Right-wing blogger charged with hate crime
Convictions for wilful promotion of hate extremely rare, says U of W law professor
The controversial blogger who claimed St. Clair College was almost “shot up” by Muslim “psychopaths” is now facing a charge of promoting hatred.
Kevin J. Johnston, the Mississauga resident behind the rightwing website FreedomReport.ca, was arrested by Peel Regional Police on Monday.
Johnston was charged with one count of wilful promotion of hatred, under the Criminal Code of Canada.
According to police, Monday’s arrest was the result of a lengthy investigation. Officers received consent from the Ontario Attorney General’s office before moving forward against Johnston.
Peel Regional Police said they looked into “numerous incidents” that had been reported to them concerning Johnston and postings on various social media platforms.
Johnston made a court appearance in Brampton the same day as his arrest.
University of Windsor law professor Richard Moon, an expert on free speech issues and the Canadian Charter of Rights and Freedoms, noted that prosecutions under section 319 (2) of the Criminal Code are rare — and convictions are even rarer.
“The courts are pretty clear: We’re talking about cases of really extreme speech,” Moon said. “It’s speech that, if taken seriously, you’d have to conclude we need to take radical action against members of a group — violent action or total exclusion from society.”
Charges under that section can only proceed with the consent of the provincial Attorney General. “This requirement is exceptional and applies to only a few of the Criminal Code prohibitions,” Moon pointed out.
“The Crown must believe they have a strong case. They may also have decided that it is important to take action in response to the growth — and greater virulence — of anti-Muslim speech in Canada.”
As for the suggestion that the arrest of Johnston is an example of how hate speech laws restrict freedom of expression, Moon replied: “We do have limits on free speech at different times. It’s certainly the view of lawmakers and our courts that there is good reason and justification for limits on speech.”
Johnston, 45, describes himself as an author and editor, as well as responsible for local business marketing and advertising in the Mississauga Gazette.
His Freedom Report website bills itself as “the last great bastion of honesty and freedom in Canada” and vows to fight “left-wing nutjobs” and “social justice warriors.”
On July 4, Johnston published a video on his website accusing OPP and the media of hiding the truth behind an incident that occurred in Windsor on April 26.
While investigating a serious two-vehicle collision on Highway 3, police discovered firearms in one of the vehicles — including a sawed-off shotgun and a .22-calibre rifle.
The occupants of that vehicle — Tariq Elamin, 27, and Satvir Singh, 21 — now face an array of gun charges.
“No real news outlet is going to report what really happened here,” Johnston ranted. He described Elamin and Singh as Muslim “maniacs” who were “on their way to kill people — shoot up St. Clair College.”
OPP have denied Johnston’s story, dismissing his claims as “unsubstantiated” and “not true.” St. Clair College officials have stated there was never a threat to campus staff and students in the incident.
Windsor lawyer Maria Carroccia, who is representing Singh, said Johnston’s video is “obviously racist.”