An 18-year-old man from Ontario, criminally charged with public incitement of hatred toward the transgender community, is now being defended by the Democracy Fund (TDF)..It is alleged the man hung posters at a public high school that contained a QR code linking to a video that, it is alleged, was hateful toward the transgender community..TDF said it is now defending the man who is criminally charged with public incitement of hatred..Founded in 2021, the TDF is a Canadian charity dedicated to constitutional rights, advancing education and relieving poverty..TDF said it promotes constitutional rights through litigation and public education. It also supports access to justice initiatives for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic..The allegations, of "public incitement of hatred" have not been proven in court..The offence of public incitement of hatred is committed when a person communicates statements in a public place that incite hatred against an identifiable group..The maximum punishment is two years imprisonment..Alan Honner, TDF’s litigation director, explains, in the criminal context, the term "hatred" has been interpreted as an emotion of an "intense and extreme nature” that is clearly associated with the “vilification and detestation” of an identifiable group..As interpreted by the courts, Honner said expression is not criminal merely because it ridicules, belittles or affronts the dignity of a person..TDF said it decided to assist in the defence of the accused young man because of its mandate to "preserve and promote civil liberties, including freedom of expression."."As a majority of the Supreme Court of Canada recently affirmed in Ward v. Quebec, freedom of expression does not exist unless it gives rise to a duty to tolerate what other people say," TDF said.."A society which only protects conventional or harmless expression is not a free society."
