-Caveat Lector-

Our Northern Neighbors continue their march into "Smiley  Face" Facism.

"Smiley Face" Facism is the new face on facism designed to sneak in a
fascist police state by allegedly "good intentions". This false face of
Fascism is the new approach by the Corporate State sponsored "Progressives".
Canada is probably 5 years ahead of the US along this road. Of course
"Smiley Face" Fascism could never happen in the U.S. (of course not!)
flw

(Wired News)
Crimes Canada Loves to Hate
by Matt Friedman
3:00 a.m.  30.Nov.98.PST

MONTREAL -- New plans by the Canadian government to crack down on hate
crimes have civil libertarians up in arms. Even opponents of hate crimes are
diving for cover.
Recommendations issued last week by the Federal, Provincial, and Territorial
Working Group on Diversity, Equality, and Justice would broaden Canada's
existing laws against hate crimes, making it illegal to possess material
"for the purpose of distribution to promote hate."

The proposed amendments to the Criminal Code of Canada would also expand the
law to apply to hate crimes based on age, gender, or mental disability. The
reforms would prevent a criminal defendant in a hate-crime trial -- a
neo-Nazi who denied that the Holocaust occurred, for example -- from
claiming the freedom to disseminate material (including hate-crime
propaganda) that the defendant believed to be true.
Ujjal Dosanjh, attorney general of British Columbia and a strong proponent
of the task force, wanted to create new legislation "designed particularly
to combat hate propaganda on the Internet."

The attorney general's office has campaigned for tougher laws since a highly
publicized incident involving a racist Web site earned the town of Oliver,
British Columbia, a reputation as the "hate capital of Canada."
Dosanjh said the incident demonstrated the need for stronger laws against
hate propagandists.

"We need an offense that's easier to prove," Dosanjh said. "This amendment
will create that offense. Once you intend to promote hate ­- that's where
the line is drawn."
His reasoning doesn't sit well with civil libertarians, who warn that
existing hate-crime statutes are the only laws on the books that permit
prosecution for holding unpopular opinions.

"The government is going in the wrong direction," said Alan Borovoy, general
counsel for the Canadian Civil Liberties Association. "It should be
repealing, or at least narrowing, the anti-hate legislation. It's already
too broad an enactment."
The proposals continue a trend of eroding Canadian civil liberties, Borovoy
said. "Ever since the government embarked on a course of trying to outlaw
expressions of hatred, it's shown that there is a slippery slope. One thing
has led to another."
Electronic Frontier Canada, an information-rights advocacy group, agreed.
"The proposals reflect the fears in certain constituencies represented by
some of the participants in the working group," said the group's vice
president, Richard Rosenberg. "There seems to be a notion that you can
curtail free speech and society will somehow be better for it."

The Canadian Jewish Congress (CJC) has praised the reforms, however.
"The law isn't final, but with the wide-ranging approval we've gotten, it's
pretty close," said Bernie Farber, the CJC's national director of community
relations. "We have a concern that the Net needs some manner of legislation
to ensure that it's not used by hatemongers to promote hate."

Ken McVay, who as president of the Nizkor Project is one of Canada's most
prominent opponents to racism, has a more immediate concern. Nizkor
maintains one of the world's largest online archives of anti-Semitic
material, which is used to fight ignorance and expose extremism.

"There are neo-Nazis who point to URLs on Nizkor," McVay said. "That's
probably the clearest example of how stupid this is. Is it 'possession with
intent' if the propaganda resides on my servers and some neo-Nazi makes a
link to it?"
Elissa Leiff, senior counsel in the Department of Justice's Criminal Law
Policy Section, dismissed any suggestion that activists like McVay might be
burned by the new laws, citing the proposed law's requirement of an "intent
to promote hate."
"It's so hypocritical," McVay replied. "If an idea is so dangerous in and of
itself that you have to legislate against it, then the whole question of
intent is irrelevant. If it's dangerous it's dangerous whether it's on my
site or [white supremacist] Tom Metzger's."

For supporters of the proposals, however, the possession offense is just a
logical extension of the hate laws already on the books.

"We should be dealing with the most extreme cases, and I'm not sure these
proposals differ from existing laws in that respect," Farber said. "It
remains to be seen how these proposals will be translated into the language
of law, though. There are some areas that have to be clarified when the law
is developed."

Leiff said it's up to the Department of Justice to phrase the amendments in
such a way that they don't violate the Canadian Charter of Rights and
Freedoms, and to present them to Parliament for debate. She said that was
likely to happen sometime next year, and that she had little doubt that the
amendments will become law.

"It's fairly well thought out to date, and it has the support of all the
attorneys general," Leiff said. "I'm sure the legislation will pass."

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