The billboard in Chatham-Kent now known as "The Sign" is not in violation of the Criminal Code of Canada despite what people on social media think.
The sign, which went up less than two weeks ago at Kent Bridge Rd. and Countryview Line, resulted in intense discussion and debate across the area. The municipality issued an official response last week after the sign was taken down just days after being erected.
According to the municipality, the Chatham-Kent Police Service was investigating whether the sign's message, "God says no to homosexuality and abortion," was in violation of hate speech provisions in the Criminal Code of Canada. Police said the investigation was called off after the sign was taken down.
Richard Moon, a professor of law at the University of Windsor who specializes in freedom of expression in Canada, said the investigation would likely have reached a conclusion that it wasn't.
"It is pretty clear in this case that it does not breach the criminal code ban on hate speech," Moon said. "The criminal code prohibits the willful promotion of hatred other than in private conversation."
Moon said the courts are very clear that any speech that qualifies for hate speech has to be extreme in character and has to vilify a particular person or group. He added hate speech tends to present the person or group as lacking humanity and deserving of the worst possible treatment imaginable.
"I think there is little question that a sincere opinion on religious grounds about an issue such as abortion or sexual orientation would not be considered sufficiently extreme to count as hate speech," Moon said.
Moon added there is a defence under the criminal code hate speech ban for reasonable opinion based on religious grounds. The professor said he has seen examples of speech that do cross the line into hate pertaining to homosexuals. He said there have been groups who have drawn a link between gays and pedophiles and suggested that all homosexuals are pedophiles.
"Those are the kinds of things that suggest gays are a threat or they're dangerous," Moon said.
He added in those cases groups are trying to ostracize homosexuals from society based on completely false claims, which is what turns speech into hate provoking. According to Moon, the majority of hate speech he has seen is directed to Jews and more recently to Muslims. He said generalizing an entire religion to make every member seem like a terrorist would definitely be considered hate speech.
The professor said if any law was broken, it might have been by those who threatened Ralph Baker, who paid for the sign, or the owner of the property where it was put up.
"There's no question uttering a death threat breaches the criminal code," Moon said.
Ultimately Moon said Baker had every right to put the sign up and keep it up if he chose to.