Free expression | Jim Demers: Canada
Imprisoned for advocating for life in Canada
- Who: Jim Demers
- Where: Canada
- Advocacy Team: Tomás Henríquez
Topic | Freedom of Expression
Jim Demers, a lifelong resident of British Columbia, Canada, was criminally convicted and spent almost two months in prison in 1996 on charges of “protesting” and “sidewalk interference.” His “crime”? Standing silently on a public sidewalk outside of an abortion facility with a sign that quoted Article Four of the American Convention on Human Rights, stating “Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception.”
Demers appealed his criminal conviction to the Inter-American Commission on Human Rights in 2004 following his initial 1996 conviction. The Commission admitted his case in 2006, but almost 20 years later, the Commission has yet to rule on it.
Given this egregious failure of justice, ADF International is applying renewed pressure on the international human rights body to secure a ruling and obtain justice for Jim.
"I hope I’m never silent when bad things are happening, and I hope nobody else is silent either when bad things are happening. I have dedicated my life to speaking out in defense of the unborn, and because of this, I was criminally convicted and even spent time in jail."
Case summary
In Vancouver, British Columbia, Jim Demers stood outside of an abortion facility before Christmas of 1996, holding a sign that quoted Article Four of the American Convention on Human Rights. His sign read: “Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception.”
Demers stood silently on the sidewalk outside of the main entrance, never engaging verbally or otherwise with any member of the public or of the abortion facility, or impeding entrance to the facility in any way.
For this peaceful expression, Demers was arrested, placed in jail for seven weeks alongside violent criminals, and was ultimately convicted on criminal charges of “protesting against abortion services” and “sidewalk interference” inside the restricted zones surrounding an abortion provider.
Demers filed a petition against Canada in 2004 with the Inter-American Commission on Human Rights. The Commission admitted his case in 2006 on the question of whether it was lawful to use penal measures against Demers for his peaceful expression. Twenty years later, the Commission has yet to decide his case on the merits, on what is perhaps the most egregious case of backlog at any international human rights body.
“I have waited for almost 20 years for the Inter-American Commission on Human Rights to rule on my unjust conviction over the exercise of my freedom, and that of all people, to stand up, speak truth, and defend those that cannot defend themselves. I am grateful to ADF International for its efforts to bring this ordeal to an end. I will continue to advocate for the right to life of every person and look forward to the day when I can speak up without fear of criminal prosecution and punishment in Canada.”
“All human rights are in peril when the fundamental right to free speech is ignored,” stated Tomás Henríquez, lead lawyer on this case for ADF International. “For peacefully expressing his pro-life views on a sidewalk outside of an abortion facility, Jim Demers was convicted as a criminal and forced to spend time behind bars with serious felons. Even if you disagree with Jim’s beliefs, everyone should defend his right to voice them without fear of criminal prosecution and imprisonment. Now is the time for the Inter-American Commission to exercise its authority to deliver justice for Jim.”
“ADF International is proud to stand with Jim as he seeks justice in his case at the Inter-American Commission on Human Rights. The Commission has slept on Jim’s case for almost 20 years. We call on the Commission to rule decisively that these actions by Canadian authorities violated Jim’s fundamental right to freedom of speech,” Henríquez continued.
“Both international law and the Canadian Charter of Rights and Freedoms guarantee the fundamental right to freedom of expression. As we grapple with the spread of censorship across the globe, this case presents an opportunity for our human rights watchdogs to reassert the very rights they were established to defend.”
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