When the City of Edmonton pulled bus ads criticized as being anti-Muslim three years ago, it was justified in curtailing the advertiser’s freedom of speech, a judge has ruled.
The American Freedom Defense Initiative (AFDI) sponsored transit ads, which included the text, “Muslim Girls Honor Killed by Their Families” and “Is Your Family Threatening You? Is there a Fatwa on Your Head?”
The ad featured a logo for SIOA (Stop Islamization of America) and a link to FightforFreedom.us, which warns about the “encroachment of Islam on western civilization.”
The ads were mounted on five buses in late October 2013, but were taken down after eight days following a complaint made to Edmonton Transit by then city councillor Amarjeet Sohi. The cost of the ads, $2,500, was refunded.
AFDI took the city to court, arguing that the removal of the ads violated its right to freedom of expression under the Charter of Rights and Freedoms.
Jay Cameron, a lawyer with the Justice Centre for Constitutional Freedoms that represents AFDI, argued in court last month that it is unreasonable not to take the ad at face value and that the text that appeared is not hate speech.
AFDI also argued that the city removed an opportunity for Muslim women to escape victimization.
But Edmonton Court of Queen’s Bench Justice John Gill agreed with the city that removing the ads was justifiable.
“I conclude that, to the extent that the city’s policy infringed on AFDI’s freedom of speech, the benefit of doing so far outweighed the deleterious effects,” said Gill, in his written decision.
“AFDI purports to offer a help line to victimized Edmonton Muslim women which would link them to a New York-based organization advocating some extreme anti-Muslim positions.”
It was doubtful this would be helpful to Muslim women in Edmonton. “On the other hand, I have no doubt that many Edmontonians and Canadians in general, whether Muslim or non-Muslim, would find the positions advanced by the AFDI, including its SIOA initiative, to be offensive, discriminatory and demeaning.”
Mustafa Farooq, vice-president of public policy for the Alberta Muslim Public Affairs Council, a non-profit anti-discrimination group, applauded the ruling, saying the ads alarmed many in the community.
“People felt disgusted and not just Muslims,” Farooq said. “People from many faiths felt that this was so ignorant and they were unhappy to see that kind of rhetoric in Canada and in Edmonton especially, where Muslims have been living for over 100 years.”
He said the ads also sent the wrong message to women facing domestic violence. “Telling them to call or visit a website that propagated hatred is not the right approach. The right approach is to call 911.”