It's Not Illegal To Be An Asshole ... Yet.
MayorBob.
Posted to Legal on Wed Jul 30, 2008 at 08:42:49 AM EST (promoted by port1080). RSS.
Guy Earle claims to be an edgy stand up comic and one who will fight back if heckled. So, last year when he was heckled during a performance, he responded in kind. Used a bit of abusive language, he did. Made disparaging remarks about the sexual orientation of the hecklers, he did. He says it's allowed as he's a bit of an asshole and it's part of his act. Apparently, not everyone agrees because he's facing a hearing in front of a provincial Human Rights Tribunal. He sees it as an attack on his free speech rights while the government likes to think of it as more like prosecuting hate speech.
The issue arises from Earle's appearance at Zesty's in Vancouver, British Columbia in May of 2007. Earle's routine was interrupted by two hecklers. Earle responded by exchanging words with them. Both of the hecklers were women who Earle derided as being lesbians. The event ended with some physical confrontation between them. Lorena Pardy filed a complaint against Earle and Zesty's with the British Columbia Human Rights Tribunal (BCHRT). She alleged that Earle had subjected her and her partner to abuse and sexual harassment by virtue of his response to her heckling. Earle and Zesty's filed a motion with the BCHRT to have the complaint dismissed. A BCHRT ruling (pdf doc) made last month dismissed Earle's and the club's motion and thus there will be a hearing into the matter.
There will be, unless Earle's latest legal maneuvering works out. He has petitioned the Supreme Court of British Columbia (pdf doc) to order the BCHRT to deep six the hearings. In his petition, Earle makes note that the night in question at Zesty's was promoted as "Vancouver's Edgiest Comedy - Not For The Faint Of Heart", he admits his onstage persona is "asshole comic" and the law Pardy is using against Earle is unconstitutional by being "an impermissibly vague, overbroad, and an unjustified infringement of (Earle's) right to expression" enshrined in the Canadian Charter of Rights and Freedoms.
Thus it's not about making lesbian jokes or treating people cruelly. It's about his right to express himself in public. According to Earle, stand up comics are the "canaries in the coal mine of free speech" and he does what he does "to shake people a little, to get them to question the status quo." His complaint says he's not a homophobe and that he "has many friends and colleagues who are homosexual." He believes that if society manages to restrict stand up comics in what they say, it's a "slippery slope" leading to a place where nobody will be "able to say whatever their opinions are." Essentially what Earle is saying is "it's not illegal to be an asshole" - an idea so compelling to him he's selling tee shirts on his web site with that sentiment printed on them.
One detached observer fervently hopes that British Columbia's Supreme Court comes to the rescue and quashes the BCHRT inquiry. Because, the way he sees it, the BCHRT doesn't really understand comedy. Plus "since B.C.'s human rights tribunals, unlike real courts, can make up just about any punishment they want" a decision they make might "sound the death knell for stand up" in Canada. A Canadian lawyer sees "Orwellian" implications to what the BCHRT is about here.
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