The recent smearing of a Canadian institution like our human rights commissions by Islamophobes, who claim to be protecting "free speech," is a classic case of chopped logic.

They seem to have forgotten that reconciling two potentially conflicting legal rights that are also human rights -- the right to be free from hate propaganda, and the principle of freedom of expression -- is not a new challenge, nor is it an easy one.

So, what, does s. 15 confer positive rights just like s. 7 did in the D.B. case? If we are going to take that kind of approach, where does it end? Shall we balance the rights of the everyday citizen to be free from violence against the s. 10 rights to habeas corpus? And I'm not talking a War Measures Act here - I mean, should we enact enduring legislation that infringes other crucial rights and freedoms, as though we are in a permanent state of crisis?