TORONTO – The Canadian Constitution Foundation is closely monitoring the disturbing cancellation of at least six shows planned for public spaces by American singer Sean Feucht, and a $2,500 fine reportedly laid by police in Montreal after Feucht sang inside a church.
The CCF’s view is that these decisions are blatant violations of the Charter of Rights and Freedoms protections for freedom of speech, freedom of assembly and freedom of religion.
Feucht was slated to give a number of concerts in Canada over the past week including in Charlottetown, P.E.I., Moncton, N.B., Vaughan, Ont., Gatineau, Que., Quebec City and Halifax, before governments and government agencies cancelled the shows following public criticism of Feucht for his views on abortion, LGBT issues and “MAGA” politics.
On Saturday, Montreal police attended at the Église MR in Montreal to warn Feucht not to perform. A spokesperson for Montreal’s mayor told media the show would “not be tolerated” because “hateful and discriminatory speech is not accepted in Montreal,” and that the show “goes against the values of inclusion, solidarity and respect.”
CCF Counsel Josh Dehaas said that shutting down these gatherings because the speaker has views that the government doesn’t like is an obvious violation of the Charter protections for religion, expression and assembly.
In the 2021 decision in Ward v Quebec, the Supreme Court of Canada clarified that restrictions on speech are only allowed where “there are serious reasons to fear harm that is sufficiently specific and cannot be prevented by the discernment and critical judgment of the audience.” They also confirmed that there is no right “not to be offended” in democracies and that preventing emotional harm isn’t a justification for censoring speech.
“Speech can be limited only where it meets the legal definition of hate speech, which are those extreme manifestations of the emotion described by the words detestation and vilification that risks causing discrimination or other harmful effects, or where the speech nonetheless forces certain persons to argue for their basic humanity or social standing,” Dehaas explained.
“Nothing I’ve read that Feucht has said rises to that level,” he added. “There is no justification that I’m aware of for governments shutting down these gatherings”
“This is little different than when Quebec Premier Maurice Duplessis ordered the revocation of Frank Roncarelli’s liquor licence because he was a Jehovah’s Witness in the 1940s—an authoritarian decision famously overturned by the Supreme Court,” Dehaas said.
CCF Counsel Christine Van Geyn said the cancellations and the fine sets a dangerous precedent.
“It’s one thing to require a permit for a large, ticketed event in a public space, or to shut down an event if there are bona fide serious safety concerns, but what’s going on here is clearly censorship,” Van Geyn said. “You don’t need a permit to sing in a church or hold a last-minute protest.”
“This is an obvious viewpoint-based restriction on speech, and viewpoint-based restrictions highly-suspect,” Van Geyn added.
“If governments can prevent a Christian singer from performing because he has controversial views, then right-wing governments could shut down a drag queen or rapper,” she said.
As the CCF explained in its recent Guide to Protesting Safely and Legally in Canada, some municipal permit requirements may violate the Constitution cannot be legally enforced.
The CCF is a non-partisan legal charity dedicated to protecting Canadians rights and freedoms including at the municipal level with its Censorship Defence Fund.
Van Geyn said the CCF is looking at the possibility of challenging these decisions.
For interviews contact:
Christine Van Geyn
Litigation Director
Canadian Constitution Foundation
1-888-695-9105 x. 103
[email protected]
Josh Dehaas
Counsel
Canadian Constitution Foundation
1-888-695-9105 x. 104
[email protected]
