Freedom of Expression

Canada

Aggression and Threats

1.                  In July 2001, Tahir Aslam Gora, a Pakistani print and radio journalist living in Toronto, received threatening telephone calls at the community radio station where he hosts an Urdu-language program, as well as anonymous e-mail threats.  Gora had also been the victim of death threats and other acts of intimidation earlier in the year, presumably due to his critical stance on a number of issues relating to both Islamic religious practice and the local Muslim community.  Toronto police have investigated the death threats, but to date have not arrested or charged any suspects.[1]

Detentions

2.                  On April 20, 2001, Charles East, an American photographer for the Sipa agency, was arrested in Quebec City while covering the Summit of the Americas for Time magazine.  Policemen reportedly mistook East for a similarly-dressed demonstrator who had thrown stones at a policeman, although he wore a helmet with an inscription indicating that he was a member of the press.  East was released after three days in detention, but continues to face charges for conspiracy to hide his identity by wearing a gas mask, conspiracy to participate in a riot, contempt for a police officer, at whom he is accused of having thrown stones, and resistance during his arrest.[2]

3.                  On June 24, 2001, the Royal Canadian Mounted Police (RCMP) seized video footage shot by reporter Todd Lamirande, of the Aboriginal People’s Television Network (APTN), during a clash in Sun Peaks, British Columbia between protesters and local supporters of the proposed development of a ski resort in the area, which turned violent. The RCMP copied the tape and used it as evidence during a bail hearing for a person charged with mischief arising out of the protest.  The RCMP later returned the original tape to Lamirande.  The APTN is bringing legal action against the RCMP, alleging that Lamirande was illegally detained and that he was subject to an illegal search of his APTN vehicle and seizure of property, including the videotape.[3]

Legislation

4.                  On December 18, 2001, the Governor General of Canada Adrienne Clarkson promulgated anti-terrorism Bill C-36, after it was passed by the House of Commons and the Senate.  Some nongovernmental organizations have criticized some provisions of the law, which may affect the protection of sources and the disclosure of information of public interest, as overly restrictive of freedom of expression.  The main criticisms concern the broadness of the statute’s language and the severity of the punishments for some infractions.[4] The Office of the Special Rapporteur recalls that restrictions on freedom of expression and access to information must be necessary to achieve a pressing governmental need and narrowly tailored to meet that need.[5] There is no doubt that preventing acts of terrorism is a completely legitimate and pressing governmental need. However, when restrictions on the disclosure of information are drawn in a manner that is over-broad or vague, they could restrict freedom of expression unnecessarily, causing damage to the democratic fiber of society.  Additionally, punishments must be proportional to the seriousness of the infraction in order to minimize the limitation on freedom of expression.

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