Or Perhaps...: Family lawyer Murray Maltz threatens Pride and opposes lawful political speech

2010-05-10

Family lawyer Murray Maltz threatens Pride and opposes lawful political speech

U P D A T E

I received the following reply from Mr. Maltz on May 10, 2010:

Thank you for your letter. I will decline to reply as it is my opinion any reply will not promote a non emotional debate. I wish you the best of luck in your position.

I suppose he has a point. Wrongfully accusing people of "hate" - a despicable and criminal act - might evoke an "emotional" response from them.

May 10, 2010

Open Letter to Murray Maltz

Dear Mr. Maltz,

I am an Ontario resident and, as a gay man, a member of the LGBT community.

I read with interest your letter of May 7, 2010, addressed to representatives of Pride Toronto and the City of Toronto regarding "Pride March 2010 and Queers Against Israel [sic] Apartheid"; I have appended a copy of your letter to this e-mail.

I am hoping you will answer the following questions that I have about your letter.

Please correct me if I am wrong, but I understand that you are a lawyer who practices in the area of family law. Is it the case that family lawyers, like yourself, are also trained experts in the areas of municipal governance, taxation, litigation, non-profit corporations and charities, human and Charter rights, hate crimes, and harassment and discrimination? I ask because your letter touches upon all of these highly specialized areas -- despite the fact that you seem not to be a specialist in any one of them. Kindly explain.
While I certainly agree -- without reservation -- that "[p]ublic money should not be given to any group that permits the dissemination of hate," I am left wondering about your claim that the "group known as Queers Against Israel [sic] Apartheid" is being permitted by "the parade organizers" to "disseminate hate literature." Would you be willing to provide concrete evidence of the cited "hate literature" -- or is your claim unsubstantiated? I was under the impression that lawyers -- regardless of their specializations -- were trained to support their claims with evidence. (Note that the Toronto Police Service defines "hate propaganda" as publicly "[a]dvocating genocide," "incit[ing] hatred against an identifiable group that is likely to lead to a breach of the peace," and/or "willfully promot[ing] hatred against any identifiable group." You should also be aware that the Toronto Police Service advises you to "[c]all the Police immediately" if you are aware of a hate crime. So, have you called the police?)
In a similar vein, you claim: "It is quite clear that the Pride Parade, by permitting this group to march and speak in the parade, has breached the cities [sic] antidiscrimination and human rights policies." Again, do you have concrete evidence to corroborate your claim -- or is your "clear" assertion baseless? Additionally, are you aware that the Canadian Civil Liberties Association (CCLA) has expressed an opinion that is essentially the opposite of your own? Perhaps you are aware that the CCLA, founded in 1964, is a highly respected defender of civil liberties and civil rights -- especially within the legal realm. For more information, I refer you to: http://ccla.org/?p=5098
After carefully reviewing your letter, I had some difficulty discerning where you stand on the question of political messages and debate within Pride. It is clear that you oppose "the dissemination of a political message steeped in hate." On this point, I doubt that anybody disagrees with you; however, I have not seen any evidence to suggest that "hate" will be permitted in Pride (see my question #2, above). Subsequently you assert that "[t]he Pride Parade is clearly not the forum or the place for discussion concerning international politics as it relates to Israel" and that "[i]n this case the City of Toronto should not be using taxpayers' money to fund a parade that promotes a political debate." What, precisely, is your rationale for this position? I ask because, in my humble opinion, it is perfectly legitimate for Queers Against Israeli Apartheid (QuAIA) to participate in Pride; the group is, after all, a group of LGBT peace and human rights campaigners who are working to ensure that all LGBT people within Israel/Palestine are granted equality rights. Apartheid results in the denial of equality rights to many LGBT people; therefore, does it not seem to you that this issue reflects Pride's "Global Human Rights for Queers: What Out is About" program?
You open your letter by stating that the organization you represent -- "The Toronto Party for a Better City" -- has before "sued the City in order to assure that they [sic] comply with both city policy and the City of Toronto Act." You close your letter by stating that "The Toronto Party for a Better City will look at the option of using the court system" should the validity of your opinion not be accepted. I'm curious: Do you often threaten a strategic lawsuit against public participation (SLAPP)?
In 2004 the Supreme Court of Canada (SCC) explained that the Charter-guaranteed "freedom of expression" includes "political speech." The SCC commented that "[p]olitical speech [...] is the single most important and protected type of expression. It lies at the core of the guarantee of free expression [...]. The right of the people to discuss and debate ideas forms the very foundation of democracy [...]. For this reason, the Supreme Court of Canada has assiduously protected the right of each citizen to participate in political debate." Thus, I am left wondering: Do you support lawful political speech -- or only that with which you agree?

I look forward to your reply, in earnest. Note that you may wish to avoid baseless accusations of "hate" as they may be libelous and, therefore, legally actionable; you are quite right to observe that freedom of expression is not without its reasonable limitations.

Sincerely,
Rick Telfer

MURRAY MALTZ PROFESSIONAL CORPORATION
MURRAY N. MALTZ
BARRISTER AND SOLICITOR
1200 EGLINTON AVENUE EAST SUITE 203
TORONTO ONTARIO M3C 1H9
TEL: 416-398-6900 416-398-6845

May 7, 2010

Tracey Sandilands Sent by fax: 416-927-7886
Executive Director
James Cullen
Co-Chair
Genevieve Diorio
Co-Chair
Pride Toronto
14 Dundonald Street
Toronto, Ontario
M4Y 1K2

And to

Rita Davies Sent by fax: 416-392-5600
Executive Director
Cultural Services
Toronto City Hall
9th Floor, East Tower
100 Queen Street West
Toronto, Ontario
M5H 2N2

Dear Sirs and Mesdames,

RE: Pride March 2010 and Queers Against Israel Apartheid

I act as solicitor for The Toronto Party for a Better City. As you are aware we are an association of taxpayers which monitor the affairs of the City and in particular irregularities of spending. In past we have sued the City in order to assure that they comply with both city policy and the City of Toronto Act (COTA). The matter of the City of Toronto funding the Pride Parade has come to our attention and the activities that are taking place during the parade. In particular it has come to our attention the parade organizers are permitting a political group known as Queers Against Israel Apartheid to march as well as disseminate hate literature. Public money should not be given to any group that permits the dissemination of hate or its political views as it is not within the objectives of COTA in providing grants.

It is quite clear that the Pride Parade, by permitting this group to march and speak in the parade, has breached the cities antidiscrimination and human rights policies. Further, the objectives of the letters of patent of Pride clearly state and I quote: "that pride is the annual celebration and informational, educational and cultural festival by and for lesbian, gay, bisexual, transsexual and transgender people of their sexual and gender orientations and identities and their histories, cultures, communities, organizations, relationships, achievements and lives". The funding by the City of Pride is based on the objects as outlined in their letter patent. Pride, by permitting the dissemination of a political message steeped in hate, is clearly in breach of the very objectives it uses to apply to obtain its grant.

The Pride Parade is clearly not the forum or the place for discussion concerning international politics as it relates to Israel. To argue freedom of expression begs to understand that the catch phrase can be screamed at the top of ones voice, but the use of the words freedom of expression can be so easily abused. There is a need to guard the words carefully to assure that it is not used to defend hatred without consideration for the forum or the content of the message. In this case the City of Toronto should not be using taxpayers' money to fund a parade that promotes a political debate. To argue that the parade could permit pro Israel supporters to march in defence to the apartheid group will quickly have the parade degenerate from its true objects and the purpose of the City funding the parade. Certainly funding a parade that permits hate mongering is improper use of taxpayers' money and is not in keeping with what Torontonians respect; that being the harmonious and diverse culture living peacefully together.

We understand that there are various political groups that are dealing with this matter and we hope that a proper conclusion will be reached. Our opinion however is that the only conclusion that the parties can reach is to not permit Queers Against Israel Apartheid to march or have any voice in pride. Should a proper conclusion not be reached The Toronto Party for a Better City will look at the option of using the court system to obtain proper relief for the greater good of the citizens of the Toronto.

Yours truly,
Murray N. Maltz
MNM/sb
Cc: S. Thiele

2 comments:

momo said...: There are six countries in which homosexuality is a capital offense. All six are muslim nations, four of them are in the middle east. The failure to protest these barbaric regimes is glaring, especially since Israel is the only country in the middle east where gay and lesbian people can proudly march in a public parade.

It is apparent that knee jerk condemnation of the Jewish state is of greater importance to QAIA than the state sponsored murder of gay men in muslim countries.

Shame on Pride.; Jun 29, 2010 12:52:00 AM
Rick Telfer said...: So your logic is... what? That human rights abuses elsewhere excuse apartheid -- defined by the International Criminal Court as a "crime against humanity" -- in Israel?

Four points.

First, activists involved in QuAIA are involved in many other movements -- including protesting the kinds of barbaric regimes you've listed.

Second, Israel is not a society that is homophobia-free; LGBT people are relatively safer there, but not entirely free because of institutionalized forms of homophobia/heterosexism including religious-based bigotry. Judaism, especially the orthodox and conservative versions, is not exactly pro-gay.

Third, there is nothing "knee-jerk" about condemnation of Israel's crime against humanity. It is a carefully thought out argument, and it centres around Israel's own form of state-sponsored murder: destitution and starvation of a population because of its ethnicity/racialization.

Lastly, ending apartheid is about achieving peace for ALL people: Jews, Muslims, Israelis, Palestinians. You cannot achieve peace or eradicate anti-gay violence by building a wall and forcing destitution upon millions of people on one side of the wall.; Jun 29, 2010 2:13:00 AM

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