MP Brian Storseth's private members bill is scheduled for debate and a vote this week in the House of Commons. Bill C-304 would repeal the hate speech section (section 13) of the Canadian Human Rights Act and was introduced in the fall sitting.
Calling it a non-partisan issue, Storseth has called on all MPs to support the bill and has asked parties to allow a free vote. If bill C-304 passes the first vote this week it will go to the human rights committee for review.
Provincially, political leaders and candidates for the Lac La Biche-St. Paul constituency expressed mixed views on the MP's bill.
Wildrose leader Danielle Smith commended Storseth's work while in St. Paul on Jan. 31.
“The human rights tribunal is not supposed to be used to muzzle journalists. It's not supposed to be to stifle free speech, and if it's being misused that way, it makes perfect sense to repeal the section," Smith said.
The Wildrose supports repealing section 13 of the federal act. If elected, the Wildrose Party would repeal the province's hate speech section, section 3.
Both provincial and standing federal human rights laws prohibit people from publishing commentary that is “likely" to expose a person to hatred. Opponents of the laws say the word “likely" is vague and is not a legal definition.
Politically correct activists have targeted religious and right wing commentators through the commissions, the Wildrose website says. While both Wildrose and federal Conservatives want to repeal hate speech laws, “We would go one step further," Smith said.
Wildrose members want to abolish the Alberta human rights commission and think complaints should be dealt with in the courts, not “kangaroo courts," she said. The party calls for a Human Rights Division to be set up as part of the small claims court.
Human rights commissions have taken away rights in some cases, said local candidate Shayne Saskiw, last week. Some complaints to the commissions are frivolous, he added. Where frivolous cases are brought forward, the Wildrose would change the system to have the complainant pay part of the costs.
Under the existing system, the complainant pays no costs and the defendant pays their own costs. The policy would reduce the number of complainants who do not have valid claims, said Saskiw.
“The policy that MP Brian Storseth put forward is very consistent with the Wildrose policy from a provincial prospective."
Storseth said he has received support from all sides of the political spectrum on his bill, in a phone interview.
“I'm very happy to have their (Wildrose) support. I'm happy to have the support of one of the provincial leaders. Hopefully the PC Party will even support it because this is an issue that's very important to Canadians."
Freedom is one of the pillars of Canada and Alberta, he added. “We take our freedom very seriously here in Alberta."
Provincial Justice Minister Verlyn Olson said the government is looking into Storseth's bill, when asked by the Journal at the local PC association AGM in December in Two Hills. Appointed to the Justice portfolio in October, Olson said he wouldn't have time to look at the bill until after Christmas.
The minister confirmed he would be looking at section 3 of the provincial human rights act. Olson did not respond to a request for an update on his work with either the MP's bill or provincial legislation by press time.
“We're looking for balance there. There's the right to say what you want to say, but then there's the right to have people not spewing hate speech at you too, and so you're looking for a balance," said Olson.
Supporters of Storseth's bill argue hate speech can be prosecuted under the Criminal Code.
“The counter argument is, have you tried to prosecute anything under the Criminal Code? It's way too tough. It's really not an effective tool to protect people," said Olson.
Storseth said the minister's position is “disappointing to hear … I'm disappointed the provincial justice minister wouldn't be more certain on this topic."
“Obviously, the Alberta Human Rights Commission has been one of the problems," Storseth continued. “I really hope everybody gets behind this. This is the (provincial) government that brought this legislation in Alberta in the first place, so hopefully they'll be willing to make some changes."
Premier Alison Redford has spoken about the issue in the past, he added.
Calling it “quite an interesting conundrum," Lac La Biche – St. Paul Alberta Liberal Party candidate, John Nowak, said he would “probably err more towards supporting it at this time … I'd like to look into it a bit more and get a better understanding for why the bill was drafted."
“We need to protect our civil liberties," he said. “At the same time, there has to be a certain amount of responsibility on the individual … I'm all for freedom of speech, but I'm not for an abuse of that right."
Nowak plans to look into the bill further before deciding if he supports it.
With a majority Conservative government, bill C-304 is expected to pass over the next few months before moving to the Senate for approval.
The Wildrose Party leader called Storseth's success with the private member's bill a sign of Prime Minister Stephen Harper's leadership.
“I think what you're seeing is that when there's a policy that resonates with the Conservative members, it's something that obviously will be able to have some success in winding its way through the legislature," Smith said. “I think it's a good thing. It's the kind of approach we would take."