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  1. #1
    Senior Member Perch420's Avatar
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    Default Comedian, Vancouver restaurant ordered to pay for insults against lesbian.

    http://www.vancouversun.com/business...851/story.html

    How stupid is this? You don't have a right not to be offended; if you don't like something, leave. Nobody imposed anything on this woman. This is ridiculous and sets a dangerous precedent. Hurting someone's feelings is now literally against the law.
    “Tolerance is the virtue of the man without convictions.” - G. K. Chesterton

  2. #2
    Senior Member Survive & Stay Free's Avatar
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    Very few things are afforded as much legally enforced respect these days as this.

  3. #3
    Order Now! pure_mercury's Avatar
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    Canada is a lovely country in a lot of ways, but its national commitment to free speech and civil liberties is severely lacking.
    Who wants to try a bottle of merc's "Extroversion Olive Oil?"

  4. #4
    nee andante bechimo's Avatar
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    Despite the charter’s emphasis freedom of speech, though, sections 1 and 15 both leave room for laws that limit such freedom —including the hate provisions in sections 318 and 319 of Canada’s Criminal Code, and section 13 of the Human Rights Act. Other offences, such as obscenity and child pornography, could also challenge the limits of individual freedom of expression, as prescribed by section 163 of the Criminal Code.
    http://www.media-awareness.ca/englis...ht_free_ov.cfm

    Canadian and American constitutional and criminal law differ.

    The article was a bit scattered in its timeline about who did and said what, when. In other words, who fired the first shot across the bow and how did it escalate from there.

  5. #5
    Order Now! pure_mercury's Avatar
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    Quote Originally Posted by Jenaphor View Post
    http://www.media-awareness.ca/englis...ht_free_ov.cfm

    Canadian and American constitutional and criminal law differ.
    That doesn't affect the ethical question of speech codes, though.


    The article was a bit scattered in its timeline about who did and said what, when. In other words, who fired the first shot across the bow and how did it escalate from there.
    At worst, there was simple assault here.
    Who wants to try a bottle of merc's "Extroversion Olive Oil?"

  6. #6
    nee andante bechimo's Avatar
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    Quote Originally Posted by pure_mercury View Post
    That doesn't affect the ethical question of speech codes, though.
    Based on what law, in what country?

    At worst, there was simple assault here.
    Based on what law in what country?

  7. #7
    Order Now! pure_mercury's Avatar
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    Quote Originally Posted by Jenaphor View Post
    Based on what law, in what country?
    Ethics aren't based on global location.


    Based on what law in what country?
    Criminally? Any common law-based country. Specifically, the pouring of the drink on the comedian. Words can form assault, but there doesn't seem to be anything to that level in this case. As to civil liability, that will vary according to jurisdiction, but surely you are not in favor of censorship or speech codes, right?
    Who wants to try a bottle of merc's "Extroversion Olive Oil?"

  8. #8
    nee andante bechimo's Avatar
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    Quote Originally Posted by pure_mercury View Post
    Ethics aren't based on global location.
    Ethics are subjective, not global or universal. In your subjective view, there appears to be a violation of your subjective ethics.
    Criminally? Any common law-based country. Specifically, the pouring of the drink on the comedian. Words can form assault, but there doesn't seem to be anything to that level in this case. As to civil liability, that will vary according to jurisdiction, but surely you are not in favor of censorship or speech codes, right?
    Apparently, Canadian law deemed it to be a violation of "x,y,z".

    For that matter, how did you draw your conclusion without having access to the transcripts of the trial?

  9. #9
    Order Now! pure_mercury's Avatar
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    Quote Originally Posted by Jenaphor View Post
    Ethics are subjective, not global or universal. In your subjective view, there appears to be a violation of your subjective ethics.
    Apparently, Canadian law deemed it to be a violation of "x,y,z".
    That is still not ethics. That is legislation, which is now making its way through case law. Making something illegal doesn't make it unethical.


    For that matter, how did you draw your conclusion without having access to the transcripts of the trial?
    As I said, plenty of things are illegal but ethical or vice versa. Legislation has to meet the tests of judges and juries. Now, I don't pretend to know everything that was said in this exchange, but we can assume the comedian would have been arrested for assault if he had said something that rose to that level. Why just sue if he had committed an actual crime in the course of the events? Criminal prosecution would only help your case. The only explanation that would make sense to this burgeoning legal mind would be that prosecution would prove to be so unpopular that it would jeopardize the potential recompense from a civil suit. That would be pretty flimsy. Assuming the drink pouring was true, that is the only thing approaching a criminal offense that occurred.
    Who wants to try a bottle of merc's "Extroversion Olive Oil?"

  10. #10
    nee andante bechimo's Avatar
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    You're completely missing my point. There's no such thing as universal ethics. Ethics are all subjective.

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