In reading the news over the last couple weeks, it hasn't escaped me that some Canadians are harbouring some misconceptions about the right to free speech in this country.
A minor housekeeping item is the terminology. In Canada, our "freedom of expression" is enshrined in the Charter. "Freedom of speech" is an American term and their rules are slightly different.
A larger misconception is what freedom of expression gives you the right to do. Freedom of expression is the right to communicate your opinions and ideas without government interference or persecution, and even that is limited by legislation and statute.
I may believe running an ABC election campaign from the intersection of Duke and Barrington would score me a lot of media coverage, but there are laws that say I'm not allowed to stand in traffic. I can't express myself at 4:00 a.m. by having a rock concert in my backyard. I live in the city. Even north-end Dartmouth has noise bylaws.
I do not have a right to incite violence or hatred, nor do I have a right to lie to cause a person harm.*
But the granddaddy of all misconceptions is that freedom of expression is absolute. No one has absolute freedom of expression. No one. **
Freedom of expression is not freedom from consequences of expressing yourself. Freedom of expression means I won't be thrown in jail for writing "Stephen Harper is the worst prime minister Canada has ever had," but I will count myself out of a job with the Conservative Party (for life, and I'm okay with that, because he is that awful and I'd end up fired anyway).
The people who defend this guy, let's call him FHRITP, and say FHRITP doesn't deserve to lose his job, do not understand freedom of expression. While they may feel it is an inalienable right for FHRITP to scream obscenities at a female reporter (the actual legality of this is questionable), it is also the right of every human being that isn't a misogynistic emotionally-stunted jerk to express their opinions about FHRITP's actions. Including his bosses.
Those opinions lead to a review FHRITP's employment contract and subsequent firing. Freedom of expression is also limited by employment contracts, video footage, and stupidity.
A jewelry store in Mount Pearl, NL, sold a lesbian couple a set of engagement rings and before the rings were ready posted an in-store sign stating "the sanctity of marriage is under attack. Let's keep marriage between a man and a woman." To be sure when the owner said "it seems to be a Canadian right to post what you believe," he wasn't wrong. Freedom of expression does give him the right to express his beliefs. But it also gives others the right to express theirs.
Those beliefs are why the jewelry's Facebook page is shut down and the girls got a refund. Freedom of expression is also limited by capitalism, social media, and the notion of equal treatment under the law. ***
Freedom of expression is the right to express opinions and ideas. They can be wildly popular or wildly unpopular. They can be deeply held or off the cuff. What they can't be, by virtue of freedom of expression, is immune to the opinions and ideas of others.
Everyone has a right to share their opinions and ideas, even if offensive. I encourage everyone to let theirs out visibly and loudly. Get yourself out there! Be heard! Consider it a public service for everything from dating to HR.
Freedom of expression does not equal freedom from consequences. Govern yourself accordingly. Or don't, just don't act surprised when the expressions of others bite you back.
*Government houses have entirely different rules.
**Maybe Kim Jong-un, but everyone who isn't afraid of being murdered by him hates him. I'm sure those people hate him too, they just don't want to die.
***The good book was used to defend slavery, segregation, and the complete subjugation of women. Western society has more or less adjusted to those things as being wrong and kept the faith. I highly doubt allowing Adam marry Steve and Eve marry Amy packs enough punch to crumble that bedrock.
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