Canadian Human Rights Commission Free Speech Controversy - Statement On Freedom of Speech By CHRC Investigator Dean Steacy

Statement On Freedom of Speech By CHRC Investigator Dean Steacy

In an exchange during the Marc Lemire case, lead CHRC investigator Dean Steacy was asked "What value do you give freedom of speech when you investigate?" Steacy responded:

In the same transcript, Mr. Steacy later repeated that "freedom of speech is an American concept, it is not a Canadian concept" but added that a person stating that they were protected by "freedom of speech," would be equivalent "to somebody raising a 'freedom of expression' concept," which Mr. Steacy stated was protected under Canada's Charter of Rights and Freedoms "to a point." He later added that "you don't have the right to say absolutely anything you desire, especially when it's in written format."

Jonathan Kay of the National Post criticized Steacy's remarks, stating that: "for an organization that is supposed to promote "human rights," the HRC's agents seem curiously oblivious to basic aspects of constitutional law." He added that, in Mr. Steacy's mind, "Section 2 has been excised from his copy of the Canadian Charter of Rights. Kay also stated that "someone lacking such basic general knowledge apparently occupies a senior position in the "Human Rights Commission" is cause for serious concern, and certainly an audit of the whole CHRC apparatus."

Senator Doug Finley later criticized Steacy, stating that "He actually said that. The Canadian Human Rights Commission actually admits they do not give free speech any value. That is totally unacceptable. Freedom of speech is the great non-partisan principle that every Member of Parliament can agree on — that every Canadian can agree on." He also called on the Canadian Senate to "reaffirm that freedom of speech is a great Canadian principle that goes back hundreds of years."

Writing in The Lawyers Weekly in October 2011, Toronto lawyer Omar Ha-Redeye cited Steacy's statement to support his view "Restrictions on freedom of expression are acceptable in Canadian law where reasonable goals toward promoting democracy are identified."