Debate has sparked up online following the arrest of a Chilliwack woman. Mounties have recently arrested her for what they are calling "discriminatory and harmful language" posted on social media.
Chilliwack RCMP spokesperson Cpl. Carmen Kiener says the arrested person is a woman who was allegedly targeting members of the South Asian community.
The arrest has prompted Canadians from across the country to defend this woman, sparking up a debate surrounding freedom of speech. CJDC spoke with Criminal Defence Lawyer Kyla Lee, who explained why the case is generating a big response. She points to recent online events such as Donald Trump being removed from Twitter, and Elon Musk buying Twitter and rebranding it, as factors that have fuelled this discussion in recent years.
“The American understanding of freedom of speech certainly has an influence over how people in Canada think that their free speech rights operate,” says Lee. Canada has protection for 'freedom of expression', but the protection is not absolute, with hate speech being one of the limits.
“There is not as much of an ability to limit your exercise of your rights under the constitution in the United States as the government has in Canada,” says Lee.
However, Lee does not believe the American model of free speech is better. She highlights that while the U.S. Constitution was drafted in 1787, and Canada’s Charter in 1982, neither document fully anticipated the complexities of modern-day hate speech.
“Technology has really changed our understanding of speech rights, and because the Charter is more modern than the U.S. law, it does to some extent, take into account a more modern understanding,” Lee explains. “Canadian law… changes to reflect societal values. Whereas the United States… what’s in the original language of the Constitution is how it’s meant to be interpreted, regardless of the fact that the world is vastly different than it was at the time that this was written.”
Because of Canada’s more modern approach, the woman arrested could be facing a more serious punishment. The detachment shared that "several" Criminal Code charges have been recommended, but have not yet been approved. Not only is hate speech prohibited under the criminal code, but so is uttering threats, stalking, and threatening, all of which would serve as separate charges.
“If the crown has evidence sufficient to establish that somebody is willfully promoting hatred against an identifiable group or making hateful comments in a way that’s going to lead to a breach of the peace, then they can prosecute for that, and the courts tend to come down pretty hard on people who engage in this conduct,” explains Lee.
Kiener said police hope the woman will make her first court appearance in the next few weeks, and if charges are approved, more details will be made public.
Police say the investigation is ongoing.
