Criminal Libel. A law in the criminal code of Canada that's been found to be unconstitutional in three provincial courts. The Canadian Civil Liberties Association is deeply concerned that this law is being held against a Canadian, and suggests they are ready to intervene.
There have been plenty of newspaper articles on the subject. CBC, CTV, and numerous independent news sources in print and online, have covered what seems to be considered by some as an outrageous act by our municipal police who have a long colorful history in regards to the "accused"
I believe in the rule of law. I believe in the Canadian Charter of Rights and Freedoms. I think most Canadians would agree with that statement. However, when I read the comment section of the CBC news articles regarding Charles Leblanc, and the charge of criminal libel, I am almost at a loss for words. That doesn't happen very often.
Some people like Charles Leblanc, some don't. We don't convict people to jail sentences for up to 2 years because 'some people don't like you'. Some have said "he had it coming, he's a loud mouth". Again, I don't see a criminal element in that statement worthy of incarceration. One particular irksome quip was "the police don't know what else to do with him", well, the Fredericton Police Community Policing Policy (online at fredericton.ca) seems to suggest they are working hard at understanding and dealing with people with mental health issues. Really? The police department failed miserably on this PR task. The comments are shocking. People actually suggesting we lock people away in jail for being 'annoying', 'outspoken', or even lacking social graces.
Some of the residents of Fredericton support Charles Leblanc and are regular readers of his blog. Charles can sometimes pump out news articles hours before mainstream media picks it up, if they pick it up at all. He's downtown in the thick of things. Community events, protests, the political landscape, he covers it all. Some would call him a journalist, others boo and hiss that unless he carry's a degree in journalism, he's just a guy with time on his hands.
There are some that dislike Charles Leblanc, but are still able to understand the seriousness of the local police using s.301 against a citizen. To me, that is rational thinking. Being able to understand that even if someone is considered an 'asshole' in their view, still has the same rights as they do, under the charter of rights. Kudos for rational thinkers.
The police have released some bits and pieces of the ITO to the local newspaper, which most people don't read since the newspaper put a pay wall up on it's site. They are asking more $ than a New York Times subscription, I wish them well with that. Most, if not all residents are aware that with a library card they can read the articles online for free.
The legal community in Fredericton is 'mum' regarding the case. I have put out some inquiries but no one seems to want to be involved in any way. I finally was able to get an explanation from one source, who, 'wishes to remain anonymous', that the legal community in Fredericton relies heavily on the business of government for their hard earned pay. Now it makes sense to me why no eager lawyer, devoted to upholding our rights and freedoms, has come forward. My source suggests that "they (the legal community in fredericton) feed from the government troughs, and aren't willing to risk that". That's wonderful, a legal community that abandons unpopular cases because of politics?
As of late, it's been suggested in local news that the mayor has not followed the rule of law regarding the occupy frederiction eviction, citing a questionable or incomplete bylaw. Meanwhile, supporters of the mayor say (comments publicly made on the CBC and CTV websites) "you did what you had to do", and "we support you, those occupiers need to go have showers and get haircuts".
Fredericton boasts that it's a multicultural and diverse city. Comments on the CBC and CTV website don't suggest that is true at all. The comments suggest that Fredericton residents are intolerant of the poor and homeless community. Comments also suggest that young people with long hair, are homeless hippies. Comments also suggest that the unemployed and people on welfare, are lazy people taking advantage of the system. Tolerant? Not even close.
It would appear that many Fredericton residents don't know what the Canadian Charter of Rights and Freedoms is, or why we have it in place. Even more shocking is the inference that it shouldn't be used to protect a citizen who they personally may not 'like'. That type of ignorance coming from a community that has been listed at one of the 'top seven intelligent communities'. Sadly, the commentary coming out of the population hasn't sounded very intelligent at all.
I think the Mayor, everyone in city hall, including the police department, should invite the CCLA to visit and give them a course of civil liberties, how they apply to ALL Canadians, and why they need to be respected.
The argument has been taken to the public arena now, and it can only make the police department and city hall look more and more tyrannical and abusive. Libel chill has filled the air, and only a handful of people are ready and willing to speak out about it, I am one of those people.
I believe in the Canadian Charter of Rights and Freedoms. It's for me, and you. It's for my friends, my family, and my foes and naysayers. It's for the law abiding, and for the criminally convicted. It's for the rich, and the poor. It's for those with mental health issues, and for the scholars. It's for EVERYONE, and when citizens lightly make comments that the charter shouldn't protect 'some people', it shows the ignorance and complacency that has permeated our community.
I can only hope that some of the residents of Fredericton open their minds and eyes to what arresting someone using s.301 of the criminal code actually means, and why it should be removed from the criminal code. The CCLA believes that, and so many other powerful intelligent lawyers and professors around the country.
If the Fredericton Police Force, and the Crown, proceed with the actual charge of Criminal Libel under section 301 of the criminal code, the case will set a precedent to all of those facebook users who might hurl an insult via text online. Slander is spoken, libel is written, so the law states. People across the country could be hauled in to answer to a one line quote that hurt someone else's feelings. But, according to some residents in Fredericton, "lock them up and throw away the key". Clean streets and a zombie like population that knows better than to challenge or complain about anyone in authority. When we can't criticize and challenge the people we have elected, we cease to remain a free society.
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