So said the about to become President Ronald Reagan in a 1980 Presidential Election Debate with Jimmy - the Peanut Farmer – Carter.
But before I get into the substance of this morning’s Blog – first a quiz:
What Right or Freedom transcends all the rest?
Why Freedom of Speech of course. Without Freedom of Speech, all other Freedoms are simply academic, that is to say, they exist on paper only and not in reality.
Some of you may be aware that the Township of Russell – just east of Ottawa, passed a Bylaw requiring all businesses to advertise their business in both official languages given the significant Francophone presence in its jurisdiction,
Sounds reasonable – n’est pas?
And indeed, if I was to own a business where two or more significant languages existed, I would like to think that I would voluntarily advertise in both of those languages be they French / English or Dutch / Chinese.
But the problem here is that the Businesses have been forced by law to do so – and that my dear friend offends the Right of Freedom of Speech.
So what does this have to do with President Reagan’s famous quote you ask?
Well dear reader, the Supreme Court has done it again. It has failed to uphold a court challenge against this discriminatory and unconstitutional bylaw.
When you look to the Court to act – such as in this case – it does not – and when you want the Court to refrain from ruling – such as in the case of gay marriage – it does. Gay marriage whether or not you agree with it – was such a fundamental change for our society that the matter should have rested solely with Parliament.
In the case at hand, two gentlemen spent their own recourses challenging the Township Bylaw in the Courts – one was a Francophone by the name of Jean Serge Brisson and the other, an Anglophone by the name of Howard Galganov. One wanted to retain the right to advertise in French, the other in English. Hypothetically, had a third joined – who was say, Chinese, that person might well have wanted to advertise just in Mandarin.
Regardless, the Claimants were told they were wrong, at every level of the judicial process.
You cannot be a little bit pregnant, nor can you have a little bit of free speech. You are either pregnant or you have free speech in all of its manifestations.
Today, as a result of this case, our right to Freedom of Speech, has been a little bit impaired thanks to the Courts who are expected to protect free speech as a result of the Charter and as a result of the English Common Law.
In the case of the Russell Township Sign Bylaw – the Courts have let us all down.
As I see it…
‘K.D. Galagher’
