Both cases demonstrate the validity of the concerns that many have over Hate Crimes laws. These stories are updates on some posts that were posted early at Values Voter News. See Rev Stephen Boissoin and Obama? and Christian hotel owners awaiting trial over an argument they had with Muslim guest.
Judge finds couple who criticised Islam innocent
Ben and Sharon Vogelenzang have today expressed relief at being found innocent of a religiously aggravated public order offence after the judge dismissed the case.
The Christian Institute backed the couple amid concerns there were significant free speech and religious liberty issues at stake.
District Judge Richard Clancy said the evidence against Mr and Mrs Vogelenzang was “inconsistent”.
Speaking outside the court Sharon Vogelenzang said: “We have been found innocent of any crime.
“It has been a very difficult nine months and we are looking forward to rebuilding our business and getting on with our lives.”
Police arrested Mr and Mrs Vogelenzang after a female Muslim hotel guest complained that she was offended by comments made on 20 March.
The guest, Ericka Tazi, told the court Mr Vogelenzang called the prophet Muhammad a murderer and a warlord and likened him to Saddam Hussein and Hitler. She also claimed they had called her a terrorist.
But the couple denied the claims and said Mrs Tazi told them Jesus was a minor prophet and that the Bible was untrue.
The judge, as he explained his reasons for dismissing the case, said: “I’m not satisfied on the facts that this case has been made out.”
He questioned Mrs Tazi’s version of events which amounted to “fairly big differences as to what happened”.
Judge Clancy also said Mrs Tazi’s claim that she was verbally abused for up to an hour was not backed up by other witnesses.
The couple admitted they had questioned Mrs Tazi’s beliefs.
But Hugh Tomlinson QC, who was representing the Vogelenzangs, said: “The fact that someone is upset or offended is not a reason for criminalising the speech used by the other person.”
The couple faced a £5,000 fine and a criminal record if found guilty of the charge but the court’s ruling means they are entirely innocent.
A major client of the couple’s hotel ceased referring guests because of the allegations.
This has led to an 80 per cent drop in the hotel’s income, leaving the couple in financial difficulty.
Some are already asking why the case was brought before the courts in the first place.
Nicky Inskip, of the Crown Prosecution Service defended its actions saying: “We were satisfied that there was sufficient evidence for a realistic prospect of conviction that a religiously aggravated offence should be charged.
“In considering the public interest factors in favour of a prosecution, we took into account the impact that the incident had on the victim.”
Mrs Vogelenzang said outside the court: “We would like to thank all those who have supported us over the last nine months – our family, our friends, our church, and Christians from all around the world and non-Christians.
“And as Christmas approaches we wish everybody peace and goodwill.”
Now to the case in Canada. Here is link to first ruling against pastor and the latest ruling clearing the pastor.
Canadian pastor cleared of 'hate crime' after 7 years
The Christian Institute backed the couple amid concerns there were significant free speech and religious liberty issues at stake.
District Judge Richard Clancy said the evidence against Mr and Mrs Vogelenzang was “inconsistent”.
Speaking outside the court Sharon Vogelenzang said: “We have been found innocent of any crime.
“It has been a very difficult nine months and we are looking forward to rebuilding our business and getting on with our lives.”
Police arrested Mr and Mrs Vogelenzang after a female Muslim hotel guest complained that she was offended by comments made on 20 March.
The guest, Ericka Tazi, told the court Mr Vogelenzang called the prophet Muhammad a murderer and a warlord and likened him to Saddam Hussein and Hitler. She also claimed they had called her a terrorist.
But the couple denied the claims and said Mrs Tazi told them Jesus was a minor prophet and that the Bible was untrue.
The judge, as he explained his reasons for dismissing the case, said: “I’m not satisfied on the facts that this case has been made out.”
He questioned Mrs Tazi’s version of events which amounted to “fairly big differences as to what happened”.
Judge Clancy also said Mrs Tazi’s claim that she was verbally abused for up to an hour was not backed up by other witnesses.
The couple admitted they had questioned Mrs Tazi’s beliefs.
But Hugh Tomlinson QC, who was representing the Vogelenzangs, said: “The fact that someone is upset or offended is not a reason for criminalising the speech used by the other person.”
The couple faced a £5,000 fine and a criminal record if found guilty of the charge but the court’s ruling means they are entirely innocent.
A major client of the couple’s hotel ceased referring guests because of the allegations.
This has led to an 80 per cent drop in the hotel’s income, leaving the couple in financial difficulty.
Some are already asking why the case was brought before the courts in the first place.
Nicky Inskip, of the Crown Prosecution Service defended its actions saying: “We were satisfied that there was sufficient evidence for a realistic prospect of conviction that a religiously aggravated offence should be charged.
“In considering the public interest factors in favour of a prosecution, we took into account the impact that the incident had on the victim.”
Mrs Vogelenzang said outside the court: “We would like to thank all those who have supported us over the last nine months – our family, our friends, our church, and Christians from all around the world and non-Christians.
“And as Christmas approaches we wish everybody peace and goodwill.”
Now to the case in Canada. Here is link to first ruling against pastor and the latest ruling clearing the pastor.Canadian pastor cleared of 'hate crime' after 7 years
A Christian pastor convicted of committing a ‘hate crime’ because of his views on homosexuality has been exonerated by a judge in Alberta, Canada.A Christian pastor convicted of committing a ‘hate crime’ because of his views on homosexuality has been exonerated by a judge in Alberta, Canada.
Stephen Boissoin was brought before Alberta’s Human Rights and Citizenship Commission after sending a letter to a local newspaper in 2002 in which he criticised homosexual practice.
The Commission ruled that the letter broke provincial law and banned Mr Boissoin from publicly expressing his views on homosexuality for the rest of his life.
He was also fined $7,000 in damages and ordered to issue a public apology to Darren Lund, the homosexual activist who made the claim against him.
However, last week Justice Earl Wilson overturned the ruling by the Alberta Human Rights Commission, and declared that Mr Boissoin’s letter did not constitute a hate crime.
He said: “The language does not go so far as to fall within the prohibited status of ‘hate’ or ‘contempt’”.
Justice Wilson ruled that Lori Andreachuk, the chair of the 2007 human rights panel, had made many errors in her ruling and had no power to impose a speech ban on Mr Boissoin.
Mr Boissoin hailed the decision as a victory for “freedom of speech and religious expression in Canada”.
In the letter Mr Boissoin expressed his view that a ‘gay rights’ agenda was influencing the school curriculum, warning: “Children as young as five and six years of age are being subjected to psychologically and physiologically damaging pro-homosexual literature and guidance in the public school system; all under the fraudulent guise of equal rights.”
While Justice Wilson’s ruling will limit the application of Alberta’s hate speech laws, free speech campaigners have warned that the law is still in effect.
John Carpay from the advocacy group Canadian Constitution Foundation, said: “I am pleased that the Human Rights Panel Order against Reverend Boissoin has been overturned.”
“Unfortunately, the law that was used against Reverend Boissoin to subject him to expensive and stressful legal proceedings for more than seven years, is still on the books”.
Last month the British Government backed down over its attempts to remove an important free speech protection underlining the fact that criticising homosexual conduct or encouraging people to refrain from such conduct is not, in itself, a crime.
And for fun going to throw this one in here from Religion Clause...
Canadian Street Preacher Acquitted of Noise and Other Charges
Stephen Boissoin was brought before Alberta’s Human Rights and Citizenship Commission after sending a letter to a local newspaper in 2002 in which he criticised homosexual practice.
The Commission ruled that the letter broke provincial law and banned Mr Boissoin from publicly expressing his views on homosexuality for the rest of his life.
He was also fined $7,000 in damages and ordered to issue a public apology to Darren Lund, the homosexual activist who made the claim against him.
However, last week Justice Earl Wilson overturned the ruling by the Alberta Human Rights Commission, and declared that Mr Boissoin’s letter did not constitute a hate crime.
He said: “The language does not go so far as to fall within the prohibited status of ‘hate’ or ‘contempt’”.
Justice Wilson ruled that Lori Andreachuk, the chair of the 2007 human rights panel, had made many errors in her ruling and had no power to impose a speech ban on Mr Boissoin.
Mr Boissoin hailed the decision as a victory for “freedom of speech and religious expression in Canada”.
In the letter Mr Boissoin expressed his view that a ‘gay rights’ agenda was influencing the school curriculum, warning: “Children as young as five and six years of age are being subjected to psychologically and physiologically damaging pro-homosexual literature and guidance in the public school system; all under the fraudulent guise of equal rights.”
While Justice Wilson’s ruling will limit the application of Alberta’s hate speech laws, free speech campaigners have warned that the law is still in effect.
John Carpay from the advocacy group Canadian Constitution Foundation, said: “I am pleased that the Human Rights Panel Order against Reverend Boissoin has been overturned.”
“Unfortunately, the law that was used against Reverend Boissoin to subject him to expensive and stressful legal proceedings for more than seven years, is still on the books”.
Last month the British Government backed down over its attempts to remove an important free speech protection underlining the fact that criticising homosexual conduct or encouraging people to refrain from such conduct is not, in itself, a crime.
And for fun going to throw this one in here from Religion Clause...
Canadian Street Preacher Acquitted of Noise and Other Charges
Yesterday's Calgary Sun reports on Monday's 90-page ruling by a Canadian Provincial Court judge in Calgary, Alberta. The court acquitted a street preacher on seven charges, finding that six of the charges infringed his rights to free expression and freedom of religion. Judge Allan Fradsham said that the city's response to what began a a noise complaint over Art Pawlowski's activities in Triangle Park bordered on an abuse of power. The preacher was distributing food while using a sound amplification system to preach his religious message. He was charged, and acquitted, on two counts of using amplification without a permit, three counts of placing material on a street without a permit, and a charge of causing unnecessary noise from a vehicle. The court also ruled that a seventh charge of stunting on a roadway while handing out food was not proven.
