Freedom of speech brings the right to be free from harm
The power that our words carry is a theme that I often go back to, an idea that I have spent a lot of time reflecting upon. Long before I read the text of the Canadian Charter of Rights and Freedom or understood the ramifications of its counterpart, the Criminal Code of Canada, I knew some words were intrinsically good or bad:
Swear words, disrespectful; compliments, positive; namecalling, hurtful; constructive advice, beneficial; lies or false information, negative.
I knew that in the Qur’an, Allah told the people to “speak good words” [33:70] and to “say that which is best” [17:53]. So, choosing words that have a positive effect was a no-brainer. I knew also that even the manner of how we spoke mattered. Allah also said in the Quran to “speak to people kindly” [2:183].
The encouragement to use words positively was emphasized from early on, as it is across society, and especially in schools, today. Two of the earliest Prophetic Sayings that I had encountered centred around this: “Whoever of you sees and evil, then let him change it with his tongue…”
The second one introduced a new concept to this idea of positive words. It was the idea that words could be used in a positive or a very negative way to have an intended effect: “If you have nothing good to say, then be silent.” With this second, simple teaching the lesson of the existence and inappropriateness of negative words was taught.
So, when in high school, I decided to enter a literary contest with a piece of writing on free speech versus hate speech in Canada, it did not seem odd or inappropriate at all that these two pieces of legislation should exist side-by-side.
The research for the paper revealed Section 2 of the Canadian Charter of Rights and Freedom, which we consider the cornerstone of our society, as well as Sections 318, 319, and 320 of the Criminal Code.
The first outlined and enshrined the right to free speech for every person. The other detailed to me the limits that must simultaneously be respected.
“Everyone has the following fundamental freedoms: freedom of conscience and religion; freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication; freedom of peaceful assembly, and freedom of association.”
The existence of hate speech laws limiting free speech laws is controversial for a small, but vocal, segment of the population. They ask, if it is free speech, then how can we have limits? But for most of the population, and thankfully also for Parliament and the courts, it is an unsubstantiated argument.
Our rights are not unlimited. They come with responsibilities and can be removed in extenuating circumstances.
For example, the right to mobility is Section 6 of the Charter. It is accepted unequivocally that if you hurt someone, there will be arrest and/or imprisonment as punishment to the person, deterrence to others, prevention of repetition, and protection for the victims.
Well, words can hurt too. And in those cases, I am thankful that the freedoms that enabled the harm can be limited too.
Of the 34 sections to the Charter, Section 2 (the fundamental freedoms) is probably the one with which Canadians are most familiar.
It touches our lives on an everyday basis, and we have come to value it as the foundation of a diverse and democratic society.
But, even more significantly, we have become acutely aware of how unique our take on this fundamental freedom is, even among other democratic countries. And I am thankful for that.