Montreal Police want to crush your Freedom of Speech

Critics pan Montreal's cop slur bylaw
 

Fines for insulting police 'an exercise in foolishness,' says civil liberties group
 
By Marianne White, Canwest News ServiceJanuary 29, 2009 2:01 PMBe the first to post a comment
 
 

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The Montreal police brotherhood says officers have had enough of being called names such as 'pig' and 'doughnut-eater' - and argued that a proposed bylaw banning such talk is aimed at bringing respect back on the streets.
Photograph by: Pierre Obendrauf, Montreal Gazette

QUEBEC - A move by Montreal to make it illegal to insult a police officer is drawing ridicule and free-speech warnings.

The Montreal police brotherhood says officers have had enough of being called names such as “pig” and “doughnut-eater” - and argues the proposed bylaw is aimed at bringing respect back on the streets.

“I didn’t know that a thin skin accompanied flat feet. Now I see they go together,” quipped Alan Borovoy, general counsel of the Canadian Civil Liberties Association.

He said Montreal’s plan to fine citizens who express their “displeasure” at police officers is unacceptable.

“This whole proposal is an exercise in foolishness not worthy of being taken seriously,” he said. “I have never heard anything like this.”

The Canadian Police Association and the Canadian Association of Chiefs of Police both said they are not aware of the existence of comparable bylaws across the country, even though they do exist in other municipalities in Quebec.

Borovoy stressed the Charter of Rights and Freedom guarantees the freedom of speech and that includes the freedom of saying nasty and offensive things.

That also applies when dealing with state authorities, said Windsor University law professor Richard Moon. “We have to accept that however hard it might be on the individuals involved and how unfair it might seem, that as representatives of the state they (the police) might have to endure some of that because we’re committed to freedom of expression,” he said.

“I’m not saying it’s acceptable to go around insulting the police, but at the same time I’m not sure it ought to be made unlawful.” The law professor, who specializes in freedom of expression issues, noted those who try to impose standards of civility and limit free speech are playing a dangerous game. There is no question such a bylaw would raise serious concerns that it would breech the charter of rights,” he said.

Montreal said this week it is mulling a request from the police force to allow officers to issue tickets to anyone who verbally insults them. The Montreal police brotherhood has argued the bylaw is aimed at bringing respect back on the streets.

But other larger Canadian cities don’t rely on such measures. Police spokesmen in Toronto, Winnipeg and Vancouver said similar bylaws don’t exist in their jurisdiction. “And it is not being discussed,” pointed out Vancouver Const. Tim Fanning.

Pierre Bosset, a law professor at the Universite du Quebec in Montreal, warned this measure could have pernicious effects. “Some people might feel provoked while other could censor themselves by fear of being fined.”

He noted the shooting of 18-year-old Freddy Villanueva by Montreal police last summer only added to tensions between citizens and officers. “I’m sure there are other ways to restore confidence and respect without infringing on freedom of speech,” he said.

Montreal said its lawyers are looking at the feasibility of the project and stressed 63 municipalities in Quebec have bylaws that allow officers to issue non-criminal fines to insult-hurling citizens.

The head of the legal department for the Montreal police said they have looked at judicial precedents. “Some of the offenders contested their tickets arguing they didn’t insult the officer, but in all the cases we’ve looked at no one invoked the freedom of speech and the charter,” said Alain Cardinal.

Some of those bylaws in other municipalities, notably in Quebec City, date back more than a century and municipal officials admit they are not resorting to it very often.

The most high-profile case dates back to last November when Quebec City Mayor Regis Labeaume was fined $100 for allegedly insulting a police officer at a recent university football game. His administration was at the time, and is still, in contract negotiations with the police force. The mayor has not said if he will challenge his fine in court.

Bosset - the Quebec law professor - said it is certain someone will eventually challenge such a bylaw in court.

He said prosecutors would have to work hard to prove they are pursuing an important goal and that the law is a justified restriction on free speech.

“The Supreme Court of Canada considers as an important goal, for instance, protecting society against hate speech and pornography. What is the state trying to do with this law? Improve police work? Protect the ego of police officers?” Bosset asked.

Jurists questioned how the city will define the word insult, noting it can be subjective.

“But people who call them such names might not perceive this as an insult,” professor Moore said, adding the crafting of such a bylaw promises to be a huge challenge.

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