BartSimpson BartSimpson:
I'm not defending what he said, mind you. It's just that I have serious issues with entrusting anyone to be the arbiter of what is or is not 'hatred'.
In Canada, we don't have any "one" being the arbiter of what constitutes "hatred". The police have to gather enough evidence of the promotion of hatred; they need to be convinced. They take it to the Crown attorney, who also needs to be convinced. The Attorney General of the particular province, in this case BC, needs to specially approve the charge; they need to be convinced too.
At trial, a jury of 12 people need to be convinced
beyond a reasonable doubt that the accused willfully promoted hatred. If so, they can convict. The Judge needs then be convinced that the conduct was deserving of jail time and how much.
Don't confuse our criminal trials with our human rights commissions. If it were the BC HRC doing this, I would totally understand your point.