Canada as international disgrace, redux

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This time from , opinion columnist for the newspaper, the :

The assault on free speech has gone global

…On campuses and within Western governments it is increasingly taboo to label terrorists who slaughter in the name of “Islamist terrorists.” In , “s” attempt to enforce this taboo by putting such writers as and on trial for the “crime” of expressing opinions that offend Islamic grievance groups — and also for quoting Islamists accurately and thereby casting them in an unfavorable light. If that’s not Orwellian, what is?

Be sure to thank your local , O Reader, the next time you have the chance. Thank them for making Canada into an international pariah which people believe has done away with that bedrock principle of free society: freedom of speech.

Update: Welcome, Steynians!

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Barbara Kay: “Ayatollah-prescribed fatwas are so pre-9/11″

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Easy to see where gets his skill with the written word from:

Ayatollah-prescribed fatwas are so pre-9/11. Nowadays, as liberal elites rush prophylactically to ward off charges of tolerating “ophobia,” the fatwas (in all but name) against damn good books like ’s aren’t bruited in mosques; they issue forth from ers.

Many Canadians believe the nation’s commissions (s) are motivated by high ideals and good intentions. But in conspiring to silence what a handful of Muslims deem “hate speech,” these good intentions are paving the way for the hell of global “soft jihad.”

The soft jihad is gradualistic and law-abiding, but no less desirous of Islamic domination of the West than its violent counterpart. Soft jihad strategy exploits liberal discourse and weaknesses in our legal system to induce guilt about a largely mythical “Islamophobia.”

The list of complaint-triggering speech offences is long in all Western countries, and ranges from the trivial to the politically existential: A decoration on a lid of ice cream distributed by offends because it resembles Allah in Arabic script; Fox Entertainment’s drama 24 portrays South Americans, Bosnians, Germans and Muslims as terrorists, but only Muslims complain; a Turkish lawyer sues an Italian soccer team because the red cross on their jerseys reminds him of the Crusades.

One way or another we must stop the fatwa industry in its tracks. Begin with removal of speech-regulation from the HRCs’ legal mandate. Build on that with legislation that imposes costs and damages on litigious third parties who seek to chill journalists.

should also pass legislation imitative of the U.S. () law, presently active in 24 U.S. states, which disallows harassment of those writing on matters of “public concern,” as well as the Libel Terrorism Protection Act, a state initiative that will combat libel tourism.

The HRC crisis is not a tempest in a teapot. , senior fellow at the Washington-based Ethics and Public Policy Center, says: “I don’t think it’s too strong to say that the [HRC] complaint against Mark Steyn is a totalitarian document.”

It is therefore no exaggeration to say that Levant and Steyn are fighting for the defining ideal of Western civilization which, once lost, would spell the beginning of the end of all our other freedoms.

Freedom of speech/expression is the cornerstone human right in truly free societies — without it, all the other rights we enjoy will crumble. And in their zeal to protect the smaller rights, the HRCs will destroy this most important right unless we are able, somehow, to reverse their course or cast them down.

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Support Harry’s Place

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Harry’s Place is, for those who don’t know, a blog in the , which is dedicated to freedom and democracy. Currently, Harry is being sued by one , who is president of the Hamas-linked .

The charge? Apparently, Harry wrote something which Mr. Sawalha took as an implication that he, Mr. Sawalha, was an anti-Semite (and, more specifically, anti-Jewish. I know, O Reader: ’tis shocking to think that a proponent of Hamas would be anti-Jewish, and certainly ’tis libelous to say as much! Let’s just ignore that bit in the Hamas charter about Jew-killing, shall we?

Anyhow, a blogburst in support of Harry’s Place is underway, and I would just like to add ’s support for freedom of speech to the clamour and din. As Harry himself notes, these sorts of assaults against legitimate expression cannot be fought alone; we who believe in such principles as that need to stand up for and with one another.

 

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A small victory for freedom of speech

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I wasn’t following the as it heard arguments for, and decided on, the / brouhaha, but I think I have to agree with : the decision definitely is a shift, in the law, toward greater freedom of speech. It would seem, at least, to expand the “fair comment” provision to such an extent that the advantage in defamation law has shifted to the respondent in any claim.

Which means that defamation law might become, in the future, a more powerful weapon against decisions.

Gotta like the sound of that.

Update: Welcome, Steynians!

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Reader Mail: Mitra Kermani

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The ambiguously-named muslimperson writes in concerning — the owner of , a supplier of halal (that is: conforming to ic religious dietary requirements) foods that . cut ties with a couple years ago.

Since that time, Ms. Kermani has been harassing and threatening workers and executives of Loblaws’ — the company that owns the , , and (if memory serves). She is discussed in this post.

How come you support freedom of speech and talk on otherhand you support…ban Mitra to talk by ocurt order…this is look like HRC acting on other side of story how justice can hear if one party has no right to talk? Mitra Kermani got helped from Italian Canadina and German Canadian did not like her and steal her business Mitra likes Catholic Italian alot.

It’s a bit difficult to sort out the gist of the message from the atrocious grammar, but I think that the first question basically distills down to this: how can someone who supports freedom of speech support, at the same time, Loblaws’ “ban” on Mitra Kermani.

The answer is simple: that’s business. Mitra Kermani is a business owner, a supplier of products of specific nature. Loblaws is a retailer, and is in essence a re-seller of the products that companies like Misom produce, procure, or otherwise make available. As such, Loblaws is free — and has every right — to choose whether or not to do business with business owners like Mitra Kermani.

We don’t have all the details as to why Loblaws’ decided not to renew its contract with Ms. Kermani — perhaps they were simply not making money off of the halal foods she was supplying (poor return on investment is a common reason why business arrangements of that nature are ended). Regardless, Loblaws’ is not “banning” Ms. Kermani — they are simply, for whatever reason, choosing to no longer do business with her company. She has not been prohibited, in any way, from continuing to sell halal foods in other markets, or at all.

Ms. Kermani does not have an intrinsic right to see her products sold by Loblaws-run stores. Indeed, the rights in this case rest with Loblaws, which is free to choose which suppliers it chooses to do business with, and which suppliers it chooses not to do business with. Perhaps her prices were too high, or perhaps her product quality had fallen — whatever the reason, Loblaws made a decision to no longer procure halal foods from Misom. It means Misom loses a large client, but that’s business for you — it’s how the market works in the West, more or less. And it works well, generally speaking. It’s not about “banning” — it’s about the bottom line, return on investment, and getting the best product possible for the best price possible.

Evidently, Mitra Kermani and her company did not meet some aspect of that metric, and so Loblaws decided to stop using Misom as a supplier. And that’s Loblaws’ right — nobody, and no business, can be compelled to purchase products from someone it no longer wishes to do business with. And that’s not …that’s freedom, including the freedom to run one’s own business, or to spend one’s own money, as one chooses, rather than being told where, and upon whom, to spend it.

Yes, the loss of the contract kind of sucks, but there are other markets, and Ms. Kermani should have sought those out. Instead, she embarked upon a lengthy campaign of threats, intimidation, and harassment against Loblaws, its executives, and its employees — a campaign that included the use of death threats.

She is in the wrong, here, in other words.

Upon a second reading, it seems that what muslimperson is actually saying is that Loblaws’ act of having hired a lawyer to procure a restraining order against Mitra Kermani is more or less the same thing as the censorship of the s — she is being, muslimperson asserts, “banned” from speaking.

This also is untrue.

I don’t know what jurisprudence says in Islamic states, but in Canadian law there is a provision made whereby a person who behaves in a harassing or threatening manner toward another person (or group of persons) can be ordered to cease and desist that behaviour. This is not the same thing as censorship, because the harassment in question must meet certain criteria. In the specific case of Mitra Kermani, those criteria were met the moment she uttered death threats against Loblaws executives.

I’ve talked in the past about how there is a difference between freedom of expression, even hateful expression, and incitement to violence. Death threats and stalking haraassment, of the sort uttered and enacted (respectively) by Mitra Kermani, are analogous to incitement, and under Canadian law are considered criminal. It is thus entirely consistent to simultaneously support freedom of speech and the restraining order issued against Ms. Kermani. She isn’t being banned from speaking — she’s being told not to utter death threats.

There’s rather a large difference there, O Reader.

I’m not sure what Italian Catholics and business-stealing Germans have to do with the issue.

Update: Welcome, Steynians!

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Reader Mail: Follow up on your Advocative nature…

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Count Roland follows up on an observation he had previously made concerning the fact that is blocked at the Catholic high school in , . Apparently, I’m classified as an “advocacy organization” by the personnel there.

But it appears that the rabbit hole goes even deeper than that. Roland has done quite a lot of investigative work, and his conclusions are…surprising, on one hand, and yet unsurprising as well.

O Writer,

I did a more extensive perusal of a small sample of organizations that have websites.

You are still blocked as an advocay organization; FreeMarkSteyn is blocked as a message/discussion board.

I was allowed to go to Planned Parenthood, CHRC, COLF, CCCB, CCRL, and Lifesite.

Given the Catholic position on , I was surprised that PP was allowed, but as a defender of free speech it must be allowed - dynamic tension that is better than simple dichotomies, no? ;)

and CCRL are opposing legal organizations. was to test if the Catholic organizations were only allowed because the developers were told to allow Catholic sites — it was allowed as a non-Catholic life issues site, which is good.

But I am stil surprised that they, in general, were allowed considering they are as advocative as you are, if not more.

Right away, I confess myself surprised by the level and scope of the site categorization that is in play here, not all of it accurate. Lifesite is more or less correctly categorized: it is a life issues site, though not one that takes a specifically Catholic perspective.

On the other hand, Time Immortal is very incorrectly categorized: I am just one guy, not an organization, and though I do have a couple of guest bloggers (e.g. my wife) there is no explicit advocacy done through the site, certainly not in the sense of “one cause/raison d’etre” that my being categoriezed as an advocacy organization would imply. Contrast this with the allowance of ’s website, despite the fact that PP openly admits that (pro-abortion) advocacy is part of its mission.

(Note that I’m not suggesting that the Planned Parenthood website should be banned — unless the ban on advocacy groups is to remain in place: consistency is important!)

And then there’s the issue of Binks’ FreeMarkSteyn aggregator, which is not really a discussion board (not more than any other blog that allows comments is, at any rate), nor a message board (according to the normative definition of the term). It is more properly termed an aggregator; that is: a collection or compliation of links to various stories from around the , which may or may not revolve around a common theme.

But this is also not as deep as the rabbit hole goes, O Reader. Roland notes, in a follow-up message, that a rather peculiar, though perhaps predictable, trend has begun to emerge.

Here is a list of more sites I tried.

Blocked:
Real Women of Canada - advocacy
National Rifle Association - weapons
Stormfront - hate
Black Panther - advocacy

Allowed:
PETA
National Organization of Women
Jack Chick
Coalition for Gun Control
Canadian Islamic Congress
Jihad Watch
SteynOnline
Reverend Wright on wiki -> tucc.org
Christianity Today

From my observations so far, the blocked sites all seem to be from the “conservative” side of the spectrum. Many allowed sites, from PP to now to to , are largely advocacy groups but are on the “progressives’” approved list, although it also has a fair number of ‘conservative’ sites. How, though, realwomen/nra is blocked while now/gun control is not is beyond me.

Also, how is or TUCC not a hate site, or at least problematic on advocacy grounds for black liberation / anti-Catholic ?

I am somewhat confused (although I guess the web-block company likely has a liberal bias) and dismayed. I would hope that any censorship be in favour of groups closer to Church teaching and that be minimized, or if more widespread, to be at least not in favour of non-Church teaching sites.

This is a confusing trend, to be sure. For all intents and purposes, the person or persons responsible for policing the Internet access at the Catholic high school in Lloydminster — seems to be operating under something of a liberal bias in terms of how he or she applies the school’s presumably extant web access policy.

To wit: if advocacy groups are banned, why can the websites of organizations like PETA, Planned Parenthood, , and the still be accessed? If weapons-related sites are banned, why can the websites of gun control groups still be accessed? Roland points out other dichotomies which would appear to exist as well.

The extent of the bias is not great, but in general this situation doesn’t pass the old “sniff test” — there does seem to be some effort that has gone in to reducing access to conservative opinion on the Internet at Holy Rosary. And since censorship in any form is unacceptable…

Holy Rosary High School

Principals
Principal: Mr. T. Brochu
Vice Principal: Mr. Vince Orieux
Vice Principal: Mr. C. Musyj

Contact Information
Address: 6611A-39 Street
Lloydminster, AB T9V 2Z4
Phone: (780) 875-3600
Fax: (780) 875-9516
Email: hrhs@lcsd.ca

Do drop them a line, O Reader. There’s quite enough censorship — especially censorship of conservative opinion — going on in this country of late as it is, without some tin-pot dictator adding to the list of problems. That this sort of thing is happening at a Catholic hich school, especially one which states that its mission is to “nurture spiritual, academic, emotional, social and physical growth in every individual.”

Update: Welcome, readers from Sleepy Old Bear, Walker, and BCF! And welcome, Steynians!

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I’m not exactly a fan of Bill Whatcott…

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but I will agree, to the end of my days, that he has a right to voice his opinions. And it’s good news indeed that the agrees with that sentiment, and will not hear an appeal to overturn a lower court’s ruling that Whatcott’s right to freedom of speech had been violated.

Whatcott’s tactics seem, to me, on the extreme side, but the fact that the suspended and fined him for his off-hours, anti- advocacy was detestable and a violation of Whatcott’s .

Nurse staged his anti-abortion protest at the clinic in , , in 2002, and subsequently launched a complaint against him at his professional association. Whatcott had earlier served jail time for demonstrating against an abortion clinic in .

The Saskatchewan Association of Licensed Practical Nurses found Whatcott guilty of professional misconduct, suspended him as a nurse and ordered him to pay C$15,000 ($15,150) in legal costs.

Whatcott argued that he had been demonstrating in his free time and that his protest was simply a case of free speech. The had also weighed in on the debate, saying that while it favored abortion rights it was concerned over attempts to squelch debate.

He tried to run for mayor here in a while back. Got about a thousand votes, as I recall.

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Short of social upheaval, this is not a problem which can be easily cured

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Gastric bypasses. Stomach stapling, as I gather the procedure is also known — a last-ditch treatment for obesity, to stave off a heart attack or stroke.

Being married to a nurse, I occasionally get to hear about this kind of procedure, and I gather that it really is intended to be last-ditch. The long-term survival prospects aren’t exactly stellar, nor are the odds of the surgery really doing all that much to help a person*. It does, I gather, occasionally work as intended, but not often.

Still, as more and more people in society are becoming obese, such procedures are expected to be commonplace. has seen a 41% rise in the number of bypasses done in the last year, at an average cost of 7,000 pounds per operation.

It’s on the rise here in too, although I don’t know by what percentage.

The problem is: surgeries like this are, more often than not, like rearranging deck chairs on…well, you know which ship, O Reader. Treatment is one thing, but a problem like obesity has more and deeper causes that are, frankly, not always addressed, nor always rectified:

I worry that not enough is being done to make sure people don’t gain the weight back. See, a lot of people think the surgery is a miracle cure. It’s not. I have talked to dozens of people who have had it done, only to go back to their old habits and gain all the weight back. This is not a good use of public money. I realize that obesity is a serious issue (my fat ass reminds me of that every day!), but I would rather see the price of green peppers go down before I would want to see so much being spent on a cosmetic surgery that may not solve the long-term problem. Progressives are always on about “root causes”, and this is one area where I agree with them. You cannot change a lifetime of habit in a 3 hour surgery. A person has to be in the right headspace in order to lose weight. Sometimes it takes a health scare. Sometimes it’s a nasty comment from a trusted loved-one. Sometimes it is a positive, like wanting to be more fertile and start a family.

But like going into detox for that last time, you need to have hit your bottom (no fat pun intended) before you can lose the weight. The NHS is spending a lot of money on the symptom, not the disease.

This is something and I talk about every once in a while. The plain fact is, a lot of people who go in for this and other forms of surgery related to complications from obesity do not change their own lifestyles, which are the real cause of the problem in the wake of the surgery. If a person’s liver fails because the last time they didn’t eat at McDonald’s was sometime in the 90s, they expect a new one. And when they get a new one, they finish the post-surgical healing time and go right back to the Big Macs.

(Basically, it’s the culture entitlement at work again, with the usual lack of understanding that rights are tempered and accompanied by responsibilities. People have the inalienable right to eat at McDonald’s, and when something fails in their own body they demand, as though they are owed, corrective treatment. God forbid it cross their minds to amend their own destructive habits to prevent a re-occurrence of the failure!)

To be fair, some people do transform their lifestyles, and they deserve to be commended for that; this is especially true from within a Christian understanding of the world, since we should rejoice every time someone turns his or her life around, in same way that rejoices over every sinner who repents.

But I agree with my wife when she observes that responsive treatments like this are, ultimately, a losing battle. As long as people in places like Canada and know that the government will foot the bill when their body craps out, there’s no real incentive for them to change…especially when that same government mandates and enforces a regime that basically encourages people to feel entitled to…well, everything.

What ultimately needs to happen, and this is hinted at in the excerpt above (i.e. “green peppers”), is that health care services need to focus more on preventative medicine, instead of just on responsive medicine. Surgery is all well and good, but we could do more and better to fight obesity if we focused on responding to people at risk of becoming obese, and getting them to change their lifestyles accordingly. Yes, programmes of this nature would still have quite a cost associated with them, but in the long term they would probably save quite a lot of dollars if they were, in fact, succecssful to any meaningful degree.

A person really “cannot change a lifetime of habit in a 3 hour surgery,” and our health care systems need to be able to address this reality. At present, as I understand it, patients in for bypass surgery do receive counselling, and (correct me if I’m wrong, O Reader) have to have demonstrated the ability to lose a certain quantity of weight on their own prior to undergoing the surgery itself. That said, somewhere along the line that person did begin down a path that led them to become obese, and one gets the sense that more could have been done for them earlier on to perhaps prevent them ever becoming so morbidly overweight as to require drastic surgery in the first place.

The elephant in the room is a pair of questions: what could be done, and how do we get people to take it seriously. And this brings us back to our culture of entitlement, because while such a thing persists it may well be nigh-impossible to put in place programmes that work to prevent morbid obesity by way of counselling, teaching, and exercise.

In a way, the prevalence of surgery, and obesity as well, is just one more testament to the way in which our rights-obsessed, responsibility-free, post-Christian society is ultimately destroying itself.

It might be entirely predictable of me to point out that modern bears a goodly deal of the blame for this self-destructive trend in society, as surely as it bears the blame for other such trends (e.g. demographics). But I observe that I’m not the only one who thinks so…and the sane Hitchens brother has quite the thing to say about another trend with the same root causes.

I did mention Atheism at the beginning. For that is at the root of all this. Once people don’t acknowledge any moral authority outside themselves, they can choose which rules to take seriously and which not to entirely according to their own feelings at any time. They will generally do this on the basis of what suits them. It begins with little things, and moves on to the great. We are now at the stage where it is moving on quite fast.

One of the key features of atheism is that atheists themselves are unable to grasp this point. We’re just as good as religious people, they respond, if not better. Maybe so. Religious people who understand their creeds know perfectly well that they’re no better than anyone else. That’s not the issue. What is?.

It is this. What do you really mean by ‘good’? Why (for example) is fidelity better than adultery, patience better than impatience? Watch people who are nice to you in the office, as they drive, in a hurry, in frantic traffic, and you may see another side of them. ‘Road rage’, where we are unrestrained by fears about how we will look to those we live and work with, is an interesting measure of what we are really like. Cars are a powerful moral lie-detector.

The connection might not seem immediately intuitive, but it is there, and it has a great deal to do with both individual liberty and the distinctions drawn between what are considered private matters, and what are considered public matters.

What we eat, most people would agree, is a private matter. What, where, and how fast we drive can be similarly classified, but in the case of a car it is easier to observe that what can at first be viewed as a private matter can very rapidly become a public matter, if in fact we drive too fast or too recklessly. What we eat can similarly become a public matter, if we are reckless about it as well. This is perhaps not as true in places like , given that one pays for one’s health care there, but it certainly is true in places like Canada and England, where the government generally foots the bill. Obesity — which, psychological considerations aside, arises out of too much consumption — and the expensive surgical treatments for it are an example of how the private issue of what we eat becomes a public issue; basically: we have eaten too much, and are now a burden on the public purse.

Drugs? Take them. Sex? Have it now and to hell with the consequences. Abortion’s easy now. Manners? Who cares. Patience? What’s that? Parents? Ignore them as soon as you can, and especially once you’ve got to university thanks to their money and effort. Teachers? What do they know? Rules? They’re for other people. Religion? It’s a wicked fraud designed to keep us down. This belief is itself a moral code, but one which is entirely based on the desires of the person involved — and which is destined to cause growing problems as more and more unfettered egos bump into each other.

The same attitude could probably be observed, I suspect, in response to the above suggestion that medicine become more preventative in nature — this is the illustration of the elephant, so to speak. For as surely as our society believes that rosaries should be kept far away from ovaries, we believe every bit as much that nobody is allowed to tell us to put the cheeseburger down in favour of a green vegetable…even if that is exactly what we need to do.

It might seem strange for a “freespeecher” to be thinking in this manner, but let us come back to what was said above, O Reader. Let us look again at the issue of where the private exercise of rights becomes a public issue. With freedom of speech, that line ostensibly exists at the exact point where the articulation of an idea or viewpoint becomes incitement to violence. We have laws against that sort of thing (and rightly so).

Where does that line exist regarding the issue of what we eat? Does it exist at all? Should it exist, if it currently does not? How might we effect such a thing in real life? One possible answer is that receiving treatment is contingent upon meeting a set of criteria both pre- and post-surgery, although what the penalty would be for breaking such an agreement post-surgery would be, I do now know (a gastric bypass can’t really be undone, after all). The idea of a user-pay system for obesity treatments is a tempting thought, but given that even in the U.S. obesity is on the rise, the effectiveness of that idea is called into question. Denial of treatment to those who did not seek counselling earlier on in their obesity is a possibility, although that raises other issues.

Social upheaval would probably achieve the best results, but it would be rather unrealistic to expect such a thing to occur.

Update: Welcome, Steynians!

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Ian Fine: totalitarian twit

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, Director General and Senior General Counsel for the Dispute Resolution Branch of the has posted his opening remarks to a panel discussion put on by the .

The panel topic? Human Rights and Free Speech: Where are the Limits?

Mr. Fine’s statement is lengthy, and I don’t have much time for analysis myself (I see I am not alone in this), but I wanted to remark on one thing that struck me as odd.

Mr. Fine opens with this observation:

Free speech is also a cornerstone of human rights.

He finishes thusly:

The Commission acknowledges that human rights are not static. They evolve and change with changes in society and the law.

A free and inclusive society must draw a line between free expression and hatred. They are not one in the same.

Free expression is the foundation of a free, open and inclusive society.

Hatred is the poison that erodes the and open-mindedness that must flourish in a multicultural society committed to the idea of equality.

I am tempted to sing “one of these things is not like the others,” but…instead, let’s take the closing remarks point by point.

1) Firstly, it is the opinion of the that “are not static” — that is, they can be granted or revoked at the whim of those who have established themselves as overseers of human rights in . Fine attempts to hide this understanding behind the acknowledgement that rights “evolve and change” as society and law change, but this is really nothing more than an artful untruth: the s operate — as Ezra Levant continues to chronicle — well outside of Canadian law, and regard themselves as unaccountable to any court or investigative body.

What is even more damning about Fine’s rhetorical dodge, though, is the way it also abdicates human rights entirely. Should “changes in in society and the law” result, after successive generations of increasingly radicalized ic immigrants, in Canada becoming a state, by his own statement Mr. Fine has no grounds to object to the sudden and dramatic shift in human rights that such a change would effect…even as the burqas are being passed out.

In essence, this is a totalitarian sentiment wrapped in a puffy outer coating of pseudo-tolerant rhetoric. And the orator of such an irrational statement is a twit.

2) It is also the opinion of the CHRC that free people “must draw a line between free expression and hatred,” because the two are not the same. This is false: hateful or bigoted speech and non-hateful or non-bigoted speech are both forms of freedom of expression, and in fact both must be allowed if freedom of expression means anything. If people are only free to express views deemed “acceptable” in public discourse, those people do not have freedom of expression at all.

It’s ’s car colours applied to speech, really: you can say anything you like, as long as it’s nice/happy/whatever.

Mr. Fine is ultimately confused: free societies do not need to draw a line between free expression and hatred, but between free expression and incitement to violence. Saying hateful things must be permissible, if distasteful, up to (but not including) the point where that hateful speech crosses the line to incitement to violence and other acts of racial hatred.

In other words: it has to be okay to say that e.g. are reponsible for all the wars in the world. It must not be okay to say that all Jews over the age of 18 are legitimate targets. The former is an ignorant and bigoted statement, but ultimately harmless statement (apart from its potential to cause a few hurt feelings…but it is only a very deluded person who believes that he or she can save people from ever having to experience a hurt feeling). The latter is incitement to violence against a specific category of person.

3) “Free expression is the foundation of a free, open and inclusive society.” This is exactly correct (and hearkens back to Mr. Fine’s opening remark) — it’s just a pity that in the statement before, and the statement after, Mr. Fine undermines the very idea of freedom of expression in Canada. If we are truly an open, free, and inclusive society, then we even have to “include” those whose opinions we find contemptible — we have to be open to everyone, including the Zundels of the world, if in fact we value the freedom to speak that we ostensibly have.

4) Mr. Fine dismisses hatred as “a poison that erodes the tolerance and open-mindedness that must flourish in a multicultural society.” This is exactly backward: if a society is truly tolerant and open-minded, it must (by definition) allow for hatred to be expressed (within the reasonable limits imposed by laws prohibiting incitement) alongside all other viewpoints. “We don’t tolerate intolerance” is not a worldview; it is a nihilism. We must tolerate to hear expressed even those things that are intolerant, or else we must concede that what “freedom” we have to express ideas is ultimately meaningless, since we are all just following a script anyhow.

Update: Welcome, Steynians!

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Can a case be made for censorship?

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, writing in the , seems to think so. Jay Currie has the details.

I’m short of time, so here’s the meaty bit out of Jay’s review of/response to the article:

It is a very intelligent and compelling argument and, I suspect, represents the political fallback position of the and its dwindling band of supporters. Freiman refers to “procedural lapses or errors” and suggest that these should not vitiate the powerful idea that the Canadian telecommunications system should not “be used as a vehicle for hate “.

Unfortunately, as the ’s investigative methods and total lack of process, discretion and restraint are revealed in the Lemire case and in the Steyn matter, it becomes increasingly apparent the CHRC has long since abandoned any pretense of addressing the concerns the raised in Taylor. The highhanded conduct of the Member in Lemire, the fraudulent invocation of s. 37 of by the Commission, the attempt on the part of Commission counsel to deny public access in that matter, the lying under oath of CHRC management employees, the arbitrary truncation of proceedings and cross examination based on no law whatsoever and a whole host of other gross violations of natural justice all suggest that the CHRC is not capable of properly and fairly administering s.13(1). In fact, the antics of the CHRC suggest is has become a greater ongoing evil than the de minimus evil it is seeking to suppress.

It’s that last bit that’s really relevant: the damage that the s are causing to and in is exponentially greater than the amount of hypothetical damage they might prevent. Hate crimes are a terrible thing, but stripping away — or imposing limits on — a fundamental freedom like the right to expression is actually even worse. Because while hate crimes lash out against groups or individuals, destroying or impairing freedom of speech attacks the nation as a whole.

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“…absolutely shocking.”

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That’s Liberal MP Dr. ’s description for the Canadian government’s lame-duck attempt to justify the legality and necessity of of the . That’s the same section of the act which, through the s, is used as an instrument of and a weapon against the fundamental human right to freedom of expression in .

Deborah Gyapong has the details:

“Well, there were a lot of things in the Justice Department’s missive which I find absolutely shocking,” said Martin. “Not only that but about blithely talking about restrictions on freedom of expression. That has absolutely nothing to do with hate crimes, nothing to do with hate crimes and nothing to do with hate speech whatsoever. So the Justice Department’s missive really was a trampling of basic , human rights that are enshrined in our Charter and I was very disturbed by their intervention. So I’m hoping that our Justice Committee actually reviews the Commission and hopefully they’ll be able to — that we’ll be able to bring in members from the Justice Department to be able to account for their statements.”

I think Mr. Harper has told Mr. Nicholson, our Justice Minister, to put a muzzle on their MPs. But the Conservative MPs, as many members in my caucus, have expressed deep concerns about where the Canada Human Rights Commission has gone. They have expressed a great deal of support for my motion to remove Section 13-1 from the Act. And I think that’s a fair thing to do would be to have this out and open. Have a public hearing through the Justice Committee and televise it so that Canadians coast to coast can hear those who believe that the status quo is acceptable and those of us who believe that the Human Rights Act has to be amended to ensure that we have freedom of speech because in my view freedom of speech is being trampled in Canada right now.

I don’t think it can be stressed enough what an important ally in the fight for freedom of expression in Canada Dr. Martin really is. Do be sure to send him a note of thanks, O Reader.

Update: Welcome, Steynians!

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Try again, twit…

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To: , director of the in
Re:

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Dear Sir,

You may not be aware of this, but in a free, democratic nation, there is no such thing as “beyond what can be considered free speech.”

The whole concept of freedom of expression is that there are no limitations imposed on what can be said, even if what is said is disturbing, hateful, or in poor taste. That doesn’t mean we have to like what is said, nor does it mean we have to endorse what is said — in fact, our own freedom of expression allows us to disagree mightily with what is said.

But to limit freedom of expression even slightly is to destroy it utterly. Either we must allow that some people will say hateful, hurtful things — but nevertheless recognize their right to do so — or else admit that freedom of speech is meaningless in its entirety.

Update: Welcome, Steynians!

 

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I’m glad Rex Murphy is on our side

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“These commissions have stealthily migrated from their original and defined mandate to prevent discrimination in housing or employment, from deeds of discrimination, to an activist and capricious role of monitoring speech or thought.”

Read the whole thing.

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Blink

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The Canadian Islamic Congress will be making a public settlement offer to Maclean’s and Mark Steyn.

CANADIAN ISLAMIC CONGRESS PRESS CONFERENCE ANNOUNCEMENT

April 29, 2008

ISLAMIC CONGRESS AND LAW STUDENTS TO MAKE PUBLIC SETTLEMENT OFFER TO MACLEAN’S ON HUMAN RIGHTS COMPLAINTS

TORONTO - The Canadian Islamic Congress and a group of law students who recently filed complaints against Maclean’s magazine for publishing ophobic content, are planning to present a public offer to the magazine’s management to settle the matter.

Details of this offer and more information regarding the background of the above-mentioned complaints will be provided to those in attendance.

When:
10:00 a.m.: Wednesday, April 30, 2008

Where:
Fairmont Royal York Hotel, The Quebec Room, 100 Front Street West,
ON

Present at the media conference will be:

- : CIC legal counsel, former Federal and Provincial Crown Attorney, and former Chair of the Criminal Section of the ().

- , and : Three of the law
  students/graduates who were original complainants against Maclean’s magazine.

For more information contact:
Faisal Joseph: (519) 672-4510

I agree with Deb Gyapong: (editor of Maclean’s) and shouldn’t accept the settlement.

Well, it’s gone too far. Unless the CIC and the Muslim law students are willing to ante up the magazine’s and Steyn’s legal bills for subjecting them to an abusive process; unless they are willing to admit they were wrong to file complaints; and unless they acknowledge the importance of freedom of speech and , then on principle there should be no settlement.

This struggle against the s can end when and if the HRCs themselves are either dissolved or stripped of their power through the removal of from the . Apart from that, there should be no deal possible.

Update: Welcome, Steynians!

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Mark Steyn explains it again

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…you know, for the hopefully small number of people left in who can’t understand what a grave threat to our freedoms and rights the s are.

Isn’t it obvious that in the case of , “hateful words” led to “unspeakable crimes”? This argument is offered routinely: if only there’d been “reasonable limits on the expression of hatred” 70 years ago, the might have been prevented.

There’s just one teensy-weensy problem with it: pre- had such “reasonable limits.” Indeed, the was a veritable proto-Trudeaupia. As , Canada’s leading civil libertarian, put it:

“Remarkably, pre-Hitler Germany had laws very much like the Canadian anti-hate law. Moreover, those laws were enforced with some vigour. During the 15 years before Hitler came to power, there were more than 200 prosecutions based on anti-Semitic speech. And, in the opinion of the leading Jewish organization of that era, no more than 10 per cent of the cases were mishandled by the authorities. As subsequent history so painfully testifies, this type of legislation proved ineffectual on the one occasion when there was a real argument for it.”

The problem the found themselves up against in Germany and elsewhere was not the lack of hate-speech laws but the lack of protection of the common or garden laws — against vandalism and property appropriation and suchlike. One notes, by the way, that property rights are absent from Canada’s modish Charter of Rights. The is the laziest form of argument, so it’s no surprise to find the defenders of the ever-more-intrusive “” enforcers taking refuge in it. But it stands history on its head. Most of us have a vague understanding that Hitler used the burning of the in February 1933 as a pretext to “seize” dictatorial powers. But, in fact, he didn’t “seize” anything because he didn’t need to. He merely invoked Article 48 of the Weimar Republic’s constitution, allowing the state, in the interests of the greater good, to set ? what’s the phrase? — “reasonable limits” on , freedom of expression, , freedom from unlawful search and seizure and surveillance of postal and electronic communications. The Nazis didn’t invent a dictatorship out of whole cloth. They merely took advantage of the illiberal provisions of a supposedly liberal constitution.

Oh, and by the way, almost all those powers the Nazis “seized” the morning after the Reichstag fire, the “human rights” commissions already have. In the name of cracking down on “hate,” Canada’s “human rights” apparatchiks can enter your premises without a warrant and remove any relevant “document or thing” (as the relevant legislation puts it) for as long as they want it. And without anybody burning the House of Commons or even the Senate.

Happily, beginning on July 1, under Ontario’s “human rights” reforms, Commissar Hall will have far greater powers to initiate prosecutions against all and sundry. Under the new proposals, ” ‘hate incident’ means any act or omission, whether criminal or not, that expresses bias, prejudice, or contempt toward a vulnerable or disadvantaged community or its members.” “Act or omission”? Of course. The act of not acting in an insufficiently non-hateful way can itself be hateful. Whether or not the incident is a non-incident is incidental. I quote from “Concepts Of Race And And Implications For Policy” as published on the OHRC website:

“The denial of racism used by so many whites in positions of authority ranging from the supervisor in a work place to the chief of Police and ministers of government must be understood for what it is: an example of White hegemonic power over those considered ‘other.’ “

Got that? Your denial of racism merely confirms your racism — because simply by being a “White hegemon” (like or ) you wield racist power. The author, , cites the thinking of “modern neo-Marxist theorists” as if these are serious views that persons of influence in Canada’s “human rights” establishment ought to be taking into account, rather than just the latest variant of an ideology that’s led to the deaths of millions in , and everywhere else it’s been put into practice. Yet, underneath the blather about “omissions” and “denial” of racism is the bleak acknowledgement that, alas, Canadians just aren’t hateful enough to justify the cozy sinecure of taxpayer-funded hate police. “I would say that for a province as large and as diverse as Ontario, to have 2,500 formal complaints a year, that that’s a very low level,” Commissar Hall said. C’mon, you Ontario deadbeats, can’t you hate a little more?

Some feel that free speech in Canada is dead already, and perhaps it is. Perhaps, in due time, this and every other blog that articulates a dissenting opinion against the received wisdom of our progressive “betters” will be shut down for the greater good of society. Perhaps, in due time, people like and will not be allowed to publish articles within, if not from within, the Great White North that articulate the same sort of dissenting opinions.

Then, too, perhaps in due time will become the law of the land. Once one’s freedoms have died, does it really matter whom one’s restrictions and privileges are bestowed by? Is there that much difference between a human rights commissar who can fine you into homelessness and bankruptcy for saying something anti-ic, and a pseudo-caliph or imam who can exhort “the faithful” to burn your house to the ground for doing same?

Myself, I remain somewhat hopeful that freedom will prevail, and I am not alone in thinking so. But at the same time, I think pretty much everyone on the “freespeecher” side of the debate can recognize that there’s still a tough slog ahead.

Update: Welcome, Steynians!

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