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Thursday, June 05, 2008

Has Freedom Of The Press Died In Canada?

By now most of you have heard of the Mark Steyn trial at the hands of one of the so-called Canadian Human Rights tribunals for allegedly writing columns that were critical of the Muslims.  From NROs Mark Hemingway:

issue is a cover story National Review’s own Mark Steyn wrote for the Canadian newsweekly Maclean’s, titled “The Future Belongs to Islam.” An excerpt from Steyn’s bestselling book America Alone, the article highlighted the fact that demographic trends suggest that Muslims may well become a majority in much of Europe and that this obviously represents a threat to Europe as we know it. A few Muslim law students objected to the article and filed multiple complaints with Canada’s national and provincial “human rights” tribunals and presto! Steyn’s opinion and Maclean’s right to print it have now been effectively criminalized.

The fact that a few fringe Muslims have reacted to Steyn’s article by invoking a once-obscure Canadian bureaucratic process to hold hostage the rights of all Canadians only goes to prove that Steyn needs to be heard, more than ever.

The Canadian Supreme court in a previous case has effectively given the human rights commissions carte banche to conduct their investigations however they choose.

Supreme Court of Canada split 4-3 on a decision that declared that section 13.1 of the Canadian Human Rights Act did not violate the charter of rights, and it remains constitutional. Oh sure, the justices in favor made grumblings about applying a high standard when enforcing the Human Rights Act, but despite their admonition, the general interpretation by the human-rights commissions is that they now have free rein to regulate the media. The slippery slope has been a toboggan ride to hell ever since.

This comment by one of the human rights agents says all that needs to be said about the commissions concern about protecting the rights of the people.

‘Freedom of speech is an American concept, so I don’t give it any value.” —Canadian “Human Rights” Investigator Dean Steacy, responding to the question “What value do you give freedom of speech when you investigate?”

In summary

What this means is that everyone in Canada now has fundamental freedoms, provided they’re not in conflict with whatever specious definition of “human rights” the CHRC chooses to apply. The threshold for conviction set by the Human Rights Act is incredibly low, because its highly subjective language means that “likely to cause contempt” is as good as a preponderance of evidence establishing guilt. There’s also the matter of the commission’s tribunals, which — unlike legal proceedings — are largely administrative in nature, so there’s little in the way of formal rules of evidence or procedure. There are few things in life more terrifying than being dragged into court knowing ahead of time that truth isn’t necessarily a defense and that the judge is winging it.

Comments

No.


"There are different kinds of truths for different kinds of people. There are truths appropriate for children; truths that are appropriate for students; truths that are appropriate for educated adults; and truths that are appropriate for highly educated adults, and the notion that there should be one set of truths available to everyone is a modern democratic fallacy. It doesn’t work.”

Irving Kristol

MikeAdamson on June 5, 2008 at 08:33 pm

Thought that might get your attention, Mike.  So you approve of the inhuman rights kangaroo tribunals?


You don’t have to be a moron to be a liberal Democrat but it sure helps.

docdave on June 5, 2008 at 10:22 pm

MikeAdamson can be considered to be technically right. It hasn’t “died”. Freedom of the press in Canada has been dead for awhile now.

Chalk it up to a pedantic difference.

likwidshoe on June 5, 2008 at 10:29 pm

dd...I believe that the various Human Rights Commissions play a valuable role in Canadian society. I believe that Mark Steyn should be allowed to express his opinion in Macleans magazine, not matter how repugnant his opinion might be. If somebody believes that his rights have been violated by Mark Steyn’s published opinion, I would prefer that somebody refute the opinion rather than dragging it through the tribunal process.

I offer you a different take on the proceedings. It’s just opinion of course although the correction of the factual errors is helpful and, in the case of Mark Steyn’s status at the tribunal, truly hilarious.


"There are different kinds of truths for different kinds of people. There are truths appropriate for children; truths that are appropriate for students; truths that are appropriate for educated adults; and truths that are appropriate for highly educated adults, and the notion that there should be one set of truths available to everyone is a modern democratic fallacy. It doesn’t work.”

Irving Kristol

MikeAdamson on June 6, 2008 at 05:20 am

MikeAdamson - why don’t you tell us what you really think.

Oh wait! You can’t, because you’re a Canadian.

likwidshoe on June 6, 2008 at 05:36 am

Mike,

Are you supporting the notion that there is some sort f “right” not to be offended by the speech or writings of another?  Is your right of free expression to be limited by my “right” to get indignant?


“Poverty of goods is easily cured; poverty of the mind is irreparable.”

Bat One on June 6, 2008 at 05:42 am

Bat One - Are you supporting the notion that there is some sort f “right” not to be offended by the speech or writings of another?

I predict MikeAdamson will say something along the lines of, “no, of course not”.

Because deep down, Mike does believe in free speech; being a person who has championed it numerous times in the past few years on this very website. That doesn’t explain his opinion that “the various Human Rights Commissions play a valuable role in Canadian society”, but then again - nobody here has ever accused Mike of being consistent.

likwidshoe on June 6, 2008 at 05:55 am

I read your liberal link, Mike, and don’t see, besides some very minor procedural points, that it refutes anything I posted.  Anyway you look at it, the human rights tribunals are a unnecessary travesty on freedom of speech and press.  The only thing that someone has said or written that should raise concern is outright slander and there are civil courts for that. 

As far as your comment ‘in the case of Mark Steyn’s status at the tribunal, truly hilarious, I’m sure that Steyn doesn’t see this as hilarious at all.’ There is nothing more disconcerting than being call to answer an alleged wrong that never happened and futile when you know that the verdict is going to be ‘guilty as charged’.

the Canadian Human Rights Commission is stunningly effective: In its 31 years of existence, not a single complaint brought before it has been dismissed. That’s right: Everyone is guilty before God and the Canadian Human Rights Commission.


You don’t have to be a moron to be a liberal Democrat but it sure helps.

docdave on June 6, 2008 at 06:01 am

dd...Steyn isn’t a respondent at the tribunal, just Macleans. That is the part I find funny. I’ll also note that the case isn’t being heard before the CHRC.

Bat...no, of course not. I don’t actually think that this case should have been heard by a HRC...in fact an complaint was made in Ontario but was rejected because the Commission there believed it lacked jurisdiction. The British Columbia Commission operates differently from the others in Canada and thus the complaint was refiled there.

I can’t find the official complaint right now but I believe it involves the Steyn piece allegedly inciting hatred against Moslems. I expect it will be dismissed for lack of evidence...if there really was evidence of Steyn’s words inciting hatred then a criminal action could have been launched.

I don’t like the case and I feel goofy as a Canadian having to defend the quasi-judicial Human Rights Commissions because I honestly believe that stupid and repugnant views are best battled in open debate and not in official proceedings.

lik...the valuable work I’m referring to doesn’t include trying to stifle columnists. They deal with a variety of discrimination cases, none of which you’d approve of because of your political persuasion.


"There are different kinds of truths for different kinds of people. There are truths appropriate for children; truths that are appropriate for students; truths that are appropriate for educated adults; and truths that are appropriate for highly educated adults, and the notion that there should be one set of truths available to everyone is a modern democratic fallacy. It doesn’t work.”

Irving Kristol

MikeAdamson on June 6, 2008 at 06:21 am
Avatar for Dr.Dawg

Thanks for the link, Mike.

The question of Maclean’s being the real respondent, thankfully, doesn’t invalidate my points about procedure. It might, however, put all the “Free Mark Steyn” babble to rest. It’s no consolation, but this error (Steyn is, as noted, not a respondent) is prevalent amongst his supporters as well.

I hope that the BCHRT tosses this case. It has no merit. Here’s the text of the complaint, by the way.

Readers here should know that the BCHRT isn’t the Canadian Human Rights Commission. There is one federal Human Rights Commission (CHRC), and each province and territory has one (except BC, which has only a Tribunal, and Nunavut, which has a Human Rights Office).

Dr.Dawg on June 6, 2008 at 06:56 am

They deal with a variety of discrimination cases, none of which you’d approve of because of your political persuasion.

How right you are. I prefer freedom. Such a thing is an anathema to those who conceitedly believe they are upholding the left-wing notion of “Human Rights”.

likwidshoe on June 6, 2008 at 07:00 am

Mike,Dawg, my post has to do with freedom of the press.  That I’ve used Steyn and Mccleans case as an example is immaterial.  It could have been anyone who was persecuted by the human rights kangaroo tribunal.  Defending the tribunal will not change the fact that in a truly free press society, these tribunal procedings would never have happened.


You don’t have to be a moron to be a liberal Democrat but it sure helps.

docdave on June 6, 2008 at 07:05 am
Avatar for Dr.Dawg

Not to prolong this, but an administrative tribunal is just a tribunal, not a prosecutor. These are set up primarily as a means of mediating between citizens. The BCHRT isn’t “persecuting” anyone, nor is it a kangaroo court, that expression so loved by conservatives (unless Gitmo comes up in conversation). Contrary to all the nonsense, there are indeed rules of procedure and evidence before administrative tribunals. I go into this at my place.

There are, however, a couple of real issues for me, the main one being that there should be a screening at the beginning of the process. I’m in favour of (in this case) Section 7(1) of the BC Human Rights Code, but the bar should be set high, and ill-founded complaints should be weeded out at the beginning.

The second is that jurisdiction should be more clearly defined than it currently is. It shouldn’t be possible for Ontario-based complainants to head off to BC to speak (allegedly) for BC Muslims.

But, for all the suppression of free speech and freedom of the press that is supposedly going on, there does seem to be an almighty din emanating from those who are allegedly gagged.

Dr.Dawg on June 6, 2008 at 07:24 am

Dawg, you can put a dress and lipstick on a pig, but it still is a pig.  Similarly, you can try to give the human rights commission legitimacy but it is still little more than thought control police.


You don’t have to be a moron to be a liberal Democrat but it sure helps.

docdave on June 6, 2008 at 08:18 am

Dr.Dawg - But, for all the suppression of free speech and freedom of the press that is supposedly going on...

How would you know? Serious question.

People who don’t wish to be paraded in front of the Canadian kangaroo court (an apt description despite your wails of indignation) would stay silent rather than face the wrath.

likwidshoe on June 6, 2008 at 09:03 am
Avatar for Dr.Dawg

Yes, come to think of it, we Canadians are slinking about these days, heads down, ashen-faced with fear.

Dr.Dawg on June 6, 2008 at 09:40 am

Dawg, your sarcasm does not become you.  I wonder how you would feel if you were dragged before one of these tribunal because someone didn’t like what you wrote [that could easily happen since you are a blogger] but then again you being a liberal might feel that appearing in a human rights tribunal was your patriotic duty.


You don’t have to be a moron to be a liberal Democrat but it sure helps.

docdave on June 6, 2008 at 11:46 am
Avatar for Dr.Dawg

Well, for a start, I’m not a liberal, so I reject your silly binary. And secondly, since I don’t go around exposing groups of people to hatred and contempt, I’m not likely to find myself in front of that particular administrative tribunal.

Dr.Dawg on June 6, 2008 at 12:26 pm

Dawg, do you not say at your site that you are a progressive a term that is associated with liberals?  The point you are missing perhaps deliberately is that the people being called by the human rights tribunal are not people associated with hatred or contempt, people like Steyn or companies like McCleans.  And who makes that destinction anyway, the human rights commission?  If so, isn’t that an infringement on free expression.  Your Canadian Charter of Rights state that all have the following rights

a) freedom of conscience and religion;
b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
c) freedom of peaceful assembly; and
d) freedom of association.

Despite the ruling of your highest court, I don’t see how the human rights commission can operate without violating some of these rights.


You don’t have to be a moron to be a liberal Democrat but it sure helps.

docdave on June 6, 2008 at 12:42 pm

Dr.Dawg - And secondly, since I don’t go around exposing groups of people to hatred and contempt, I’m not likely to find myself in front of that particular administrative tribunal.

And that’s the problem with the tribunal: one is considered guilty right off the bat.

Thank you for so aptly demonstrating its major weakness.

By the way - have you read your own website? Your own words? The entire site is all about “exposing groups of people to hatred and contempt”.

likwidshoe on June 10, 2008 at 03:07 am

Free speech is dead in Canada.

“Exposing groups of people to hatred and contempt” is not okay, unless they’re Christian, conservative, male, or Americans. Then, and only then, is it okay.

Because the Canadians are roaring hypocrites.

likwidshoe on June 27, 2008 at 01:55 pm
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The good news is

The Canadian Human Rights Commission has dismissed a complaint against Maclean’s magazine (and Mark Steyn).

The bad news is, they’ll probably just go back to picking on less famous people with fewer lawyers…



Better to have it and not need it than need it and not have it.
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Proof on June 27, 2008 at 02:23 pm

And the bad news is

Meanwhile, a decision from the B.C. Human Rights Tribunal over the same issue isn’t expected for several months.

likwidshoe on June 27, 2008 at 02:36 pm
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