American singer Sean Feucht has completed his 11-city tour of Canada. Well, sort of anyway. Public officials cancelled or denied him permits in nine cities, from Halifax to Abbotsford, B.C. Montreal went so far as to fine a church $2,500 for hosting his concert. As you know by now, these shows were cancelled because some people are offended by Feucht’s viewpoints, such as his claim that LGBT Pride is a “demonic agenda seeking to destroy our culture and pervert our children.”
How can a country that purports to protect freedom of speech tolerate this blatant censorship? The answer is that our free speech law is so difficult to decipher that some officials may have genuinely believed they can shut Feucht down to prevent hateful or discriminatory speech.
As I explain in a new essay for C2C Journal, the problem is that, since the advent of the Charter of Rights and Freedoms in 1982, the Supreme Court has failed to draw a principled line between when governments can and can’t limit expression. This is despite the fact that a principled rule – first articulated by John Stuart Mill in his still-famous 1864 essay On Liberty and established to varying degrees in Canada’s pre-Charter jurisprudence – was ripe for the taking.
Mill argued – persuasively, in my opinion – that governments can limit harmful forms of expression like nuisance noise or imminent physical consequences like inciting an angry mob to burn down a person’s house – but they must never seek to censor content or ideas. A clear, principled line, understandable to every citizen, government official and judge. Something like “golden rule” for understanding the domain, and legitimate boundaries, of free speech.



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