Posted: Mon May 21, 2007 10:54 pm
A few countries in Europe have laws specifically disallowing so-called "Holocaust denial" which translates into a law that prohibits the questioning of the Holocaust in a way that disagrees with the "official version" of the Historical account. <br />
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Holocaust denial laws presumably are "one-way" in that these laws do not disallow the exaggeration of the "legalized" Holocaust account, but are specifically against trivializing the account. (see note 1)<br />
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Furthermore, under Holocaust denial laws, the "truth" is not a recognized defense, because to defend against Holocaust denial one must willfully break the law, because one cannot help but break the law when trying to establish why the "legalized" version is incorrect when it is against the law to do so!<br />
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It is noteworthy that Holocaust denial laws inherently proclaim what segment of society has the right to determine the "legal" historical account of the Holocaust, and presumably that means that the right to freely question certain aspects of World War II is therefore determined by law.<br />
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In Canada there is no specific Holocaust denial law, however that does not mean very much since Canada's hate laws are so broad and ill defined that its application can be twisted into almost any form of censorship that is desired.<br />
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For a list of countries with "Holocaust denial" laws, see: <a href="http://en.wikipedia.org/wiki/Holocaust_denial#Laws_against_Holocaust_denial">Laws against Holocaust denial</a><br />
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For the full text of Canada's "Hate Propaganda" laws, see: <a href="http://laws.justice.gc.ca/en/showdoc/cs/C-46/bo-ga:l_VIII-gb:s_318//en#anchorbo-ga:l_VIII-gb:s_318">Hate Propaganda</a><br />
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When reading through Canada's Hate Propaganda laws, it usually takes a great deal of study to understand precisely what is being stated. The laws are written in a way that *will* deceive you. <br />
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For example, here is the definition of "hate propaganda":<br />
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<blockquote><i>"hate propaganda" means any writing, sign or visible representation that advocates or promotes genocide or the communication of which by any person would constitute an offence under section 319;</i></blockquote><br />
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At a glance, the first part of the above definition may seem relatively well defined and perfectly reasonable, however what about the second part, which states:<br />
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<blockquote><i>... or the communication of which by any person would constitute an offence under section 319</i></blockquote><br />
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Section 319 is very long and there's a lot in there to be concerned about, however I'll touch on only a few items.<br />
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<blockquote><i> 319. (1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of <br />
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Pay close attention to the above, and read it a few times over if you have to.<br />
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Hate Propaganda can be *anything* that you say in public that an "identifiable group" (see note 2) claims is "hateful" and in a way that <i>"is likely to lead to a breach of the peace"</i>(no definition available).<br />
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Canada's hate laws are therefore not about genocide, and are not even about "hate", the law is about complaints from a privileged "identifiable group" against statements that are claimed to be disagreeable in some way.<br />
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It is easy enough to "breach the peace" so long as the "identifiable group" is organized enough, all one has to do is organize demonstrations in the street and issue tearful media statements, etc.<br />
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Under the norms of law, normally the burden of proof is on the prosecution, however in the case of hate propaganda, the burden of proof is dumped on the accused and <strong>specifically limited</strong> to the following lines of defense:<br />
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(a) if he establishes that the statements communicated were true;<br />
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(b) if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;<br />
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(c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or<br />
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(d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.<br />
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Furthermore the prosecution of hate charges is a political decision rather than a legal decision, stated with:<br />
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<i><blockquote>(6) No proceeding for an offence under subsection (2) shall be instituted without the consent of the Attorney General.</blockquote></i> <br />
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The Attorney General is an elected MP, who is most likely much more concerned about his or her popularity than about the law! <br />
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I could go on, and I could easily fill several pages of text describing why I think Canada's Hate Propaganda laws that are very wrong and should either be significantly amended or abolished completely.<br />
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Notes:<br />
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1) I may be wrong about the "direction" of Holocaust denial laws, and if anyone knows more, please post in here - thanks.<br />
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2) No matter how "identifiable" one may find a group to be, the law limits which groups are legally deemed to be "identifiable":<br />
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<i><blockquote> "identifiable group" means any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation.</blockquote></i><br />
Everyone else is excluded, therefore you may hate fat people, skinny people, tall people, short people, round people, square people, funny people (etc). Just *do not* mention skin color, genetic make up, ritualistic beliefs, culture, county of origin, or what turns them on.<br />
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Interestingly, the limits imposed allow the military arm of the government to legally hate the "enemy" in a way that "is likely to breach the peace" (i.e., cause mass misery, death, and destruction), although the claims of protection is often debatable, for example consider what group is officially being attacked in Afghanistan. The Taliban are a political group that is effectively a theocracy. A theocracy is a political movement based on religion - one of the "identifiable groups" protected under Canada's hate propaganda laws.<br />
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In my opinion, the Canadian government should be prosecuted for hate propaganda, however that decision is conveniently left up to the Attorney General!!!!<br />