Farm killing tests limits to laws on hate speech
COLTEN BOUSHIE
SASKATOON • One of the many people who posted vitriolic online comments after the killing of Colten Boushie says he feels like an “idiot” and is filled with regret.
The Boushie case illustrates the disturbing trend of public online hate and racism, much of it from people emboldened to use their real names, says University of Windsor law professor Richard Moon. But before anyone hastily presses “post,” they should know the justice system theoretically treats online and in-person hate speech the same, he said.
“I don’t see why it would be any different,” Moon added.
Ben Kautz, a second-term councillor for the Rural Municipality of Browning in southeast Saskatchewan, posted to the Saskatchewan Farmer’s Group on Facebook: “In my mind his only mistake was leaving witnesses.”
Boushie was shot earlier this month north of Biggar after he and four friends allegedly pulled into a farmyard seeking help for a flat tire. Landowner Gerald Stanley has been charged with second-degree murder.
“It was a stupid thing to say. It wasn’t serious, (but) the damage is done. I’ve got to live with it,” Kautz said in an interview this weekend.
Premier Brad Wall, the National Farmers Union, the Federation of Sovereign Indigenous Nations, the Saskatchewan Association of Rural Municipalities and others have condemned the rabid online commentary. The RCMP, which is conducting hate speech investigations of some online comments in the Boushie matter, issued a warning Saturday.
“As we have stated earlier, there have been comments made on social media that are concerning and could be criminal in nature,” stated an RCMP news release. “We are asking everyone to remain respectful in their online communication.”
Kautz has faced a wave of online criticism, threats and angry phone calls. Some people have posted his home address and contact information.
He said he became angry when he heard the RCMP had arrested some of those in the car for theft. The post had nothing to do with race and was made before anyone knew who was involved, he said, noting he has Metis relatives.
But even if there was theft, Kautz said, it doesn’t justify killing: “If someone is in my yard, I’m calling RCMP. Selfdefence is the only thing that justifies shooting.”
No one in the vehicle that day has been charged with theft or any other offence. Many have slammed the RCMP for including the theft investigation in its news release, saying it blamed the victims and justified the shooting.
Kautz saw the farmer’s Facebook group posts begin to turn racist, and he removed his comment: “I didn’t want to be part of that.”
Moon said hate speech prosecutions are rare. The cases that are brought to trial often result in acquittal or successful appeal, the expert said. Moreover, the province’s attorney general must consent to the charge being laid “to ensure these are not weak or frivolous.”
Hate speech, which can include online posts or other writing, must be targeted at an identifiable religious, racial or other group. It must be public, and offenders have to realize their words are likely to cause hatred.