Ian Fine: totalitarian twit
tagged Canada, Canadian Association of Journalists, Canadian Human Rights Commission, CHRC, Ezra Levant, freedom of expression, freedom of speech, Henry Ford, HRC, human rights, Ian Fine, Islam, Jews, Racism, Sharia and tolerance
Ian Fine, Director General and Senior General Counsel for the Dispute Resolution Branch of the Canadian Human Rights Commission has posted his opening remarks to a panel discussion put on by the Canadian Association of Journalists.
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 tolerance 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 CHRC that human rights “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 Canada. 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 HRCs 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 Islamic immigrants, in Canada becoming a Sharia 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 Henry Ford’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. Jews 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.
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