Hurt Feelings as a Legal Principle?

Bill C-9, Canada’s Combatting Hate Act, is intent on criminalizing speech which our Supreme Court defines as language that “vilifies the targeted group by blaming its members for the current problems in society.” I was astounded by this definition inasmuch as the main targets of such vilification in today’s culture are White Westerners, generally deemed by those on the Left to be the source of most of the world’s problems. Given the absurd double standard governing their narrative, criticisms directed at “White Ruling Elites” tend to be exonerated in the name of Social Justice, no matter the venom implicit in their tone and content. At the same time, however, criticisms launched by any member of those “elites” against so-called oppressed classes tend to be automatically relegated to the category of Hate Speech, even when based on simple common sense and obvious historical facts!

As reported by The Canadian Constitution Federation, thousands have written their parliamentarians to express their concern that C-9 might entail an attack on Free Speech itself. Feeling that it did not properly defend the rights of her people, however, indigenous Senator Nancy Karetak-Lindell of Nunavut proposed an amendment to the bill which would criminalize the public statements of any Canadian who “wilfully promotes hatred against Indigenous peoples by condoning, denying, down-playing, or justifying the Indian residential school system.”

As I have said repeatedly, Canada’s Residential Schools were far from perfect. However the notion that Sir John A. and his cohorts were White Supremacist monsters intent on “cultural genocide” is factually inaccurate if not utterly racist in its motivation. Canada’s founders had every right to deem the culture of their Indigenous to be less rational, less civilized, less Enlightened than that of Western Europe. The schools in question were clearly intended to assist our Indians in dealing with the complexities of the modern world. Ought this statement, which somewhat “condones” the existence of Canada’s Residential Schools, to land me in prison for 2 years as is recommended by Bill C-9? Ought hurting the feelings of people such as Karetak-Lindell to be a criminal offense?

In a recent vote, Canada’s Senate rejected her proposed amendment by a vote of 41 to 32. What is distressing is that 32 parliamentarians, mostly no doubt “liberals,” actually agreed with the ludicrous principle that hurting the feelings of the member of any designated minority with statements that are eminently defensible, ought nevertheless to be deemed a criminal offense!

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