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The charter pits Canadians' civil liberties against social justice overreach

National Post: 'Canadians no longer agree on the importance of free speech. Once thought to be the lifeblood of democracy, it is now increasingly seen — in the form of the spread of hatred, misinformation and disinformation — as a threat to its existence. These divergent attitudes on the value of free expression is evidence of a much more significant difference of opinion about the meaning and purpose of democracy.

'Some believe that the purpose of a democratic society is to achieve social justice, which requires a more equitable distribution of social goods that includes not only material resources, but appointments to positions of influence or even gainful employment, along with more intangible provisions, such as public recognition and respect for one’s dignity, identity and life choices. Needless to say, this is not compatible with earlier rationales for democratic government, which related to its role in securing the blessings of ordered liberty, or maximizing individual freedom.

'This societal divergence has manifested in principled, yet troubling conflicts about how to interpret the constitution. Five months ago, the Supreme Court decided a case brought against a Montreal comedian for telling jokes that allegedly incited bullying against a young person with a disability.

'Five justices upheld the principle of freedom of expression. Four dissenters held that the a law that would allow the comedian to be fined for “condoning the humiliation and dehumanization of a child” could be justified as a reasonable limitation, as allowing such speech “would fly in the face of the very idea of the public interest,” given that it purportedly exploits a “stark power imbalance” against members of “marginalized groups.” The dissent went on to reverse the burden of justification for the limitation of rights, asserting that the comedian’s “remarks cannot be justified in the circumstances and they result in a violation of the equal exercise of the right to the safeguard of dignity.” ...

Canada is fast becoming a banana republic thanks to the Trudeau regime, NDP kakistocrats, and all the ideological defectives who buttress them. Unfortunately, the Charter is not robust enough to stop them or to protect citizens for that matter.

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