Free Speech, not quite as free in policing

As everyone knows, under Section 2 of the Charter of Rights, everyone in Canada has the right to freedom of conscience and religion, freedom of thought, belief, opinion and expression. The official document of the Canadian Charter of Rights has as a preamble: “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of Law”.

One would think then, at first glance, in consideration of that “supremacy of God” line that you as a person would be free to join the “Church of Trudeau”.

Of course I am not referring to a real church, it is in fact a Youtube site created by and starring one of the police community’s own Brent Lord. However there has been a problem developing inside this pew-less church outside of the fact that Brent is a member of the RCMP currently assigned to Trail detachment. The problem is that it is a satirical site which went after Trudeau, mocking the Liberal policies, concerning all those hot take issues such as the Indigenous, Immigration and the financial spending of the Federal Liberals. Policies which can not be questioned in polite company.

There are two issues at play here, issues which admittedly have surfaced in other forms previously in the policing world. One is the basic rights and freedoms for free speech guaranteed to all Canadians, and the other is the limits that is put on police officers under their Code of Conduct regulations.

When the outraged public complained (this may have been only one person) the Mounties said they did “a fulsome review of the highly unprofessional offending materials was completed and administrative options are being considered”. This statement does not disguise their clear presumptions and equally indicates that their final findings were not ever going to favour the Mountie. But, lets leave that aside. We should also note for the record that the Constable never appeared or represented himself as a police officer on the site. This was a personal site and it was silly, more a rant than a detailed examination of any policies. One would have to question whether the Constable really thought this entertaining, it was political for sure, but whether it met the artistic threshold would be the real debate.

The RCMP in addressing the media said “The website and videos were not representative of the views of the RCMP, nor its employees as a whole, rather they were the expressions of an individual”. True. “The content and the viewpoints on the web site fell far short of meeting the levels of professionalism expected of our officers”. Probably also true, but one has to remember that the “professionalism” expected of our officers is a wandering goal post, not easily defined in this 21st century policing model.

Was Commissioner Lucki being political during the Portapique incident when trying to score some political points with the Liberal hierarchy. Was that “political”, was it “un-professional”? One must ask whether or not if this Constable had put up a supportive site for the Liberal policies and trumpeted the good deeds the Liberals would it have been measured with the same stick. Would have it been considered “un-professional” if instead he had professed a liberal progressive stance? It clearly would have been political but my guess would be that it would not have been declared un-professional. In fact, they may never have addressed the issue at all if it was about diversity or inclusion.

It is truly ironic, that we have reached a stage in this country where the right to free speech is being severely limited by the social progressive or “woke” perspective–a group that would historically have been associated with the rights of individuals and the freedom of expression. The evidence of this censorship is everywhere and it is frightening to anyone who believes that free speech is a right worth protecting. Take a look at the cases of Dr. Mathew Strauss in Kingston, Ontario who proposed some very anti-covid restrictions, or Terry Glavin who wrote an article saying quite obviously that there was no evidence of genocide in the residential schools as none of the grave sites had been examined. Recently Dr Jordan Peterson, who has become a bit of a global phenomena is being pursued by the Ontario College of Psychologists for some tweets he put out. They are ordering that he, the global academic with millions of followers, should undergo “media training”. Laughable, but apparently they are serious and threatening to take away his licence if he does not comply. Of course, it is the fact that he expresses views contrary to the current liberal regimes that have taken over our governments and their institutions that is the real reason they are going after him.

The allegation in all these free speech cases and the people involved that always gets put in the headlines is that they are discriminatory, racist, or un-professional. That is the go-to argument in every case. One person is offended, the world is offended. Stanford University, a school of world renown, in the heart of the California woke culture recently issued their proposed “Elimination of Harmful language Initiative” to address “harmful language in IT”. They found 100 words or phrases that they deemed to be “harmful”. Included are such words as “American” because it was “imprecise it should be “U.S. citizen”. To use the phrase “you guys” was deemed harmful, because it “lumps a group of people using masculine language and/or into gender binary groups which don’t include everyone”. Needless to say, this policy group have drawn some highly critical reviews. All of it simply demonstrates that maybe the pendulum is still swinging to the extreme left.

Closer to home, just today the Vancouver City Police made an announcement concerning the wearing of the “thin blue line badges”. No you can’t they said. These badges, which consist basically of a thin blue line through the red maple leaf insignia has been around since 2016 and seems to have started in Calgary. At that time, the badge was said to “recognize officers length of service to frontline policing duties” and to remember “fallen officers”. Seems like a pretty harmless thing, but apparently some from the very vocal left said that the symbol was being “co-opted by hate organizations in both the U.S. and Canada”. The evidence to back this allegation is weak and historically it was in fact an adaptation of the “thin red line”; which was worn by the red coated members of the Scottish regiment in the British army for standing ground against the Russian “foes”.

When you enter the theatre of the absurd in woke politics, the usual spokespeople surface. Grand Chief Stuart Philip who heads the Union of BC Indian Chiefs says wearing the thin blue line patch was the “equivalent to wearing a swastika”. Also laughable, but he does represent the outer fringe of the progressives and is a media favourite.

Currently if you want to wear the patch as a police officer you would have to join the BC Transit police as they still allow them to be worn. But you know it is only a matter of time before someone makes a complaint on that side of the house as well. Remember, it takes only one person to complain about having been offended.

Taking into consideration the rights of every individual including a police officer I must admit to being still firmly against politics being entrenched in policing. It is difficult to argue against the politicization of the RCMP and other municipal and provincial police agencies at the upper levels of management, which I have done in other blog posts, and then turn around and argue for police officers at the working levels to be allowed to be personally politicized. Politics is politics.

Let us consider and admit that politics is firmly embedded in the current police management culture. Are not the political policies of “inclusion and diversity” being practised in every government venue, by their very definition discriminatory. As a blatant example the CBC recently offered up their “Anti-racism, diversity and Inclusion plan”, which in its affirmative action seeking goals is offering positions in their organization, or training opportunities, to only those deemed to be under-represented. Even the recruitment process of most policing agencies is now in fact one of discrimination. They are based on race or gender and that decision to implement this policy is a political decision at its heart.

Robert Reiner wrote a book in 1985 entitled “The Politics of the Police” which explores all the problems that are intertwined when the police get political. Jack Young, a British sociologist described the police and politics as being “terrible twins”. Politics and the principle of free speech is indeed a difficult issue, not easily defined in the policing world. We are living in an age when police officers are being offered up greater freedoms in terms of health, clothing, and even grooming, while at the same time they are trying to further limit the right to speech and opinion. The upper levels do not seem to have any problem with the RCMP management in Surrey celebrating and supporting the politics of Brenda Locke, who is trying to restore the Mounties in Surrey, but these same managers do not want you to wear a badge which many regard as simply supporting fallen officers.

Wendell Holmes a famous jurist while on the Massachusetts Supreme Court said in 1892 that “a cop has a constitutional right to talk politics but no constitutional right to be a cop”. The U.S. Supreme Court agreed stating that police officers right to free speech was a “narrower free speech right”. Police officers “should not be able to make statements in their personal capacity that undermine their ability to maintain the trust of the community they serve” according to the RCMP policy.

There are extreme viewpoints at both ends of the spectrum. There was a picture recently of a police officer in Miami wearing a support Trump mask while patrolling a polling booth. Clearly this should not be allowed as you can easily draw the straight line from support to intimidation. But if cops are participating as members of the general public and are speaking out on “matters of public concern” it gets a little stickier.

There have been 13 off duty cops who were protesting the recent U.S election and participated in the march on Capitol Hill. All have been suspended or charged. Put aside all the anti-Trump bias, should police officers be allowed to march in a political protest? Should an off-duty officer be allowed to march in a Black Lives Matter march? Or a march in support of the LGBTQ community? Make no mistake about it, they would be both political marches, both are political commentary. My guess is that there would be no action taken. In fact don’t the police try to get into every Gay Pride parade wearing their full uniform and it is applauded by every news site and mainstream politician. On the other hand, the RCMP is investigating officers who supported the Freedom Convoy protest in Ottawa. Clearly it depends on which side of the political spectrum one lands as to whether you are going to be in hot water with your bosses. The politically held views of the Convoy protestors were on the wrong side of the political spectrum not to mention on the wrong end of the Emergencies Act.

I’m not a betting man, but I firmly believe that most police officers are not in favour of Mr. Trudeau and his cohorts policy decisions and initiatives. However, they are not allowed to express those opinions publicly and they were smart enough not to join the “Church of Trudeau”. Do you remember when the Police Chiefs in the United States supported candidate Trump.

Clearly, everyone’s outrage or lack of outrage depends on the current and direction of the political winds. Clearly, police officers, in the course of their duties need to maintain some level of neutrality, their whole reason for being and the core of their support depends on the appearance of fairness and a balanced viewpoint. It is just hard for the ground level to understand this when their supervisors and heads of their organizations have become extensions of their political masters. Freedom of speech and the practise of it are the most fundamental of rights. We must preserve it, guard it, and use it wisely. And it needs to apply to everyone in policing.

Photo via Flickr Commons courtesy of Newtown grafitti – Some Rights Reserved.