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I am writing this open letter to you in my capacity as Executive Director of the Free Speech Union of Canada. The FSUC is a non-partisan, mass-membership, non-profit organisation that defends the expressive rights of its members and campaigns for free speech more widely.

It was disappointing to see Parks Canada cancel the upcoming performance by Christian musician Sean Feucht, and for other municipalities to follow suit. This appears to be based solely on the fact that some members of the community do not like this performer’s views. According to CBC, “Feucht, who unsuccessfully ran for U.S. congress as a Republican in 2020, is also a missionary and an author who has spoken out against the 2SLGBTQ+ community, abortion rights and critical race theory on his website.” There were also references to him being part of the “MAGA” movement.

The FSUC does not endorse the views of Mr. Feucht, nor do we advocate for particular points of view. We do believe strongly that, unless laws are being broken (as opposed to some people claiming to be offended), it is not for public venues to decide which views people are allowed to hear.

His cancellation by your various institutions appears to have been the result of public pressure from a group of “concerned citizens” who have forgotten that they live in a country that is founded on liberal principles, such as freedom of expression. Parks Canada’s immediate caving to this pressure has only emboldened the mob, which has now successfully brought pressure to bear on the municipalities of Charlottetown, Moncton and Quebec City.

Citizens of a free society, as Canada is, have a right to hear as much as the speaker has the right to express. Are we so censorious and fragile in this country that we cannot tolerate someone with non-progressive views expressing themselves to those who want to hear them? Why should those who enjoy his concerts not be able to attend? Surely, the answer to the “concerned citizens” who were up in arms about this was to say, “If you don’t like what he says, don’t buy a ticket.”

Liberal Member of Parliament Shannon Miedema, who initially applied pressure to Parks Canada, wrote, according to CBC, that, “I have the utmost respect for the value of free speech, I do not believe this event aligns with Parks Canada’s core values of respect for people, equity, diversity and inclusion, or integrity.”

Once again, we see free speech (paid an Orwellian form of lip-service here) trumped by some vague conflict with “equity, diversity and inclusion.” Trotting out this formulaic refrain suggests that only “progressive” expression will be tolerated at government venues, which is an arbitrary limit on free speech. Public entities have an obligation to uphold the constitutional right to freedom of expression generally—for all Canadians—which is a central tenet of a free and democratic society.

Perhaps you do not appreciate the heritage and importance of freedom of expression. As our Supreme Court of Canada articulated, “Freedom of expression is not, however, a creature of  the Charter. It is one of the fundamental concepts that has formed the basis for the historical development of the political, social and educational institutions of western society. Representative democracy, as we know it today, which is in great part the product of free expression and discussion of varying ideas, depends upon its maintenance and protection.”1

And some years later, the Supreme Court elaborated that freedom of expression “was entrenched in our Constitution […] so as to ensure that everyone can manifest their thoughts, opinions, beliefs, indeed all expressions of the heart and mind, however unpopular, distasteful, or contrary to the mainstream.”2 The Charter describes this protection as fundamental “because in a free and democratic society” such as Canada, “we prize a diversity of ideas and opinions for their inherent value both to the community and individual.”3

Some people are not going to like that. These individuals disparage dialogue and the principle  of challenging  ideas  with better  ideas—not with force or censorship.  They will shout down  and censor  speakers,  and  even  threaten  protests,  destruction  and  violence  to  prevent   the constitutional right of others to listen and engage in the marketplace of ideas. You do not have to give in to them, and you should not do so.

Charlottetown initially resisted the mob, stating on July 22 that “From a legal standpoint we     are limited in restricting access to public spaces,” the statement on social media said. “The city wishes to be clear in its support of the 2SLGBTQ+ community. If there are any opinions or statements expressed by any performer to the contrary, they are not the views of the city.”

That was a reasonable statement.

That of Charlottetown MP Sean Casey was not: “While I fully respect the right to freedom of expression, I do not believe this event reflects the values of inclusivity and respect that define the City of Charlottetown or the Government of Canada,” Casey wrote in a Facebook post.

A day later, Charlottetown caved to the pressure as well. “After consultation with Charlottetown Police Services, the City of Charlottetown has notified the organizer… that their permit has been revoked due to evolving public safety and security concerns,” the city said in a news release Wednesday afternoon. “This review included a conversation with one of the counter event organizers, as well as a review of social media comments, some of which included threatening language and indications there could be damage to property and equipment.”

They do not say who is proposing to damage the equipment, but if it is the “hecklers” trying to shut down Feucht, the City should be thinking hard about the effects of giving in to the mob. All someone has to do is threaten violence, and they get their way.

Similarly, in Moncton, a permit was withdrawn, “due to evolving safety and security considerations, including confirmation of planned protests, the City has determined that the event poses potential risks to the safety and security of community members, event attendees, and organizers.”

An open letter from various LGBTQ groups (and others), alleged that, “Allowing a group that goes against all principles of diversity, equity and inclusion to perform in a public space, thus creating an atmosphere of fear for marginalized residents, is completely contradictory to the city’s Policy.” This prompted the City to backtrack on its permit, once again giving in to the heckler’s veto.

Most municipalities have hosted Pride events, which some citizens would find controversial, distasteful or offensive, and which sometimes results in displays of nudity or overt sexual behaviour. Yet these events proceed with a stamp of approval and even participation from city officials. Again, the FSUC takes no position on this, except to point out that double standards and arbitrariness are not appropriate in a society based on equal treatment under the law.

Not to be outdone, Quebec City cancelled a concert scheduled in its city yesterday: “The presence of a controversial artist was not mentioned when the contract was signed between ExpoCité and the promoter of the concert planned for the site this Friday,” said François Moisan, Quebec City’s director of public relations.

With upcoming concert dates across the country, it would be a good time to remind the remaining municipalities on the tour of their Charter obligations and the foundational principles that make Canada a free and democratic society. This letter will be posted on our website and social media accounts. Should any of your institutions care to respond, we will post your response. We do hope you will reflect on this letter and take our comments in the spirit in which they are intended. We all want to live in the best country Canada can be, but ushering in authoritarianism and censorship, while crushing our fundamental freedoms, is not the best path forward for anyone.

Sincerely,

Lisa Bildy, JD, BA

Executive Director

The Free Speech Union of Canada

1 RWDSU v. Dolphin Delivery Ltd., 1986 CanLII 5 (SCC), [1986] 2 SCR 573, at para. 12 https://canlii.ca/t/1ftpc

2 Irwin Toy Ltd v Quebec (Attorney General), [1989] 1 SCR 927 at 968. [Emphasis added].

3 Ibid. [Emphasis added].