BILL C-63 - Everything You Need to Know | Bruce Pardy & Konstantin Kisin | EP 442

Added: Apr 23, 2024

Bill C-16 and the Erosion of Free Speech

The conversation begins with a reflection on Bill C-16, which was passed eight years ago in Canada. This bill added gender identity and gender expression to the Canadian Human Rights Act, sparking concerns about compelled speech and restrictions on free expression. Pardy and Peterson were among the few who raised alarms about the potential consequences of this legislation, which has since led to issues around pronoun use and free speech.

Expansive Legislation and Administrative Bureaucracy

The discussion then shifts to Bill C-63, which Pardy describes as C-16 on steroids. The bill contains three main components: an administrative aspect focused on protecting children from online harm, criminal code amendments, and amendments to the Canadian Human Rights Act. Pardy highlights the expansive nature of the bill, particularly the administrative component, which creates a new bureaucracy with broad and undefined powers to regulate online platforms. This shift towards an agile government that can make and enforce rules without clear legislative oversight raises concerns about the erosion of the rule of law.

The Ideological Underpinnings of Legislation

Konstantin Kisin adds a perspective from the UK, noting similar trends in legislation that prioritize safety and protection over free speech. He points out the ideological pre-commitment to certain axioms, where crises are used as opportunities to push forward restrictive measures under the guise of public health or security. Kisin emphasizes the importance of framing the conversation around the trade-offs between safety and freedom, rather than assuming that more regulation will always lead to better outcomes.

Challenges to Free Speech and Legal Institutions

Bruce Pardy delves into the challenges facing free speech in the current legal landscape, where administrative bodies and human rights commissions operate with limited adherence to traditional rules of evidence. He discusses the blurred lines between courts and administrative tribunals, highlighting the trend of decision-making being shifted away from judicial oversight towards executive control. He acknowledges the presence of excellent judges in Canada but notes the increasing influence of woke ideology in legal institutions.

The Impact of Wokeism on Legal Systems

Both guests touch on the broader impact of woke ideology on legal systems, with Kisin highlighting the infiltration of critical theory and social justice principles into various institutions, including the law. Pardy emphasizes the need to recognize the vulnerability of the law to ideological influences and the importance of upholding the rule of law in the face of increasing managerialism.

Equality Under the Law

The conversation delves into the concept of equality under the law and how it has evolved over the years, particularly in relation to the interpretation of the Charter of Rights and Freedoms. Pardy highlights a significant Supreme Court of Canada case where a voluntary job-sharing program in the RCMP led to unequal outcomes between men and women, resulting in a ruling that deemed the program unconstitutional under the Charter.

Hate Speech Laws

The conversation then shifts to the issue of hate speech and the implications of legislation such as Bill C-63 in Canada. Kisin raises concerns about the subjective nature of defining hate speech and the potential for abuse in anonymous denunciations. The guests discuss how the concept of hateful speech is being used to restrict freedom of expression, particularly in the context of comedy and satire. They point out the dangers of allowing individuals to determine what constitutes hate speech based on their own perceptions and motivations.

Pardy and Kisin also touch upon the broader implications of hate speech laws, particularly in relation to protected categories and discriminatory practices. They highlight the unequal application of hate speech laws, where certain groups are deemed more equal than others. The discussion delves into the dynamics of oppressor-oppressed relationships and how this framework shapes the interpretation of hate speech laws.

Anonymous denunciations and pre-crime

Another key point of discussion is the provision in Bill C-63 that allows for anonymous denunciations, which can lead to individuals being accused and penalized without due process or the ability to confront their accusers. The concept of pre-crime is also explored, where individuals can be punished for actions they might potentially take in the future based on perceived threats. This raises concerns about the erosion of civil liberties and the arbitrary exercise of state power.

Challenges in the legal profession

The conversation then shifts to the lack of widespread awareness and opposition to the dangers posed by Bill C-63 within the legal profession. The guests discuss the factors that contribute to this, including a lack of clarity in laws, a culture of deference to authority, and the influence of ideological biases in legal education. They also touch upon the challenges of navigating the legal system and the complexities of access to justice.

Suspicion of Authority

Pardy shares his personal motivations for speaking out against the status quo, citing a long-standing suspicion of authority and a desire to understand and challenge the rules that govern society. He emphasizes the importance of questioning the system and advocating for individual freedoms, even in the face of opposition. His approach involves a commitment to rational discourse and a focus on principles rather than personal attacks.

The conversation delves into the divergent views within the legal community, with Bruce Pardy standing out as a voice of dissent against prevailing ideologies. The guests discuss the influence of academic institutions, the managerial class, and societal trends on shaping legal perspectives. They highlight the need for critical thinking, independent analysis, and a willingness to challenge established norms within the legal profession.

Freedom and Responsibility

Pardy and Kisin discuss the concept of freedom and its relationship to personal responsibility. They debate whether individuals should have the freedom to make choices that may be harmful to themselves, such as undergoing gender reassignment surgery. Pardy argues that there should be limits to personal freedom when it comes to actions that have negative consequences for society as a whole. Kisin, on the other hand, advocates for individual autonomy and the right to make decisions, even if they are perceived as harmful by others.

The Role of the State

The conversation delves into the role of the state in regulating personal behavior and addressing societal issues. Pardy and Kisin examine the idea that the state is often seen as a savior that can solve all problems, leading to an increase in government intervention in people's lives. They discuss the dangers of relying too heavily on the state to address social problems, as it can lead to a loss of individual agency and personal responsibility.

Solutions and Alternatives:

As the discussion progresses, Pardy and Kisin explore potential solutions to the challenges facing modern society. They highlight the importance of distributed responsibility and the need for individuals to take ownership of their actions and decisions. Pardy emphasizes the role of personal conscience in guiding individuals towards meaningful engagement with the world around them, while Kisin stresses the value of learning from mistakes and taking on responsibility for one's own life.

The Apocalyptic Landscape

The conversation touches on the apocalyptic imagery of the Scarlet Beast and the Whore of Babylon from the Book of Revelation, symbolizing the degeneration of the state and society. Pardy and Kisin draw parallels between these archetypal figures and the current state of affairs in the Western world, where institutions that once regulated human relationships are crumbling, leading to a reliance on government intervention and legislation to address social issues.