Do Danielle Smith and her government actually believe in free speech? They say they do. Yet Albertans continue to be prosecuted for expressing their opinions on moral, political, and cultural topics.This week, Westlock resident Benita Pedersen is required to attend a human rights hearing that will drag on for weeks. Ms. Pedersen is responding to a complaint after she distributed flyers opposing a proposed rainbow crosswalk in Westlock. Ms. Pedersen is a local DJ, children’s entertainer, event coordinator, and workshop facilitator. In June 2023, after learning that the Town of Westlock planned to paint a rainbow crosswalk featuring colours associated with pride and transgender ideology, she created and distributed a flyer encouraging residents to contact local elected officials and oppose the project.In Ms. Pederson’s own words: “Based on my personal experiences in interacting with parents and children, I have learned that the practice of ‘gender affirmation’ harms kids more than it helps. When I composed the flyer, one of my objectives was to warn parents about the potential consequences of children pursuing the pathway of transgenderism.” It’s easy to blame Laurie Hodge, now a Westlock Town Councillor, for filing the complaint and using state power to silence an opinion she disagrees with.But the real problem is not Laurie Hodge. The real problem is that Alberta’s government continues to keep in place the oppressive and tyrannical law that is used to censor “politically incorrect” opinions: section 3 of the Alberta Human Rights Act.Sections 4 through 10 of the Alberta Human Rights Act prohibit discrimination in the areas of employment, wages, services, housing and tenancy, and other areas of civic life. These sections also effectively prohibit discriminatory signage like “Women need not apply” or “Jews not welcome here.”.Section 3 is fundamentally different because it is used to prosecute and punish Albertans simply for expressing their opinions on moral, social, and political issues. Courts have repeatedly interpreted section 3 as extending to all speech in Alberta, not merely discriminatory signage or advertising. Section 3 of the Alberta Human Rights Act undermines freedom of expression as protected by the Canadian Charter of Rights and Freedoms.This problem is not new. In 2008, Alberta’s “human rights” Commission ordered a youth pastor, Stephen Boissoin, to pay $5,000 to an activist university professor who disagreed with Mr. Boissoin’s letter to the editor, published in the Red Deer Advocate in 2002. After six years of “human rights” proceedings, this 2008 punitive censorship ruling was appealed to the Court of Queen’s Bench and eventually came before the Alberta Court of Appeal. The Court of Appeal ruled in favour of Mr. Boissoin in October 2012, more than ten years after the Red Deer Advocate had published the letter to the editor. Yes, the process is the punishment.In 2009, the CBC interviewed me about the Boissoin case, quoting me as follows: "Unfortunately, the law that was used against Rev. Boissoin to subject him to expensive and stressful legal proceedings for more than seven years is still on the books." And, 17 years later, under Premier Smith, this law is still on the books.Ms. Pedersen is not the only Albertan being censored right now. Leduc business owner and former municipal candidate Karen Richert currently faces a human rights complaint over publicly criticizing a “family-friendly” drag show in her community. Even if Ms. Richert succeeds in eventually having this complaint dismissed, she will still have been punished by the process. In contrast, the complainant can walk away without consequences..Free speech is a basic human right. How ironic it is that section 3 of the Alberta Human Rights Act violates a basic human right. Sadly, what I said in 2009 still holds true today: "… Albertans need to continue to exercise extreme caution when speaking about public policy issues, lest they offend someone who then files a human rights complaint … no citizen is safe from being subjected to a taxpayer-funded prosecution for having spoken or written something that a fellow citizen finds offensive."Repealing section 3 is long overdue. Alberta’s Legislative Assembly is back in session on October 27. How wonderful it would be for Benita Pedersen, Karen Richert, and all Albertans if this tyrannical restriction on free speech were repealed this fall.John Carpay, B.A., LL.B., is President of the Justice Centre for Constitutional Freedoms (jccf.ca), which is funding the legal defence for Benita Pedersen and Karen Richert.
