Juno News - December 28, 2021
John Carpay on free speech, censorship, and the fight for civil liberties
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Summary
Coming up, an in-depth discussion with Justice Centre for Constitutional Freedoms President John Carpe on free speech, censorship and civil liberties. The Andrew Lawton Show is a series of shows that takes a big picture look at some of the bigger issues we're facing as a society and the people that have been on the show throughout the past year, up till now, and the year ahead. In this episode, we're taking a look at civil liberties and what's left of them in a Canadian context.
Transcript
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Welcome to Canada's Most Irreverent Talk Show. This is The Andrew Lawton Show, brought to you by True North.
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Coming up, an in-depth discussion with Justice Centre for Constitutional Freedoms President John Carpe on free speech, censorship and civil liberties.
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Hello and welcome to Canada's Most Irreverent Talk Show. This is The Andrew Lawton Show on True North.
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Great to have you tuned into the program. As you may have noticed, we're going to be doing things a little bit differently for a few shows.
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A series that's going to take a big picture look at not just some of the bigger issues we're facing as a society and have been in the year up till now and the year ahead,
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but also some of the people that we've had on the show a number of times throughout the year to talk about various things,
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but not situations where we often get the opportunity to really delve into who they are and what they're doing and why it is so important.
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And obviously, one of the biggest themes and the most recurring themes, sadly, on The Andrew Lawton Show in the past year has been civil liberties or what's left of them in a Canadian context.
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And one of the big groups that's been at the forefront of the civil liberties fight is the Justice Centre for Constitutional Freedoms.
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Helming that is John Carpe, the president of the JCCF, who joins me on the line now.
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John, it's good to have you back on the show. Thanks for your time.
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You and I have spoken at a number of points throughout the year, and while I always enjoy talking to you,
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I'd say that in the past year, I haven't wanted to have to talk to you as much as I have.
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And I must say, this is probably something that you're experiencing on your end.
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You love the work that you do. You probably wish for the sake of the country you didn't have so much of it, though.
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I wish I could close down the Justice Centre and we could all go home,
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because the spirit of freedom so permeated the culture that every elected official of every party
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was firmly committed to the free society and to our fundamental charter freedoms of speech and religion
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and conscience and association and bodily autonomy.
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So, yeah, it's too bad that we have to exist in a way.
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Because we are taking a bigger picture look at the issue and also at you and the JCCF,
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Well, I don't know if it was Ronald Reagan or somebody else who said that
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liberty is always one generation away from extinction.
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Every new generation has to learn, you know, why the free society is better than,
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you know, an unfree society, of which there are many different kinds, of course,
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whether it's totalitarian communism, whether it's fascism, whether it's theocracy.
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So every generation needs to learn this because unless the freedom resides in our hearts and in our minds,
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there's no constitution and no court that can really preserve it.
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Now, constitutions are good and courts can be good, but ultimately,
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so the reason the Justice Centre was started 11 years ago was to be a voice for freedom
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in Canada's courtrooms, to litigate for these fundamental freedoms.
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And one of the reasons the organisation is necessary is because the average citizen cannot afford $50,000 or $100,000 to hire a lawyer to defend her charter freedoms.
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So when the governments do threaten, trample on one or more of the charter freedoms,
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the average citizen, the average citizen, where do they go?
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Your typical law firm, you might get lucky and you might get a lawyer that can do it at a discount rate,
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but then maybe that lawyer is not experienced in constitutional law.
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So what we have at the Justice Centre is we have a team of lawyers that are practising constitutional law all the time,
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so they have the experience in it, and the services are provided free of charge to the client.
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Some of the clients choose to donate if they want to, but there's no obligation.
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It's to defend the charter freedoms in the courtrooms,
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to provide people with pro bono legal representation from experienced lawyers.
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You mentioned that freedom has to exist and the yearning for freedom has to exist in people's hearts and minds.
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And I know that JCCF does a little bit of that when you talk to the media,
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when you speak at events and explain the cases that you're working on,
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but you're still, as you note there, primarily focused on championing these things through the legal system.
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Have you gotten so pessimistic yet that you don't think the legal system is where these issues can be solved?
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Well, I've often said in speeches that I've given at conferences and events,
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that the public opinion is probably more important than the court rulings.
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Because if public opinion can, you know, rebel and revolt against these very unscientific and irrational laws and rules,
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most of the laws and rules in the past year and eight months have been not based on science,
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But if the public rebels and revolts against that,
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then the laws will change because politicians, with few exceptions,
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And so the court of public opinion ultimately is more important than the court of law.
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So we do fight the battles in court, but we don't know now.
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You never know ahead of time if you're going to win or lose.
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So the court of public opinion is even more important.
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One of the big challenges we've seen, and I think you're very keenly aware of this, John,
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is that a lot of people in Canada have very willingly surrendered a lot of their civil liberties to government.
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They've been very deferential on things like vaccine passports.
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I'd also say, and it's not pandemic specific, on privacy rights,
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that old if you have nothing to hide line, then you don't need to fear a government poking around in your business.
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And how do you establish to people that think they are not doing anything wrong,
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that even if they may be free of the government's very draconian measures in one particular context,
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they might not be the next time government does something?
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People, generally speaking, most people are short-sighted.
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So they tend to protest when their own ox gets gored,
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when it's their own issue or something they care about,
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And it's probably always been the case that the people who see the bigger picture are probably the minority.
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the only threat to free speech that I was aware of 15 years ago was directed at campus pro-life groups.
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And unless you were a pro-lifer, your freedom of speech was pretty safe.
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And I warned 15 years ago, if you accept that it's okay to suppress pro-life speech,
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just because you find it, you know, disagreeable or despicable or abhorrent or hateful or hurtful or offensive,
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if you're okay with a governmental authority like a university suppressing pro-life speech,
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there's a precedent there and it will spread like a cancer.
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And like right now, today, the pro-lifers might be the only ones impacted, but you just wait.
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and there's free speech left, right and center all over the place.
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We've got this vicious, aggressive cancel culture
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so that universities, it's not just pro-lifers now that are being targeted for their speech.
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You've got anybody who disagrees with the transgender narrative,
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the politically correct, you know, that we all have to buy into this notion that gender is a social construct.
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If you disagree with that, like J.K. Rowling in the United Kingdom,
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If you do not completely embrace one particular anti-racism narrative, right,
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because there's different, it's a whole complex subject and there's different ways to be anti-racist,
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But if you don't buy into the one correct narrative, you get cancelled.
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If you don't subscribe to the dominant narrative on COVID, on lockdowns,
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on mandatory vaccinations, on ivermectin, you get shut down.
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So it's an ongoing work to just educate people that, you know, for example,
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if you're not a firearms owner, you should be concerned about the confiscation of lawfully acquired property,
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even if you have no personal enthusiasm for firearms, because there's a precedent there.
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If the government can just take your firearms that are legally purchased and you haven't done anything wrong,
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you've never misused them, and if government could come along and take that property away,
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that's a dangerous precedent for all Canadians.
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One of the big challenges I think a lot of free speech advocates have had to contend with
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is that the focus was for so long simply on government censorship,
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that emanating from a state where if you speak against the state or say something the state doesn't approve of,
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But you are right that missing from a lot of the discourse was the importance of preserving that cultural support
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support for free speech, because that's where deplatforming comes from.
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J.K. Rowling has been no doubt censored, but she has not been censored by a state.
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So a lot of people who are not actually civil libertarians,
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people that don't support free speech would say,
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oh, well, you know, the government hasn't censored her,
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and they try to draw this parallel between, well, no free speech is consequence free speech,
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I mean, the complete libertarian utopia is that businesses should be able to say,
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I'm not going to publish that book, or I'm not going to rent that lectern or that venue out,
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I mean, that's the way the world is supposed to work.
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because businesses don't have the right to do that in so many contexts.
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They can't say, you know, the proverbial case in Canada quite effectively,
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you know, the Christian baker is not going to bake the gay wedding cake.
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So we have this version of individual choice that only extends to certain people and certain groups.
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Well, I think the solution there, it's got to be one of two things.
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Either the government steps in and regulates, you know, Facebook, Google, Twitter,
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Anyway, the big giants, either the government has to step in and pass a law and say,
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look, you guys are, you're not an advocacy group.
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And if you're a highway, you have to let all cars use the highway.
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So you have to not be biased against certain viewpoints.
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is that the people who are censored will have to move to their own platforms.
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a lot of our YouTube video, a lot of our videos have been censored on YouTube.
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They've been censored within minutes or within hours of going up.
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And so we have them on Rumble and BitChute.
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And I think what's going to happen is that the more that the Facebook, Twitter, Google,
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the more that these giants are biased against libertarian speech,
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the more that people are going to go to other platforms.
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And, you know, that people might lament that 10 years from now
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where there's even more societies completely disconnected
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because you're on, let's say that you're on BitChute and Rumble only,
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and your next door neighbor is on YouTube only,
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It could lead to a further splintering of society.
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But I guess that's just the way that technology is dragging society
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into that kind of splintering that would not have existed,
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at least not anywhere close to the same extent,
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Yeah, and I even go back to, what are we talking about?
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A decade ago when Section 13 of the Canadian Human Rights Act was repealed,
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which was the section that's now trying to be brought back by the liberals
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I don't know what it's going to be called when they reintroduce it.
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But around that time, you had some of those old-school liberals
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that were speaking up, people like Senator Jerry Grafstein
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and other voices that were very pro-free-speech liberals.
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I mean, the idea of the principled pro-free-speech leftist,
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I'm not saying it doesn't exist, but it's a lot more elusive
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It's the same, you know, I find a certain commonality in
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it's government holding itself out as your saviour and protector
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well, if you haven't gotten two injections of the COVID shot,
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from these dangerous, disease-spreading people.
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So we're going to ban those people from airplanes
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We're going to have vaccine passports to protect you.
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We have lockdowns to protect you from the scary virus.
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It's like we're all children and, you know, you and I,
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In a way, it's extremely degrading for the government to say
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that I cannot read something and decide for myself
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whether it's hateful, whether it's not hateful.
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you and I could both be looking at, say, a political cartoon
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and you could look at it and say, no, not at all.
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A lot of people just want to give up their freedom
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to make up their own minds about what is or is not hateful.
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Oh, the government is going to protect us from hate.
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I think is spot on because we are creating generations now
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is in some way an assault on their sensibilities.
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And they need to be protected against something
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that may not be all that common in their lives.
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And we see the implications of this in bubbles and echo chambers
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and what you indicated earlier about the siloing of society
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And neither is engaging in, I mean, going back to John Stuart Mill,
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the most important exercise in unlocking truth,
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which is finding a position that is distinct from yours
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or B, at least make you more strong in your resolve
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no one loses if both parties will agree to do it.
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that certainly has been lacking on campus in the last decade.
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It seems that judging on what I've seen on campus,
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the kids are not getting taught that about debate.
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I mean, maybe we need more of that in the school curriculum
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if you make the kids have a debate on whatever,
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you know, free trade, capital punishment, abortion,
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immigration, you know, euthanasia, lockdown restrictions,
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I mean, whatever, right, to really get people thinking.
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this is the position you're going to argue, you know,
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okay, I've got to get into the other guy's shoes.
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You know, what are the five reasons for being against this?
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Because it just, you get these students come onto campus
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and you challenge and allow yourself to be challenged.
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that this would be unanimous for all three readings.
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Just completely eliminated debate in Parliament on a bill.
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whereby you find ways to really delve into these things
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and challenge assumptions and hear witness testimony
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at the Justice Centre for Constitutional Freedom's
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In some cases, even arguing against civil liberties.