The draconian government defence of hate speech laws

I just printed off the Dept. of Justice brief in defence of the hate speech provisions (Subsection 13 (1) of the Canadian Human Rights Act.

Just skimming around I came across this horrifying argument.

37. Mr. Lemire complains that the prohibition against disseminating hatred via the Internet is not accompanied by the defences of truth and fair comment that are available to tradtional news media in torts ranging from defamation to seditious libel. This argument is misleading. The defences of truth and fair comment remain available to torts such as defamation and seditious libel, regardless of the medium in which they occur. However, none of the traditional media can avail themselves of these defences in cases of alleged hate propaganda, whether the communication appears in print, on television or on a website.

38. As the Federal Court has explained, defences that may be available in tort actions are not available in cases of hate propaganda because the prohibition is concerned with adverse effects, not with intent.

In case you are still sleeping, TRUTH AND FAIR COMMENT ARE NO DEFENCE WHEN IT COMES TO ALLEGED HATE PROPAGANDA. AND THIS IS THE OPINION OF THE CONSERVATIVE ATTORNEY GENERAL'S JUSTICE DEPARTMENT.

I guess that's why the new totalitarians equate Oriana Fallaci a journalist who told the truth, with Ernst Zundel an anti-Semite who lied because truth does not matter.

The brief then goes on to quote the Supreme Court of Canada's reasoning in the Taylor decision:

I am of the view that the Charter does not mandate an exception for truthful statement in the context of s. 13(1) of the Canadian Human Rights Act.

I feel like a coup d'etat has taken place and I have awakened to the aftermath.
And this egregious affront to civil rights and to the freedom to speak the truth in Canada is being perpetuated now by the Conservative government.

Woe is us. I have this awful, awful feeling that we're too late. The war has been won by the other side and there are just mopping up operations left, and those that will be mopped up will be those who try to speak the truth in ways that the elite power structure does not like. I no longer think my Tanks t-shirt is funny. I want to weep into it.