It’s A Mountain, Not A Molehill
Wednesday, June 24th, 2009Comedians everywhere are very lucky to be performing at the time that we are. We can step on stage any night of the week and say whatever we want and not be arrested, fined, or otherwise charged for obscenity or indecency. It was trailblazers like Lenny Bruce and George Carlin (among many others) that led the way for my profession to be free of fear when performing.
This luxury is not limited to comedians. Every North American (and, yes, many other places in the world as well… but not all of them) has the right to speak as they see fit. I cannot count the number of people that have died to ensure us this freedom, but it is NOT something to be taken lightly. This is a right guaranteed in Canada by The Charter of Rights and Freedoms as follows:
Everyone has the following fundamental freedoms:
- (a) freedom of conscience and religion;
- (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
- (c) freedom of peaceful assembly; and
- (d) freedom of association.
Source: http://laws.justice.gc.ca/en/charter/1.html#anchorbo-ga:l_I-gb:s_2
It is the word “expression” in point (b) that is important for this post. That means, you guessed it, freedom of speech. There is one exception to this freedom, and that pertains to speech that is considered to be “hate propaganda” (more information by clicking here). I understand, and acknowledge that limitation, but it does not apply to what has motivated me to write this.
This is what has motivated today’s post: A new bylaw in Sylvan Lake, Alberta, that gives peace officers the ability to fine people for swearing in public. Without doubt (and regardless of their motivation for passing such a law – which I’ll discuss in a moment) this is an infringement on the freedoms of every Canadian citizen as guaranteed through The Charter. This bylaw is an insult to the sacrifices made by countless millions.
Yes, this bylaw also creates new fines for activities such as vandalism – which is all well and good. That is one thing that laws are supposed to do: protect property (public and private). I would have no problem with this law had it not included the elements that make swearing “fineable”.
Now it seems as though common sense is trying to prevail as stated by one of the Sylvan Lake City Council members, Richard Backs:
“Obviously we’re not talking about some guy who says oh s***, oh eff, or whatever,”
“We’re talking about somebody who gets really quite loud and boisterous and just point-blank refuses to be quiet — if we’re dealing with someone who is obviously being consistent and obnoxious.”
Source: The Edmonton Sun. Article: Sylvan Lake to pass law against profanity. Written by Dave Dormer. Published on June 7, 2009.
The transition in these few sentences is telling. Mr. Backs quickly changes the issue from cursing into a matter of “loud and boisterous”. If it is loud and boisterous behaviour that they are trying to eliminate then there are already laws in place to do so. Fines for disturbing the peace or public drunkenness already exist. This $150 fine for cursing does not curtail loudness… it curtails freedom of expression.
His use of the word “obviously” also troubles me. Is this (or his) interpretation of the law “obvious” to those enforcing it? If it is obvious then why mention cursing at all (especially when loudness seems to be the main issue)? This wide breadth of interpretation should be of a major concern. Inaccurate laws create problems later when they are misinterpreted or abused.
It appears as though the intent of the law is to create a more affable environment for vacationers and the argument could be made that cursing in public hurts this environment. The rebuttal to this argument is simple: too bad. You DON’T have the right not to be offended. In fact, you’re likely going to be offended by something or someone everyday. You DO have the right to freedom of expression. You DO have the right to leave when being offended. Exercise the rights that you DO have, and let me, your neighbour, and that f-bomb-droppin’ punk in Sylvan Lake do the same thing. Our freedom of expression is more important than your social comfort while wake-boarding.
My friends have questioned why I have attacked this topic with such gusto. They lament that, “it’s just Sylvan Lake.” While this individual bylaw is a mere pebble in the landscape of our society I urge you all to remember that societies (like people) trip over pebbles, not mountains. The rights of people are not always taken away with one fell swoop… but sometimes by the culmination of “acceptable” changes over a long period of time. So while, yes, Sylvan Lake is a mere pebble, this particular topic warrants a mountain of our attention.











