liberty itself or the way in which it
is exercised is being abused, and, if it is a genuine freedom,
these complaints will often be justified. There is no way of
having a free society in which there is not abuse. Abuse is the
very hallmark of liberty.
Honourable senators, I would encourage us all to keep these
principles in mind today and tomorrow when we go through our
orders of business. In this regard, I simply would remind
senators of the following words in section 2 of the Canadian
Human Rights Act, 1977. Section 2 says, in part:
...all individuals should have an opportunity equal with other
individuals to make for themselves the lives that they are able
and wish to have and to have their needs accommodated,
consistent with their duties and obligations as members of
society, without being hindered in or prevented from doing so by
discriminatory practices based on race, national or ethnic
origin, colour, religion, age, sex, sexual orientation, marital
status, family status, disability or conviction for an offence
for which a pardon has been granted.
The fundamental question is, honourable senators, do we prefer
to live in a society that is so rigid and law-based that there
is no room for diversity or flexibility, where no person can
speak their mind and exercise their democratic freedoms? Or,
would we rather live in a society that fosters diversity of
opinion, allows freedom and liberty, but also leaves room for
anticipated abuse as stated by Lord Hailsham?
I, for one, value
my freedom, welcome diversity of opinion, willfully engage in
open debate and discourse and would prefer a society that
encourages differences of opinion under the true principles of
democracy.
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