Winnipeg Free Press

Winnipeg Free Press (Newspaper) - July 29, 2013, Winnipeg, Manitoba C M Y K PAGE A8 EDITORIALS WINNIPEG FREE PRESS, MONDAY, JULY 29, 2013 Freedom of Trade Liberty of Religion Equality of Civil Rights A 8 COMMENT EDITOR: Gerald Flood 204- 697- 7269 gerald. flood@ freepress. mb. ca winnipegfreepress. com EDITORIAL F ORMER Cincinnati Bengals cheerleader Sarah Jones's successful lawsuit against thedirty. com website has stirred litigation interest in Manitobans who allege they've been defamed by the gossip website. Ms. Jones was awarded US$ 338,000 as damages for anonymous 2009 online posts that falsely claimed she had sex with every Bengals football player and had two sexually transmitted diseases. Manitobans have found themselves targets of the same Arizona- based website, which is notorious for providing an online forum to defame people and cripple reputations. But Canadians should not see Ms. Jones's win as a precedent for launching defamation lawsuits against " the Dirty." A Canadian defamation claim against the website operator would have to be launched in a U. S. court, presumably in the state where the website is notionally resident or businessregistered. Any such lawsuit would, accordingly, be governed by U. S. law. Canadian defamation law strikes a balance between fostering free speech and protecting reputation. But in the U. S., there's no such balance. Our southern neighbour is the wild west of defamation law. Anyone suing for defamation there faces an onerous legal burden. Ms. Jones's verdict is, therefore, an astonishing win. But also one apt to be overturned on appeal. Unlike Canada, the U. S. has a federal law, the Communications Decency Act, that provides statutory immunity to website operators from liability for content posted to their sites by third parties. But more critically, stateside you can say or write pretty well anything you want about anyone as long as you say it without " malice aforethought" - that is, " with knowledge it was false or with reckless disregard of whether it was false or not," the U. S. Supreme Court said. So if a website posts an anonymous, fabricated claim that you're a pedophile, you will lose your defamation suit unless you prove that is a lie, there was malice behind it and the website operator knowingly participated in the lie. In the Jones case, the jury simply imputed malice or reckless disregard to the operator, making the decision open to being overturned on appeal. While Canadians might applaud the jury's generous damages award, it would be prudent for anyone whose reputation was wounded by postings on the Dirty to wait and see what happens on appeal to higher U. S. courts. In America, even the foulest lie can escape liability by hiding behind the shield of constitutionally protected free speech. Hearts relive the pain In response to Don Marks's July 24 column, Canada's history of denial , we need to include Inuit as members of those groups who suffered mistreatment while forced to attend residential schools. I am familiar with the legacy of dysfunction and abuse common in many northern communities. This cannot, however, be attributed only to residential schools. Not to be forgotten are the effects of forced relocations and subsequent abandonment to barren, unfamiliar and hostile areas of Canada's North. Nor can periods of famine, suppression and then eradication of shamanism beginning in the 1940s, economic collapse of the fox- fur trade in the ' 50s resulting in extreme and widespread hardship. These events continue to live in the hearts and minds of family members. In the 21st century, the federal government continues to trivialize the needs of northern aboriginal people by failing to implement settled land- claim agreements, dictating harvest quotas based on questionable data, failing to consult on the management of northern resources and so on. I'm not convinced continuing to express remorse and horror for past wrongs will be effective in making things better. Rather, I find Leonard Pitts Jr.' s column on the same page, Race fatigue can be constructive , to be instructive. As Pitts points out, decent people need to be held to a higher standard. Perhaps the change Marks wants to see can start with us making the effort to treat everyone we encounter with respect. A small thing maybe, though from what I've seen and heard in Winnipeg, it could be a big thing. HELEN FAST Winnipeg Sign of the times MP Joy Smith's endorsement of British plans to require Internet service providers to adopt an opt- in system to access online pornography, supposedly to protect children, seems to me to be a sign of the times ( MP backs porn blocker, July 24). Society has a problem - pass a new law. But to my mind, parents are the ones responsible for keeping children from accessing the seamy side of the Internet, not the nanny state. Beyond superfluous laws, the government's secretiveness is of grave concern. Witness Prime Minister Stephen Harper's clandestine push to get the Trans- Pacific Partnership adopted, which would radically alter everyday use of the Internet. MICHAEL DOWLING Winnipeg A barrier for Headingley In the July 24 story Tragedy renews safety concerns , there are a number of important comments made pertaining to the seven- kilometre stretch of road west of the Perimeter Highway through Headingley. Our provincial government should look into placing a barrier wall or boulevard as a divider between lanes on that stretch of highway, which has become the death alley for motorists. Headingley and the surrounding area are growing. How long will it take the NDP to rectify this problem and invest money so Manitobans can drive a stretch of highway with ease, knowing that they will be safe merging onto the Trans- Canada Highway. Must we wait for future collisions that will take another life to make that change? PETER MANASTYRSKY Winnipeg Diet and exercise helpful I was pleased to see the July 23 article Preventing dementia is in your hands and would like to add that exercise and a healthy diet are equally effective in preventing and managing many other chronic diseases, including diabetes, cancer, heart disease and arthritis, to name a few. Every day at the Reh- Fit Centre, we see people who are able to reduce their reliance on prescription medication, eliminate or delay the need for surgery and live a better quality of life thanks to the power of a more active lifestyle. Exercise truly is one of the best proven forms of medicine. SUE BORESKIE Reh- Fit Centre Winnipeg Bearers of bad decisions The Winnipeg Blue Bombers' 23 years of futility ( Game- day grumblings , Letters July 26), needless to say, will end up like every other bad decision in this province - be it $ 33 billion worth of hydro development ( including Bipole III), condo subsidies, a $ 200- million stadium for this football team and other blunders too numerous to mention - ultimately on the backs of already overburdened taxpayers. BRYAN OKURLEY Winnipeg Kudos for courage I would like to express my respect and admiration to Ron Bilton ( Officer reveals sexual- abuse trauma , July 25) for his courage to speak about the sexual abuse he experienced as a 10- year- old boy. Kudos also for his courage to write a book about how he has moved from the trauma of that abuse to inspiring others who have similar lived experiences. Men who have experienced childhood sexual abuse have great difficulty talking about their abuse, asking for help and walking the healing journey. Bilton is a beacon of hope and light for other men. Those of us with similar experiences applaud his courage. I look forward to reading his book. KEN REDDIG Pinawa The purpose of roads Re: Cyclists have right to road ( Letters, July 22): Roads are made for and meant for motorized vehicles, not bikes, which have no ability to travel at or reasonably below the posted limit. Just imagine a city with roads clogged with bikes in every lane all going 10 kilometres per hour. Michael Zajac would sing a different song if he could not get his favourite omelette at breakfast because the restaurant's egg delivery was delayed, or being told the hardware- store flyer item was again not available due to transportation problems. ROBERT TOLLEFSON Winnipeg �� Of course bicycles have the right to use the road. I'm waiting for the day that they choose which they want to be, pedestrian or vehicle. How can I respect the rights of the cyclist who uses the controlled crosswalks rather than the stop sign next to it? Why should I treat them as a vehicle with rights to the road when they clearly feel that when it suits them best, they can take advantage of pedestrian options? I'll respect their rights when they decide which rights they want. PAUL SKIRZYK Ste. Anne HAVE YOUR SAY: The Free Press welcomes letters from readers. Include the author's name, address and telephone number. Letters may be edited. Letters to the Editor, 1355 Mountain Avenue, Winnipeg, R2X 3B6. Fax 204- 697- 7412. Email letters@ freepress. mb. ca Letters represent the opinions of their writers and do not reflect the opinions of the Winnipeg Free Press or its staff. �� LETTER OF THE DAY Ken Gigliotti's photograph of the eight Winnipeg firefighters working the conflagration at 614 Maryland Street ( Potential firetraps left unchecked , July 17) last January is an outstanding image of Winnipeg's finest doing their daily job. The layout and composition of the photo clearly illustrate what these skilled workers do on a daily basis to protect Winnipeg's residents and property. The ladder leading to the smoke- filled window; myriad hoses strewn across the street to and from the pumper unit; firefighters in full gear, with breathing devices to allow them to enter the burning building. Gigliotti has captured an image of a group of city employees in the performance of their jobs in a most striking manner. WILLIAM J. KELLER Winnipeg Ken Gigliotti's photo of a Jan. 14 fire illustrated a July 17 story on rooming houses. Picture worth 1,000 words Skinny on ' the Dirty' lawsuits A 2008 downtown- revitalization strategy that is causing a fuss at city hall because it was never made public didn't really make a significant contribution to the city's understanding of the challenge. The report said the city should subsidize new housing construction, rather than the adaptive reuse of heritage buildings, which is much more expensive. In fact, there is a significant number of new buildings along Waterfront Drive and in the Chinatown district where most of the vacant space is located. If no incentives were given to heritage restoration, the city would be stuck with even more underused warehouses at risk of crumbling from neglect. The city should probably have doubled the subsidies for heritage- building conversions, since the existing grants didn't come close to bridging the gap between the cost of new construction in the suburbs and the cost of renovating older buildings. In any event, the real problem is there are not enough people and enough money to revitalize the downtown and the Exchange District within a short period of time. There's nothing new about the fact downtown revitalization is a long- term endeavour, unlike the experience of cities such as Toronto and Vancouver, which haven't had any problems developing their core districts. The city's latest focus on neighbourhood improvements is the right course, but the proposed incentives for condo buyers would be better invested in creating places where people will feel comfortable and safe. Downtown or bust A_ 08_ Jul- 29- 13_ FP_ 01. indd A8 7/ 28/ 13 4: 33: 00 PM ;