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Wednesday, June 16, 2004
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FREE SPEECH IN CANADA
I have a very hard time believing that this trial has lasted a year. On the other hand, I have a hard time believing that charges were brought at all. This seems like a clear cut case of free, if tasteless, speech and "artistic" expression. Besides, the charges themselves are nonsensical.
A former Georgian College Art Student known for his shock-value art failed to convince a judge that writing "all women should die" is art. David Welch, 28, who was a third-year art student at the Barrie campus, was found guilty of uttering death threats and mischief yesterday after a trial that dragged on for more than a year. He will be sentenced August 20.
I should note for the record that I'm not an attorney, but it appears logical that to be convicted of "uttering a death threat" (an actual criminal offense in Canada), there should be a specific victim toward whom the threat is directed. I should think that there be a reasonable chance that said threat could be carried out. Otherwise, every five year old could be prosecuted for things said in the playground.
This case proves neither of the two. This is more of a case about policing taste. As I've mentioned before, I live in a country with a meaningless Constitution. The Charter of Rights and Freedoms is supposed to guarantee the rights of free speech and expression, but those "rights" are balanced by equality rights and a "hate speech" law. Besides, most Canadaians have absolutely no problem with suppressing speech that is in bad taste. We're funny that way. If any one group of people in Canada find something particularly objectionable, look the fuck out, because we'll prosecute it's ass!
And there's LOTS to object to in the person of the defendant, David Welch. Here's what got him in trouble,
Welch was charged after teachers in January 2002 saw a giant blackboard scrawling in white chalk which stated:
All women are filthy f----ing whores ... DIE ALL WOMEN.
KILL ALL WOMEN
KILL ALL WOMEN.
Nasty little message, but I like the beat. I think I can dance to it. I'll give it a 7, Dick.
"This statement was hateful, shocking, vindictive and emotionally disturbing," said Justice Nancy Dawson.
Your Honor, I agree! Now, if you'd only explain how it's criminal, I think we can all be on our way.
Welch's lawyer, Mark Kelly, argued his client was using his rights to freedom of expression under the Canadian Charter of Rights and Freedoms.
But the judge ruled she did not believe the writing was part of any art project for the college, and that the words were a deliberate threat "to inflict shock and fear."
Okay, and...........so what? Any number of things instill shock and fear in me. But I don't see Whoopi Goldberg being prosecuted.
During the trial the soft-spoken artist insisted the statement was part of his project, which included downloaded video images of women eating feces which was to be entitled "The media is feeding us s--t."
Wow! Michael Moore said that just this morning. And this guy has a much more highly developed sense of irony. And as in shockingly bad taste as Welch is, he doesn't hold a candle to Moore. Instead of going to the hoosegow, he should get a three-picture deal with Miramax.
He admitted he often created provocative art that would "get a rise" out of people. One painting depicted a woman with her legs splayed apart and a dagger in her genitals.
I'm not saying this guy should be prom king. Far from it, I just don't think he should become a prison bitch for being a douchebag with some chalk. I find it very hard to believe that this guy is being treated more harshly under the law than a coked-up cop who gave an informant blow.
I live in a truly sick society.
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