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As with all Charter rights, protected expression is subject to limits, as can be demonstrably justified in a free and democratic society,” but flag burning isn’t deemed to legally exceed these limits. Such laws, permitting forms of expression, are a reflection of the high value held for freedom of expression in Canadian society. While some may find flag burning to be a disrespectful act, such acts are protected forms of expression under the Charter of Rights And Freedoms. These official etiquette rules simply express the Canadian Governments sentiments regarding flag burning, but there is no corresponding legislation by which the government may enforce this sentiment. However there are official government rules on flag etiquette that state that the Canadian flag “should not be subjected to indignity,” but there are no laws against desecration, such as burning, shredding, stomping, or spitting on it.
There exists no legislation where burning the flag is a criminal action, under the Canadian Criminal Code or any other statue. As burning the flag is a mode by which an individual may destroy it, it follows that it is not illegal to destroy it. The Canadian flag may be a symbol of Canadian nationality, associated with pride and a unified nation, however it’s not against the law to disrespect, deface, and destroy it. Jason Clayworth is an investigative reporter at the Des Moines Register.It is legal to burn the Canadian Flag, in Canada. Court records reviewed by the Register do not indicate that he has filed any further motions linked to his representation in the case. He did not respond to a request for comment. Martinez is currently being held at the Iowa Medical & Classification Center correctional facility in Coralville. She said she believes Martinez was ultimately satisfied with his legal representation.
Marcucci said the case was assigned to her before the hate crime enhancement and before her supervisors were aware the case involved issues pertaining to sexuality. Had he ordered the sentences to run concurrently, the incarceration would have totaled 15 years, a slight reduction.
He did, however, order Martinez to serve the sentences consecutively. Van Marel under state sentencing law had little leeway when determining Martinez's penalty. “I think it’s a very interesting issue in that the First Amendment right to freedom of expression covers things like burning the American flag, but burning the rainbow flag is something that was criminalized,” Marcucci told the Register this month. And because the arson conviction was a felony, the habitual offender enhancement also applied due to Martinez's prior conviction on drug and theft counts in Texas. But the hate crime status bumped the arson charge from an aggravated misdemeanor to a felony, which carries a more severe sentence. Martinez would have received a maximum of around three years in prison for the convictions. Marcucci contrasted the case with others, noting her concern with how dramatically the hate crime and habitual offender enhancements increased Martinez's prison time. She said she believes - if anything - her sexuality was an asset as she argued his case.
Marcucci told the Register that she fought aggressively for Martinez, including seeking dismissal of the hate crime enhancement on free speech grounds. “She doesn’t have my best interests at heart, your honor,” Martinez said, according to the transcript. But Marcucci was ultimately reassigned to the case after Martinez was unable to retain his own attorney, court records show.īefore his conviction, Martinez made several statements to media and in court proceedings condemning or disparaging gay people, including claiming in an August hearing that “a person who cannot discern their difference between gender is mentally retarded.” He said his views were based on his religious beliefs.Īs he argued to be allowed to hire his own attorney, he told the court that Marcucci “was about to blow at some of the things I was telling her.” He said he was willing to stand behind his beliefs even if it resulted in his incarceration. Van Marel allowed Martinez to seek private counsel. And I can just read right through the lines,” Martinez told Iowa District Associate Judge Steven Van Marel, according to the transcript. “It’s not ironic they appointed her to my case, your honor.