Sadly though, that's about the only upside of living in the United States as compared to other western countries....

But what if the comic on stage was a pit bull??

There's no First Amendment in Canada (or most of the rest of the world, for that matter). That's a pretty good reason to live in America, as far as I'm concerned.

agreed. people act like they have an entitlement to not be offended. when in fact it's the exact opposite. the right everyone actually has is to be offensive. sounds kinda fucked up but that's what a free thinking society is all about. throwing water at someone because you don't like their opinions, tact, or lack thereof, is unacceptable behavior. as is grabbing a person's glasses off their head. but making fun of someone, having them heckle back, and then ripping on the hecklers is part of social discourse, however childish.

@3: the Canadian Charter of Rights and Freedoms does guarantee a right to freedom of expression (s. 2). As the Globe and Mail stories about the Earle case discuss, the Supreme Court of BC ordered the tribunal to consider Charter rights before allowing the case to proceed. The tribunal appears to have ignored that order. Earle's lawyer has petitioned the court to hold the tribunal in contempt as a result.

In addition to the freedom-of-expression problem here, there's also the fact that Earle and the club owner have to pay their own legal costs, while the complainant gets a lawyer at public expense. It does smack of 'guilty until proven innocent.'

@5: Yes. In Germany, for example, you can get thrown in prison for displaying a swastika or denying the Holocaust. Isn't it great how you're free here to be as publicly hateful as you want?

Cases like the one in BC are why the enactment of "hate speech" legislation here in the US makes me uneasy.

Here you can verbally assault the parents at their dead soldier son's funeral with all manner of disgusting insults and force the grieving parents to pay you damages besides.

@6 -- Canada also has laws criminalizing whatever it deems 'hate speech.' They refer to it as the 'Jack Chick law.' Adult materials (pornography, etc.) shipped/mailed to Canada from outside the country can also be seized at the whim of their customs people if it offends their sensibilities. Sure, most of the time it gets through, but it's usually because the employees at the post offices are simply too lazy to check. But when they do check, they'll confiscate an entire shipment based off of a single image.

Really? You're glad you live in a place where someone can freely incite hatred and violence against black people? I'm not saying this case is equivalent, but ... really?

This particular case will probably never be untangled. According to witness accounts from fellow comedians at the trial, Earle was acting strangely and what he was doing and saying wasn't funny. He claims the women were drunk, heckling him and ostentatiously making out; they say they weren't drunk, they were ordering from the waitress, and one woman kissed her girlfriend on the cheek when Earle launched into a pretty nasty tirade involving some homophobic and misogynistic language (that much everyone can agree on). Everyone also agrees that he twice approached the table and Pardy twice threw a glass of water on him, and that he took her sunglasses and broke them. If this were a Judge Judy episode she'd probably say that Earle did the wrong thing by attacking the women, that the women did the wrong thing by not getting up and leaving, that they were probably all misbehaving to some degree, and that Earle owes Pardy for the sunglasses, which he admits to breaking.

11: what a bunch of nonsense.

The Canadian Charter of Rights and Freedoms guarantees freedom of opinion and expression. However, it is illegal to publicly incite hatred against people based on their colour, race, religion, ethnic origin, or sexual orientation, except where the statements made are true or are made in good faith. There is no such thing as the 'Jack Chick law.'

Regarding pornography, like most countries Canada has laws restricting the types of materials that can be imported. This does not mean that customs officers can seize items at their will that "offend their sensibilities."

Right. I only wish the same was expressed when drunk men in a homosexual bar decide that it's fine to get confrontational with the police and lay their hands on officers, and later claim that they've been the victims of a hate crime. Or when mobs of enraged homosexuals and lesbians attack a group of people and drive them out of neighborhoods, or when gay activists and their lobby groups harass churches and church goers.

Sad fact is that we're not that far away in this nation from fully adopting the loony erroneous canadian laws that allows for unchallenged criminal conduct so long as the offenders self identify as homosexuals or lesbians.

@16

In line with your logic, all those black men lynched for so much as glancing at a white woman had it coming, right?

To hell with you and your miserable lies. You don't seem to so much as mind re-writing hate-crimes insofar as they don't tangent with your own tribalisms.

Loveschild is engaging in petty gossip in the comments. We won't be dragged down by your petty gossip. All those accusations are merely petty gossip.

As for freedom to offend, Dan would know all about that...or he'd be sued by trans people after his remarks from two weeks ago. I'm not surprised Dan is proud to live in a coutnry that defends incivility as a right of citizenship.

@15 -- Okay, I'll give you that on the "publicly inciting hatred" thing, I was pushing it a bit... but that doesn't change the fact that people actually call it the "Jack Chick Law" (or, I think more commonly, the "Fred Phelps Law," given that he inspired it).

When I say the whim of the customs agent, though, I mean simply this: Yes, Canada has restrictions against pornographic materials. But whether something gets checked or not is inconsistent, and sometimes based on whether an individual customs agent bothers to check and bothers to report what they find.

More pornography featuring heterosexual content 'accidentally' slips through than homosexual content. And while I'm unable to cite a webpage for it, I know of a case where a shipment of items being sold to someone in Canada containing a portfolio of pornographic artwork was stopped at the border and checked picture by picture. One image, depicting BDSM activity, was specifically marked as obscene and the entire shipment was sent back as a result.

My two cents' worth on the topic of Canadian Customs? I routinely ship knives to Canada. Nothing fancy - things that you could walk into a knife store in Canada and buy over the counter. About 40% of the time, Customs will reject the shipment for one spurious reason or the other, thereby putting both the buyer and me through an insane amount of unnecessary grief. You can't tell me they're not being arbitrary.

22: you're probably referring to the Little Sister's case. While it's true that some customs agents were breaking and inconsistently applying the law, the key point is that they were breaking and inconsistently applying it; the court found in Little Sister's favour on that point.

@16 - You can link us to some actual news stories of these events happening, right?

It's the lesbian's own fault. She should know that her kind can't take a joke.

Sad fact is that we're not that far away in this nation from fully adopting the loony erroneous canadian laws that allows for unchallenged criminal conduct so long as the offenders self identify as homosexuals or lesbians.

Ah yes, the infamous Amendment 3 (known colloquially as the "pink law"), which reads in part: "persons of adult age shall be immune from prosecution provided they indicate to law enforcement officials that they identify as homosexual ("gay") or lesbian. Such claims may be subject to verification at the pleasure of Her Majesty's government by means of the usual tests; verification is required when charges include murder; desecration of the national flag or symbols of government; or the illegal hunting of beavers. Persons under the age of sixteen (16) shall be presumed to be bisexual ("bi"; "AC/DC"), and may therefore face prosecution, at the pleasure of Her Majesty's Mounties, regardless of claims they make make regarding their sexual identities.

@28 for the win. I'm getting pretty sick and tired of how wonderful their little third-rate, pissant country is myself.

As a comic, I feel for this guy. First and foremost DON"T HECKLE. When you heckle that's like me coming up to your cubicle and taking the pen out or keyboard out of your hand... I'd be prepared for you to make some noise, so be prepared for me to do something to you when you derail my set. Secondly how dare you dose the comic with water and expect him not to retaliate? Also though as a comic you should be able to keep your cool a little, however I'm appauled that anyone would think they could sue over this.

Comics don't have money where does this gold-digging-obnoxious-over coddled-pathetic-Maple-leaf-ho think she's going to get for her precious stand?

@22,

I'm not necessarily defending Canadian customs, but you are aware that mail is not sacrosanct in this country, right? Don't mail anything you don't want read by a stranger.

That comic raped that poor lesbian with his voice.

Have we ever thought of the idea that if you don't like the comic you can walk out? It's a clear indicator to the club owner (probably won't book that guy again) and a clear indicator to the comic as well. It's a much stronger and much more adult way of doing thing than suing and dosing the comic with your beverage.

@{5,10,16,17,20,28}: Wait! What's that? I think I hear a little HURR DURR DERP coming on...

Most of the people you see on Comedy Central doing stand up shouldn't leave their houses EITHER.

@33 - they use that to heckle you more.

@31 - actually, you can go to jail for interfering with the mail in the US too.

@35 guess what... when you leave and you're outside of the door it doesn't matter anymore you've made your point.

I read about this in the local paper. She apparently still has nightmares about it.

Umm. Get the fuck over it.

Also, guys, we really have to set this straight. Canada is a country. The United States of America is a country. They both have their faults. They both have their good points.

There's no need to insult each other over it and get bitter. Being arrogant and acting like a dick because you think the other country sucks is just lame.

They didn't actually go to "a comedy club" they went to a restaurant that was having a comedy night and asked to be seated where the "comedy" wasn't happening. After the patio closed, the server seated them in the front of the "comedian," who verbally harassed them for "interrupting" his show (by sitting down after being told to by their server).

In essence, the restaurant subjected them to abuse. The law's pretty clear that discriminating against somebody while serving them food isn't okay. You Americans may look down your noses at that, but it's not like anybody's right to make tasteless jokes is under attack here.

OMG!

I laughed until my side hurt, reading LC's comment @ #16!

I can just imagine that withered old troll LC, hunkering down behind her sofa, behind closed curtains, living in trembling fear of marauding bands of gays and lesbians, roaming the streets looking for their next innocent victim.

LC, you're truly a moronic, comical hoot. Thanks for the laugh! No. Really.

@42: Your statement offends me! I'M SUING!

It should be noted that the author of this Globe and Mail commentary is a well known conservative shit disturber and global warming denier.
Also, the Human Rights Commission is obligated to investigate all allegations of discrimination. The outcome is the important piece of data missing from this story.
Let's give the Canadians some time to prove they're not boneheads.

@46: I'll second that. Margaret Wente is a nutjob and a deeply unpleasant woman.

enraged groups of lesbians and homosexuals? wasn't that just lilith fair 96? those ladies had a permit! but seriously, i'd pay to watch enraged groups of lesbians and homosexuals....

@ 7, 9, 11 - You pussies do realize, don't you, that you have no inherent right to not have your feelings hurt? I swear, GLBT folks have the absolute thinnest skin of any minority.

For me, you can call me whatever you want, cocksucker, sodomite, whatever. My strong and positive self-image makes me immune to such immature foolishness. Maybe some of you should try this.

@ 48 - Lesbians don't get enraged. It's immediately channeled into singing folk songs, which is much worse.

This article and the subsequent comments show such a complete and total lack of understanding of the Canadian Charter of Rights and Freedoms (which doesn't even apply in this dispute between private parties) and Human Rights legislation that I don't know where to begin.

Nobody is "on trial" and nobody will be found guilty of anything. Public services (which include restaurants) are not allowed to discriminate against their patrons on the basis of many protected grounds, one of which includes sexual orientation. Also, nobody is being sued--there is no tort of discrimination in Canada.

The only remedy for an experience such as the woman here had is to make a complaint to the Human Rights Commission in her province. For her troubles, she can expect to wait years for her complaint to be heard, and if the tribunal makes a finding of discrimination, in a case like this she might get a couple thousand dollar award for the injury to her dignity.

I don't know what the comic said to her, but I imagine it was quite offensive--and specifically targeted at her homosexuality. Human Rights Commissions dismiss the vast majority of complaints that are made, so if this one went to the tribunal, there's something there to complain about.

But feel free to ignore this little lesson in Canadian anti-discrimination law and continue the misinformed hate fest.

Signed,

A Canadian law student