Mr. Speaker, I appreciate the opportunity to rise to speak on this important motion.
I wish to announce at the outset that I will be speaking in opposition to the motion. I do so for a fundamental reason, because it proposes to have the government place limits upon what topics Canadians can debate, which I believe strongly is absolutely not an appropriate role for government. Let me examine the text of the motion to demonstrate why I believe that is so.
After the preamble's language talking about the boycott, divestment, and sanctions movement, it then asks the government to do the following: “to condemn any and all attempts by Canadian organizations, groups or individuals to promote the BDS movement, both here at home and abroad.”
Let me state at the outset that I am not speaking about the BDS or Israel when I speak against the motion. I have no quarrel with the preamble's language about the positive relations between Canada and Israel. I embrace that. This is not a question of foreign policy before us in the motion. It calls upon us to condemn individuals who promote a certain position.
Let me be clear on the BDS movement from the outset. The New Democratic Party does not support BDS. The New Democratic Party does not support policies on boycotting, sanctioning, or divesting from Israel. As long ago as 2010, the late Jack Layton said:
...our party has never, nor would we ever deny that Israel has not only the right to exist...in secure borders in a safe context and similar with this BDS proposal (the Israel boycott) this is not party policy and we don't support it.
We do not think it is the job of Parliament to tell Canadians how they should express themselves. They have the right in a free and democratic society to make their own choices and to exercise free expression.
Everyone knows what the Conservatives are trying to do in tabling this motion. They are trying to exploit genuine foreign policy differences among Canadians and use wedge politics in the most egregious way possible.
One can strongly oppose the BDS movement, but to say that our government should apparently take measures to condemn Canadians who speak out against a particular policy is something entirely different. I am angry and saddened by what the Conservatives are doing here. They are exploiting a highly charged foreign policy issue to divide Canadians for partisan purpose. It saddens me and it angers me.
We have spent the entire day dealing with this opposition motion. Would it not be better if we worked together to fight racism and anti-Semitism and intimidation on our university campuses? That is what we should be worrying about. We should be providing positive solutions to these legitimate problems rather than talking about ways to divide Canadians in the House.
Today I had the honour to join my friend Mr. Irwin Cotler, a former member of Parliament for Mount Royal, as we started an all-party Raoul Wallenberg parliamentary caucus to deal with, among other things, the elimination of racism and anti-Semitism. This caucus is in honour of a wonderful humanitarian, Raoul Wallenberg, who disappeared after the Second World War. The group is named in his honour. I am so proud to represent the New Democratic Party in this organization.
That is positive action. That is dealing with real problems as Canadians work together across party lines to do what Mr. Cotler taught us we can do so well in Parliament, rather than debating a motion that would condemn free speech. Let me explain why I say that.
I looked at a couple of dictionary definitions when I saw this motion. I looked at the Merriam-Webster Dictionary and in it the word “condemn” means to declare to be reprehensible, wrong, or evil, usually after weighing evidence and without reservation.
What does the word “promote” mean, because we cannot forget we are condemning people who promote a certain position? The Cambridge University Dictionary says that the word “promote” means to encourage people to support something, that is, to promote.
I am a lawyer. I am proud as a Canadian of our Charter of Rights and Freedoms, section 2 of which guarantees all of us the freedom of thought, belief, opinion, and expression subject only to such reasonable limits as can be demonstrated as prescribed by law that can be demonstrably justified in a free and democratic society. That is what we should be talking about, the violation of those core charter principles in this motion, and I say it is simply wrong.
What Canadians have done is passed sensitively balanced laws to address hate speech and other restrictions on free speech in our country, which are set out in the Criminal Code and the Human Rights Act, to deal with the propagation of hate. We have set those delicate balances. Our courts have addressed them in cases like Keegstra and Zundel, and we have come up with jurisprudence that Canadians should be proud of. In some cases they have struck down sections of the Criminal Code, and in others they have sustained them. We have the balance right.
Freedom of expression is a sacred value. After the Second World War, the nations of the world came together in the United Nations and the Universal Declaration of Human Rights was promulgated. Article 19 includes these powerful words, to which Canada has subscribed:
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Of course there are restrictions on free speech in certain circumstances, such as liable, slander, trade secrets, and privacy. We know they exist in every democratic country. These are very limited in the United States because of its first amendment. In 1969, in the case of Brandenburg v. Ohio, the U.S. Supreme Court said that the “clear and present danger” test that used to exist no longer applied to one's right even to speak openly of violent acts and revolution, unless there were an imminent danger of lawless action. Therefore, the Americans have the highwater mark in the world. They do not have the kind of balanced hate speech provisions that we have come up with as Canadians.
In 1966, Professor Maxwell Cohen of McGill University submitted a report to this House on hate propaganda, which was a very sensitively balanced report, long before the Charter of Rights and Freedoms. It recommended legislation to combat hate propaganda, and it did so in a balanced way.
There are four sections of the Criminal Code that address the issue of hate propaganda, if I can call it that. The word “promoting” is used in section 318 of the Criminal Code, just as it is in the Conservative motion, for example, with respect to the public incitement of genocide of an identifiable group. Advocating or promoting that is a crime in Canada. It would have never passed muster in the United States, but Canada did it differently. We came up with a balanced solution to these problems. There are other sections as well that came up in both the Keegstra and Zundel cases.
As we all know, Keegstra was a teacher in Alberta who promoted vicious anti-Semitism in his classroom. Essentially, the more anti-Semitic propaganda the students could spout back at the teacher the better grades they got. He was convicted, and that conviction was upheld by the Supreme Court of Canada as a legitimate restriction on free speech. I am proud of that decision.
In the Zundel case, Zundel was accused of spreading false news. There is a section of the Criminal Code that has since been held unconstitutional as a result of that case.
My point with respect to all of this is a simple one, that Canadians have chosen to carefully and delicately balance free speech issues. We have a charter that puts meat on the bones and backstops the defences available in the Criminal Code.
However, this motion would simply have us baldly say that we as parliamentarians should “condemn” those Canadians who promote views with which we disagree. I cannot support such a proposition. If we want to do these things, we have every right as parliamentarians to amend our Criminal Code, balance it carefully with our Charter of Rights and Freedoms, and come up with laws that work for Canada. However, to baldly say that we should simply “condemn”, to use the words of the motion, those views with which we disagree, and to think that we should be thinking along those lines, is something that all parliamentarians should look at with horror.
John Milton, back in the 17th century, made an impassioned plea for freedom of expression, even tolerance of falsehood. He said this: “Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.”
Later, in the 19th century, John Stewart Mill argued that “there ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it may be considered.”
However, we are prepared to pass a motion on a controversial subject to condemn people for promoting speech with which we disagree. That, to me, is simply un-Canadian and contrary to the careful balancing that we have done over time in this place. We should be proud of our legacy and we should not depart from it for a moment, unless we are prepared to put into question the delicate balances that we have created after the Cohen report, after the hate propaganda laws, and after the Charter of Rights and Freedoms. Only then can we talk about whether we want to curb free expression further in this country.
We have, as I mentioned, not only the Criminal Code but also human rights tribunals. The Canadian Human Rights Act used to have a section in it, section 13, the “hate speech provision”, as it was called. It was criticized by free speech advocates. Maybe it went too far, maybe it did not, but it was repealed. A Conservative member from Alberta in 2013 brought a motion forward. The House passed a law and basically repealed this particular section 13. It dealt with the communication of hate messages by telephone or on the Internet. Parliamentarians looked at it and said it went too far and did not strike a balance, and they struck it down. The Conservatives are all in favour of free speech until they are not, and that is what is troubling about this particular measure.
I was in the last Parliament, thinking about how the Conservatives went after birdwatchers. They were concerned that these charities were doing too much advocacy work of the kind that did not suit the agenda of the Conservatives. To the great consternation of many Canadians who came to my door, the Conservatives continued to do that. We are looking to the new government. There is a promise that it is going to change that. The Conservatives did not like advocacy of that kind. It was against their particular proposals, insofar as those activities maybe took issue with some of the Conservative environmental agenda, or the like.
They have been severely criticized. In fact, there is a study before the Information Commissioner of Canada right now about muzzling scientists and preventing their free speech because they might be using research and going to the media, which they should not be doing. That was the kind of free speech that the Conservatives did not like. Today, the Conservatives are condemning another kind of free speech.
Another Conservative, whom I have always admired, was John Diefenbaker who gave Canada the Bill of Rights. In 1960, here is what that Conservative Prime Minister said:
I am Canadian, a free Canadian, free to speak without fear, free to worship God in my own way, free to stand for what I think right, free to oppose what I believe wrong, free to choose those who govern my country. This heritage of freedom I pledge to uphold for myself and all mankind.
That was a Conservative Prime Minister in 1960. I wonder how John Diefenbaker would feel about what we are debating today.
Before I conclude, I just want to reiterate that on the merits of the BDS issue, we believe as New Democrats that a just peace in the Middle East is possible and that it is our responsibility to work constructively to help secure that. We do not believe that the difficult task of achieving peace, with which we want Canada to be engaged fully, is about scoring political points or dividing Canadians. We think those policies are wrong. Nevertheless, we believe that Canadians have the right to speak out as they see fit on issues of public debate. However, what we will not tolerate is intimidation on campuses. What we will not tolerate is restrictions on free speech at the same time. What we will not tolerate is anti-Semitism and racism.
I would love this House to work positively to deal with this issue. The United Nations has asked us to. We can make a contribution. Given our multicultural commitment, Canada is a shining example to the world of how we can do this. However, to divide people along lines of foreign policy issues and so forth is disconcerting and saddening.
I have personally visited Israel, Palestine, the West Bank, and other areas, and I have seen how difficult the task can be. However, I want my country to play a considered role in trying to find a two-state solution that works in that country. I am not naive enough to think it is easy, but I am not naive to think that Canada has not made those kinds of contributions in the past and can do so again.
As I said earlier, there is the new Raoul Wallenberg all-party caucus that is going to be dealing with issues of this sort, not just defending political prisoners abroad and their freedom of speech, which is being restricted in so many areas. The centre that Irwin Cotler has been involved in which is just starting in Canada, the Raoul Wallenberg Centre for Human Rights, is an example of parties of different kinds coming together to combat racism, hatred, and anti-Semitism by promoting education, awareness, research and advocacy, and co-operating with universities and academic institutions to address issues of racism and anti-Semitism. These are tools that are so much more important.
As we found the blunt instrument of the Criminal Code was not enough to deal with racism, we passed human rights codes from coast to coast to coast to allow us to find ways to address discrimination on the basis of race and the like. This is the sort of way that we can do better than simply using the blunt instruments that are in the Criminal Code and the like.
In conclusion, I oppose a motion that would “condemn” Canadians who “promote” certain views, even if those views are not views that I share. It is not the role of government or Parliament. The idea of condemning Canadians for expressing their views goes against our fundamental freedoms. I am proud to stand with my NDP colleagues to vote against the motion.
I resent that we are using our time as parliamentarians to deal with the motion as opposed to addressing racism, anti-Semitism, and intimidation. I wish we were not here in that context, but we are. I just want to say again that I am proud to stand in favour of free expression.