Use of publication bans in democratic and free societies has quietly and almost imperceptibly been on the rise. Not long ago these bans were only considered if the integrity or fairness of a trial was in serious jeopardy and that was rare. Canada had a strict legal framework governing such bans to ensure they were necessary and proportionate. Recent use appears to be much broader and often heavy handed.
Traditionally, top countries to behave in this manor were China, Russia, Saudi Arabia, Iran, and Turkey. The theme was typically to quell “political dissidents” often at the expense of human rights. Alarmingly, Canada’s usage seems to parallel an admiration for China expressed by the governing party. Bans mostly seem to involve political situations and/or ideas which don’t seem to merit a ban at all.
Common practice in publication bans is to implement them to protect the integrity of the legal process without infringing on the rights of the accused or prohibit their right to consult with counsel. A person’s right to a fair trial, legal strategy, and due process should not be affected but somehow in an Ottawa Police case involving alleged discreditable conduct, the accused has been denied that right. How could this case be so sensitive to the nation that a ban would go so far as to deny the right to counsel until court resumes at a later date? Is this not one sided in that only one party may continue to prepare while the other cannot?
Ethics and human rights considerations have been sidelined along with due process and the right to a fair trial. Those are not Canadian values – at least not the Canada most grew up in. What we are witnessing is nothing short of the violations otherwise associated with communist regimes. It goes well with efforts to quell online speech and call everything someone may be offended by as hate in the name of good works.
Unfortunately, this pattern has been seen before resulting in poems that talk about silence until it was too late. Will Canada wake up in time to save fundamental freedom or will it simply parish without even a whimper?