Article
Comment
Conspiracy theory
Freedom
Justice
4 min read

Why free speech might just need a crime of passion defence

Horrific crimes against our humanity tell us we must protect our freedoms, not constrict them.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A protester stands with back to the camera, his baseball hat is turned backwards, it reads 'freedom'.
Gayatri Malhotra on Unsplash.

One of the silliest legal defences ever must be the “crime of passion”. Or crime passionnel, as the French knew it for centuries, which should really appear on a menu as one of those haute cuisine desserts they so adore, featuring poached passion fruits in Chantilly sauce: “Non, garcon, tenez-vous la Crepe Suzette. Aujourd’hui je voudrai la crème passionel, s’il vous plait. Et vite – ma femme arrive bientot.”

But to digress in a first paragraph is a crime journalaise, which incidentally is a piece of Franglais that should apply to everything in Le Figaro. So back to crimes of passion. The idea was that an act of spousal infidelity could arouse such a passionate rage that the romantic interloper deserved what they got. First-degree murder could be downgraded to manslaughter, because obviously there can be no malice aforethought in the heats of passion. 

The crime of passion’s bastard offspring is the “gay panic defense”. Note the tell-tale “s” there (though, breathtakingly, interpretations of this defence remain available in both the UK and the US). It runs that a defendant may allege to have found a same-sex sexual advance so offensive or frightening that they were provoked into murdering or otherwise injuring their alleged seducer. Victim-blaming or what?  

Anyway, we might want to dust off crime of passion defences because a leaked report from the Home Office suggests that the definition of extremism in law could be extended to cover “extreme misogyny”, “environmental extremism”, “left-wing, anarchist and single-issue extremism” (it even has its own acronym, LASI) and “conspiracy theories”. 

Now, I’m all for catching misogyny before anyone gets hurt, but all these things are covered by existing laws. And some of them are just plain bonkers. Were I to be charged with holding an extremist environmental opinion or an extreme left-wing, anarchist or single-issue view, I think I’d want to say that it was a crime of passion.  

By which I would mean that there was no malice aforethought because I was acting in the heats of passion for my cause at a time when my balance of mind was impaired. Otherwise, I could get nicked for simply thinking or saying something. Sticks and stones and all that.

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things.

To adopt Serious Face for a moment, I’m aware that hate crimes are a very big thing indeed. How could it be otherwise when we’ve just commemorated Holocaust Memorial Day. And we’ve also the other week had the sentencing of someone – I wouldn’t even spellcheck his name – for the murder of three little girls in Southport. 

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things. Our concentration should be on that prevention, not the forbidding of attitudes that might (but probably won’t in the vast majority of cases) lead to a violent crime. 

Don’t get me started on Non-Crime Hate Incidents (NCHIs). Oh, you just did. Telegraph columnist Allison Pearson was visited by police last Remembrance Sunday and, surprisingly for someone who has built a career on telling snowflakes to grow a spine, came over all oppressed and persecuted. They were following up a photo she’d posted, claiming it was of Metropolitan Police posing with what she called “Jew-haters” at a London rally in support of Palestine. 

In reality, the photo was taken in Manchester and featured Pakistanis, not Palestinians. There was a clue in their flag having “Pakistan” written on it. But that makes her not a very good journalist. Not a bad, far less a criminal, person. 

A saying usually ascribed to St Augustine, in one of his letters, is that we are to “hate the sin and love the sinner”. Similarly, we must try to hate the crime, but love the criminal. That must remain humanly impossible for the crimes already mentioned in this column. (Though, astonishingly, history records some Jews finding it in their hearts to forgive their Nazi persecutors). 

But we acknowledge that this is where the gospel bar is set. We’re to love our enemies, even if we don’t like them and we condemn their actions. In practice, that means preventing crime in law and holding perpetrators to justice. What it does not mean is going after people who say hateful and stupid things, while other people are actually doing hateful things. The former may and should be about sound intelligence gathering; the latter is effective policing. 

This principle is rooted in our culture, founded on the golden rule of loving our enemies and our neighbours as ourselves. There’s always room for forgiveness as well as justice, as crimes of passion demonstrate.  

And if that sounds recklessly self-sacrificial, we might look at the Passion of Christ and the crimes of passion that were committed during it. As he said himself, tout est accompli.  

 

* "No, boy, hold the Crêpe Suzette. Today I would like the passion cream, please. And quickly – my wife is coming soon." 

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Article
Comment
Leading
Politics
5 min read

Canadians are riled up: who's got the plan to meet the moment?

A restless nation looks to what’s next.

Emerson Csorba works in deep tech, following experience in geopolitics and energy.

Ice hockey players fight in front of a goal
Canadian and American hockey players fight it out.

Canada is on edge. The world feels more volatile than it has in years, and at the center of the political storm is the looming presence of Donald Trump. With a Canadian election called this past Sunday, Canadians are fixated on a single question: who among our leaders is best equipped to deal with the return of Trumpism?  

It is not just about diplomacy; it is about defining Canada's role in a world that is growing more uncertain by the day. 

Right now, two figures are in competition: Mark Carney and Pierre Poilievre. They are, in many ways, opposites. Carney, with his economic expertise and international standing, represents a polished, globally respected leadership style. Poilievre, by contrast, channels raw frustration, presenting himself as the anti-establishment fighter ready to take on both the political elite and external threats.  

The country is divided, with polls showing both men running neck and neck. The choice before Canadians is not just about policy; it is about the kind of leadership style they believe can best meet the challenges ahead. 

Canadians are restless and want a leader with a clear plan - a person who is willing to fight but who also has a strong, actionable vision for the country. Empty rhetoric will not suffice; voters want substance behind the message. They want to know that the elected leaders - and their team - can actually deliver.  

This moment demands a different kind of leadership, one grounded in values and virtues that resonate with Canadians. This is because Canadians want to know that their next leader has substance, given the lack of this over the last decade.  

Among these, community stands out as essential. Communities are not just social units; they are the backbone of resilience. In times of crisis, as I argued in a previous article Canada’s Long Hot Summer, strong communities determine whether a nation weathers the storm or succumbs to decline.  

The plans devised by the Federal government, and in partnership with Canada's thirteen provinces and territories, will need to be delivered at the community level. It will not be government bureaucracies but rather communities pulling Canada through upcoming challenges.  

Community is not just about togetherness - it is about shared responsibility and the willingness to take action. Historically, the strength of Canadians comes from pulling together in times of crisis, not from passive compromise. We built our communities with a sense of collective responsibility, recognizing that our prosperity depends on our willingness to support our neighbors. 

Canadians respect leaders who fight for their values while delivering results. In hockey terms, we admire the hard-working, two-way player who battles in the corners and delivers when it counts - not someone who plays a careful, neutral game. A leader who embodies that spirit, who presents a clear, actionable plan for Canada’s future, will resonate deeply with voters.  

Indeed, the last ten years for Canada have been anything but this: all words and no action.  

There is therefore a delicate balance between channeling people's justified frustrations and a focus on presenting a better future.  

Now is the time to reflect on individual and shared values and virtues. My own personal and political values are those of integrity, honesty, pluralism, self-reliance, ingenuity, and a commitment to protecting the most vulnerable. Values and virtues are not abstract ideals; they are practical necessities in a rapidly changing world.  

For instance, integrity means acting in accordance with one’s principles and delivering on promises. Honesty is about telling hard truths, even when they are inconvenient. Pluralism acknowledges the richness of the Canadian people and the need for different perspectives at the decision-making table. Self-reliance is not about isolation; it is about ensuring Canada can stand on its own economically and politically without over-reliance on others. Ingenuity is about fostering a culture of innovation that keeps Canada competitive in an era of global transformation. And protecting the vulnerable is not charity - it is about creating a country where everyone has the opportunity to contribute meaningfully. 

A leader who can embody these types of principles (or any principles) while also presenting a concrete plan for Canada’s future will resonate with voters. 

While Pierre Poilievre has had difficulty adapting to the election of Donald Trump and is losing ground in the polls to Carney (a previous 20-point lead now reduced to one), he remains in a good position and can achieve victory by adapting his messaging and policies to the world we are in.  

Anger and a focus on the brokenness of Canada is not what Canadians want; dissatisfaction needs to be channeled in a way that is more forward-looking. What can Canadian communities achieve together, based on our shared values and virtues, translating words into actions? Answering this question clearly and authentically is key to Carney's success.

This election is not just about choosing between Carney and Poilievre - it is about what kind of Canada we want to build. Canadians will not be satisfied with vague assurances of moderation or status quo politics.  We do not want the same old, and this is where Carney must be careful - bringing voices into his team from beyond the ancien régime. A plurality of voices is powerful. 

We want a leader who will take decisive action and who brings real change.  

As Canadians, we do not just watch history unfold; we participate in it. We built one of the world’s strongest economies, and now we face the challenge of defending it in an era of deglobalization and shifting alliances. Canada has the resources, the talent, and the spirit to succeed, but we need leadership that understands how to harness that potential. 

The political landscape is shifting, and Canadians are ready for change.  

The question is no longer just who can stand up to Trump; it is who has the plan, the resolve, and the leadership to ensure Canada thrives in an uncertain world. That is the ballot question, and it will define the country’s next chapter. 

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