Can you believe this case is almost five years old?
This month, Earle’s advocate, Millar, brought the case back to the BC Supreme Court for “judicial review,” seeking to have the tribunal’s decision overturned on three basic points:
That Section 8 of the BC Human Rights Code is unconstitutional in that it is vague, overbroad and an unjustified infringement of Section 2(b) of the Charter of Rights and Freedoms, which guarantees “freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication”;
That a comedian’s performance is not the “provision of a service” but an artistic expression;
That the tribunal’s proceedings were inherently unfair, denying Earle any semblance of due process.
It’s now up to BC Supreme Court Justice Jon S Sigurdson to decide whether to uphold or overturn the tribunal’s ruling. (…)
Yes, rightwing windbag Ezra. In standing with others who value freedom of expression above all else, one finds oneself in some pretty dubious company. But that’s the whole point of freedom of expression.