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Bruce Miller's avatar

A. Violation of Section 2(b) – Freedom of Expression

The speech criminalized under s. 319(2.1) is ideological and historical opinion, falling squarely within the protective scope of s. 2(b), per R. v. Keegstra, [1990] 3 S.C.R. 697 and R. v. Zundel, [1992] 2 S.C.R. 731.

Limiting such expression requires justification under s. 1 of the Charter and must not be applied selectively or in a manner that targets particular viewpoints.

The Crown’s current application is politically selective—prosecuting certain forms of historical denial while enabling present-day state denial, even in the face of ICJ findings.

B. Violation of Section 15 – Equality

The statute has not been applied equally to all instances of genocide denial or downplaying. For example, statements by Canadian officials minimizing atrocities in Gaza have not triggered any criminal investigation or censure.

This constitutes viewpoint discrimination—where one genocide (e.g., the Holocaust) is afforded full legal protection, while others (e.g., Gaza, Rwanda, Afghanistan, Yemen) are ignored or denied with impunity.

This offends the principle of equal protection and equal benefit of the law under s. 15.

C. Violation of Section 7 – Fundamental Justice

The selective application of s. 319(2.1) undermines procedural fairness and the rule of law. It allows arbitrary and discriminatory prosecution based on ideological content, rather than consistent legal principles.

This undermines the integrity of the criminal justice system and violates the principles of fundamental justice required under s. 7.

D. Section 24(2) – Disrepute of the Justice System

By criminalizing citizens for "genocide denial" while the State itself is engaged in minimizing, denying, and assisting an active genocide (as per international legal findings), the administration of justice is brought into disrepute.

The contradiction is stark, indefensible, and corrosive to public confidence in the rule of law.

Billy Bob's avatar

I’ve never heard or seen anything about this guy so I found one of his podcasts. It was superb as a propaganda piece which evidently upset Canada’s government propaganda folks. Perhaps his incarceration is to turn him into one of theirs…not to silence him as he does produce an excellent product.

It is indeed an information war and the recruiting for the best producers seems to be in place.

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