Juno News - February 25, 2024


P.E.I. councillor faces removal for sharing the wrong opinion


Episode Stats


Length

13 minutes

Words per minute

182.76611

Word count

2,524

Sentence count

8

Harmful content

Hate speech

1

sentences flagged


Summary

Summaries generated with gmurro/bart-large-finetuned-filtered-spotify-podcast-summ .

In this episode, I'm joined by Josh Dehaas, a lawyer with the Canadian Constitution Foundation and host of the popular podcast "The Free Speech Project" to talk about the ongoing free speech debate in Prince Edward Island, where the government is pushing a bill that could lead to harsh penalties for online hate speech.

Transcript

Transcript generated with Whisper (turbo).
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
00:00:00.000 I want to welcome into the show Josh Dehaz who is a lawyer with the Canadian Constitution
00:00:12.640 Foundation where he is also a preeminent podcast host a competitor but he does great work over
00:00:17.480 there alongside Christine Van Gein and Joanna Barron. Josh good to have you back on the show
00:00:22.020 thanks for coming on. Good to be here. So I want to talk about this free speech fight in Prince
00:00:27.760 Edward Island in a few moments but but just on the online harm stuff obviously we have to wait for
00:00:32.720 the the text of the bill to come out but we know from the first version of it and what the government
00:00:37.480 has said in public messaging what it's likely to look like here. This is going to be just a feeding
00:00:43.080 frenzy for civil liberties lawyers based on like any interpretation of what they're coming out with
00:00:48.600 right? Yeah well if if they come if they come out with a bill that brings back something like
00:00:54.840 section 13 you know if anything that looks like what they proposed under bill c36 they're going to
00:01:00.880 have all kinds of challenges because you know it's just would not be constitutional to do something
00:01:07.640 that extreme to have you know $20,000 fines for things that you you say on the internet that
00:01:14.160 somebody finds offensive and so we really hope that that's not what they come up with but I guess
00:01:21.040 we'll have to wait and see for the details in terms of this idea of an ombudsman or I think we're
00:01:26.840 supposed to say ombudsperson so just yeah it's actually hate speech if you say ombudsman it could
00:01:32.600 be under this new bill so I'll just go with the ombudsperson to be careful here that raises all kinds
00:01:38.720 of other potential free speech issues here you know if they go with 24-hour takedowns that is just
00:01:45.460 going to lead Facebook and other you know other internet service providers to take down anything
00:01:52.900 that could put them at risk or make them liable so that would be a huge free speech issue too that
00:01:58.400 we would have to to try and attack. Yeah and I and I maybe I'm again I'm not a lawyer I I play one on
00:02:04.200 TV sometimes but the the one thing that comes out here is that under c18 the liberal government put
00:02:10.020 this regulation risk requirement on on companies like Facebook and Google and said you guys have
00:02:16.000 to pay news companies if you're going to have news on your platform so Facebook says all right it's
00:02:20.220 not worth the hassle we're just going to ban news we looked into it we got a legal opinion because we
00:02:24.920 were wondering if we could sue the government and every lawyer we talked to said well no because
00:02:28.860 Facebook made the decision I mean they may have done it in response to legislation but your issues
00:02:33.740 with Facebook which has I would concede no legal obligation to allow anyone to use its platform
00:02:39.380 you apply that here and I worry that the same thing applies where Facebook will just develop a
00:02:45.200 broad terms of service to encompass the law but if Facebook's zapping your content where's your
00:02:52.060 recourse if you've been censored do you even have any? Yeah that would be that that's that's the issue
00:02:57.900 here so I think you could still mount some sort of challenge but it would be very difficult to do
00:03:02.820 of Facebook itself wasn't getting involved in in that sort of charter challenge the other the other
00:03:10.160 concern I would have is that companies like Facebook might just leave Canada and you know people laugh at
00:03:16.360 that but right now you have similar sorts of legislation in the European Union and they're they're they're
00:03:23.140 telling Twitter all the time look if you don't comply with the with our requirements and you know get rid of
00:03:30.320 more of what we consider misinformation then we might kick Twitter out of Europe and it Canada's a lot
00:03:37.160 smaller Twitter probably cares a lot less about us but there's a possibility that if Twitter is faced
00:03:42.720 with some sort of legislation that says they have a duty of care to take down information that is
00:03:47.860 so-called you know misinformation or discriminatory that they might just pull out at some point
00:03:52.880 let me ask you about that that arbitrator aspect here because a lot's changed in the internet in the time that
00:04:02.040 section 13 was there originally it was repealed in 2013 to now social media companies are much more powerful
00:04:08.880 we also have a government that I think has been much more emboldened on this idea of reigning in online hate
00:04:14.860 whereas section 13 was really created in response to fax machines if you go back to the to the origin of it
00:04:21.280 so this idea of supercharging it by putting all these requirements on on tech companies I see as
00:04:26.540 being quite problematic but they also seem to think that they had kind of charter proofed that the
00:04:32.060 language with Bill C-36 by by drawing from the Watcott decision I was wondering if you could just give a
00:04:37.120 brief primer on on how that decision framed what free speech and hate speech in this context are
00:04:44.040 yeah so what caught uh attempted to say that there is you know a line over which you cannot cross
00:04:51.580 between uh speech that's acceptable and speech that is hateful and can be constitutionally limited by
00:04:58.920 by the criminal laws and you know what what ends up happening when you try to draw those lines is you
00:05:04.400 just end up using a lot of synonyms so Watclot says you know basically if your speech is inciting
00:05:11.320 you know detestation against a group that's illegal but if you're just offending a group or uh being
00:05:18.840 hurtful towards a group that's not okay so I don't know how any reasonable person can tell the difference
00:05:24.660 between words like you know detestation or you know extreme dislike which is another one that's
00:05:29.940 apparently okay and uh so all that Watcott really clarifies is that there is some line and it's really
00:05:36.660 hard to know where that is um with criminal it's gonna be like the old I know it when I see it uh
00:05:42.440 interpretation on pornography right right right exactly and if if if there's that much subjectivity
00:05:49.340 involved then you're really at the mercy of whoever the decision maker is and let's say there's some you
00:05:54.820 know digital safety czar or ombudsperson as I guess they're now called in the legislation it's going to be
00:06:01.320 up to you know their their tastes and their view about what is um what is hateful and what isn't
00:06:08.000 that's where the problem comes in because these are you know government appointees and uh what they're
00:06:13.000 offended by might be perfectly legitimate speech yeah and and obviously you know people when they
00:06:20.320 have this debate I mean the big problem we run up against is that people have trouble separating their
00:06:24.900 emotional valuation of a particular expression from whether it has merit as a legal form of expression
00:06:32.580 and again we do not have a right to be comfortable we do not have a right to not be offended or bothered
00:06:37.460 or perturbed now I'm the one using all the synonyms and I think this case in PEI is a great example of this
00:06:42.960 you have a counselor there in in Murray Harbor a very very small community I don't even think it's at
00:06:47.600 town level I think it's an even lower threshold than town and my colleague Lindsay Shepard wrote about
00:06:53.120 John Robinson a while Robertson a while ago he put up a sign on his own property and the sign we have
00:07:00.180 a picture there uh truth mass grave hoax reconciliation redeem Sir John A's integrity I think it's pretty
00:07:07.760 clear what he's referring to on on both counts and you may drive by that and say I agree I disagree
00:07:12.820 doesn't really matter he's now facing potential removal as a counselor over this so explain what's
00:07:19.380 going on here yeah so so John put up this sign back in September and this is a sign it's one of
00:07:26.100 those signs where you can you know change the plastic letters I think you just showed it um that you see
00:07:31.120 outside of you know churches or sometimes you know town halls and he uses this just to spread his
00:07:38.640 messages often it's things like you know happy uh congratulations to the newlywed couple or you know
00:07:45.840 there's some festival coming up and he wants to advertise it but uh occasionally he uses it for
00:07:50.580 more political speech and uh in this case he put up this sign because he's angry about the idea that
00:07:58.540 um in 2021 uh everybody was sort of led to believe that these mass graves had been located at Indian
00:08:06.000 residential schools when in fact what was most likely found were were cemeteries with unmarked graves
00:08:12.060 obviously very sad what happened at residential schools but he he's he's he's annoyed that this
00:08:18.620 narrative sort of persists so um obviously this is his private speech on his private property but his
00:08:25.020 fellow village counselors didn't like this message so they went after him using their code of conduct
00:08:31.360 bylaw and you know municipalities across Canada have these codes of conduct they're they're they're meant
00:08:38.080 to you know prevent city counselors town counselors from doing things like harassing staff members or
00:08:45.200 embezzling money or you know having things that look like conflicts of interest but in recent years we've
00:08:51.860 seen them start going after fellow counselors for their political speech and that's what happened to
00:08:57.260 john here you know they did a big investigation they found that he breached sections of the code of
00:09:03.360 conduct related to ethical behavior that related to you know discrimination and harassment and
00:09:09.540 arranging your uh private affairs in a way that inspires public trust all of which is uh irrelevant
00:09:16.520 to the sign because it was not nothing to do with his actual job as a village counselor it was just a sign
00:09:22.840 on his property and it's political speech which is the most protected type of speech so you would think
00:09:28.420 that they would not be able to sanction him for for his sign and we're pretty confident that they
00:09:34.160 violated the the constitutional guarantee for free speech by by uh sanctioning for him they gave him a
00:09:40.780 500 fine suspended him for six months and demanded this forced apology to to them and to the indigenous 1.00
00:09:48.940 peoples and uh he refused to do that so now the minister has launched an inquiry where one of the
00:09:54.980 possibilities uh as a at the end of that is is his removal so just you know an official uh on town
00:10:03.640 council being removed for his political speech and they haven't really flinched or uh blinked in this
00:10:10.600 since he he's you know secured legal representation through through you in the ccf so we uh we haven't
00:10:16.960 heard anything from the town they haven't flinched um what i can say is uh well the town very very
00:10:23.760 obviously messed up this investigation and this whole process in many ways uh but the minister uh
00:10:30.500 in in a sense may have flinched because he issued an order in december that said you know you have two
00:10:37.880 days to accept these sanctions including the apology or resign and uh john robertson he didn't he didn't do
00:10:46.020 that at the time you know he was sort of looking for legal counsel and he was uh on vacation so he he but
00:10:52.880 he didn't do that at the time in any event and the minister i think subsequently realized that
00:10:57.840 um there may have been some problems with this investigation and the the sanctions uh the way
00:11:03.800 that things went about so he rescinded that order and he uh issued a new order for an inquiry so now
00:11:09.740 he's going to sort of redo all of the this investigation about whether john's sign somehow
00:11:15.620 breaches this code of conduct which i i think it pretty clearly does not
00:11:19.560 the thing that i find so incredibly incredibly concerning about though i found a lot of it
00:11:25.760 concerning but he's expressing a political opinion he is an elected politician now in this particular
00:11:30.680 case i don't think it's a position that murray harbor pei necessarily has to deal with at the
00:11:37.040 local level it may conceivably i again i don't know if it's near any indigenous communities but the fact
00:11:42.980 of the matter is that when you have a colleagues that are weaponizing this code of conduct process for
00:11:48.000 people expressing political opinions they're effectively overriding the democratic process
00:11:52.600 they're overriding the fact that constituents have the opportunity to vote politicians in or
00:11:56.820 out based in part on their political beliefs
00:11:59.340 yeah that's that's exactly right so uh it's it's it's very crazy here that the minister could remove
00:12:07.340 this person for for his speech i mean that's up to the voters and you know there's there's this idea
00:12:13.460 that uh his speech was very controversial and unpopular and that seems to be the case in public
00:12:20.540 you know that the town did get a lot of emails and things like that that's were from people that said
00:12:25.320 he's a residential school denialist which is absolutely not the case um or that he's he's uh
00:12:31.780 you know harming reconciliation but there is also a silent majority out there that thinks you know
00:12:37.600 what we were misled by the media in uh 2021 or at least by by some parts of the media and uh they
00:12:46.040 might they're they're on john's team you know they're sending donations to the ccf they're signing
00:12:51.300 the petition on our website and they're emailing john to say you know we're with you just because
00:12:55.840 you don't hear them publicly all that much doesn't mean that they're not out there so um we we should
00:13:01.980 at the end of the day we need to wait till uh the next election and then it will be up to the voters
00:13:06.660 if john runs whether to re-elect him all right well and he got to watch has to watch if he promotes
00:13:12.780 himself on his sign he may get slapped down again there uh josh to has with the canadian constitution
00:13:17.780 foundation also one of the hosts of not reserving judgment i think you have a new episode today right
00:13:22.460 it's uh wednesdays we do we do and we're talking about this online harm stuff so you can uh hear more
00:13:28.000 of what we have to think about that and uh some of the rumors we've heard so all right perfect
00:13:32.660 check it out lawyers peddling in rumors that's uh that's that's very edgy in your world all right
00:13:37.680 josh thanks very much really good to talk to you again great thanks andrew thanks for listening
00:13:41.400 to the andrew lawton show support the program by donating to true north at www.tnc.news