Islam and Free Speech: Canadian version.

By Paul J Cella Posted in | | | | | Comments (11) / Email this page » / Leave a comment »

The wisest thing in the world is to cry out before you are hurt. It is no good to cry out after you are hurt; especially after you are mortally hurt. People talk about the impatience of the populace; but sound historians know that most tyrannies have been possible because men moved too late. It is often essential to resist a tyranny before it exists. It is no answer to say, with a distant optimism, that the scheme is only in the air. A blow from a hatchet can only be parried while it is in the air.
— G. K. Chesterton.

Any reader involved in our long-running debate (recapitulated just last week) on Islam and Free Speech, should sit down a read this remarkable statement carefully. It concerns a complaint brought before the Ontario Human Rights Commission against Mcleans magazine, which reprinted a portion of Mark Steyn’s book America Alone. The complaint alleged that Mcleans and Steyn violated the Ontario Human Rights Code by unfairly “targeting Muslims.”

Read the statement, and then read on.

The Commission decided against pursuing the complaint, but only because it lacks “jurisdiction to deal with the content of magazine articles.” Nevertheless, the statement goes on to aver that Steyn’s article gave evidence of Islamophobia, which it defines as “a form of racism that includes stereotypes, bias or acts of hostility towards Muslims and the viewing of Muslims as a greater security threat on an institutional, systemic and societal level.” Furthermore, “by portraying Muslims as all sharing the same negative characteristics, including being a threat to ‘the West’, this explicit expression of Islamophobia further perpetuates and promotes prejudice towards Muslims and others.”

Let us take note of what is missing from the statement. We can, I think, discover more from what is not there than from what is.

The Commission never even considers the question of whether Islam is a threat. Not even for a moment. That question is closed from the very beginning. Emphatically closed — for the opinion that Muslims are a “greater security threat” is in fact defined as a feature of Islamophobia.

In other words, the truth of the view that Islam is a greater threat is not even open for consideration or discussion. The man who asserts it has no defense of truth; his assertion is not even granted a hearing as to its truth. No, he has committed a crime by uttering a view. (The Commission hastens to note that while its jurisdiction is exclusive of magazine articles, other human rights codes suffer no such constraint.)

To further observations:

(1) This definition of Islamophobia, compassing anyone who pronounces Islam “a greater threat,” is quickly becoming the operative definition for Liberalism. The Commission speaks for Liberals everywhere in moving vigorously to silence all public debate on the question, Is it true that Islam is a greater threat? One striking variation on this position, articulated at length in the above-linked thread, states that “You have every legal right to advocate [the] view that Muslims are dangerous,” but that view “should be unacceptable in polite society [just as] targeting blacks for their skin color is unacceptable.” So here the legal right remains, at least theoretically, but “Islam as such is a threat” is conflated with simple racism, the ultimate sin.

(2) This rather subtle effort to close an explosive question before it can even be examined in earnest must be recognized for its radicalism, even within the Liberal tradition. Once upon a time Liberalism stood for the proposition that all questions are open questions, that even unpopular opinions may be heard. Consider: the dread Sedition Act of 1798, regarded by Liberals as one of the first legislative sins against Liberalism in America history, contained an entire section protecting the defense of truth, and assigning to juries the judgment of truth:

SECT. 3. And be it further enacted and declared, That if any person shall be prosecuted under this act for the writing or publishing any libel aforesaid, it shall be lawful for the defendant, upon the trial of the cause, to give in evidence in his defence, the truth of the matter contained in the publication charged as a libel. And the jury who shall try the cause shall have a right to determine the law and the fact, under the direction of the court, as in other cases.

Which means, of course, that we are in the presence — right here, right now — of an effort to shut down public deliberation, free speech on a controverted subject, more thoroughgoing than the Alien and Sedition Acts.

It has been said that societies are defined by the questions they chose to close. The society envisaged by Liberalism, it appears, is one where this question of the character of the Islamic religion is firmly closed. I for one shall go on regarding such a society as a particularly awful amalgam of tyranny and feebleness; to servility it adds despotism; to impotence it adds the boast of heroism. One thing, at least, it is not: a self-governing republic.

« I don't suppose that I could prevail upon the Obama campaign to stop pissing off Canada?Comments (11)
Islam and Free Speech: Canadian version. 11 Comments (0 topical, 11 editorial, 0 hidden) Post a comment »

The title of the book is "America Alone" not "Home Alone".

Doh! by Paul J Cella

Fixed. Thank you.

____________
And the Lord upon the Golden Horn is laughing in the sun.

It ain't over yet, by JohnRichardson

The Ontario complaint is but one of three filed against Steyn before Canadian Human Rights Commissions (CHRC), including the Federal CHRC.

On December 4, the Canadian Islamic Congress announced that it had filed a complaint with three of Canada’s “human rights commissions” over an October 2006 article that Steyn had published in Maclean’s, Canada’s leading news weekly.

National Review

by their own logic.

"The most dangerous form in which oppression can overshadow a community is that of popular sway" -James Fenimore Cooper

The complaint they specifically ruled on is that the magazine didn't give them space for rebuttal. They claimed that this was a violation of their human rights because they were denying a service. The Canadians said this "Denying a service because of human rights grounds such as race or creed can form the basis for a human rights complaint." They further said that refusing rebuttal space doesn't fit within this definition.

The rest of their article basically said they didn't agree with the content of the article.

There was no reason to allow a defense of truth, because the case was thrown out. I assume they'll get the opportunity to make such a defense if the other cases get to trial, but no knowing how Canadian courts work, that may be a bad assumption.

Now having said all this. Canada isn't the US. I can understand your concern if liberal judges get to rule on cases like this (I'd go for a jury myself), but so far as I can tell, this has no direct tie to US law.

Socialism doesn't work. It looks nice on paper, but it's been tried and it's failed miserably every time (usually accompanied by widespread death and suffering).
Proud member of the V.R.W.C.

Hmmm… by ScottWP

I didn’t get the impression that Paul was indicating a direct link or effect on U.S. law; only the observation that this kind of tactic, used in the Canadian “democracy”, is very likely indicative of the kind of "death by a thousand cuts" that our own free speech protections are beginning to experience.

Also, this weird business of a rebuttal – I don’t mean to be argumentative with you Brian, but it seems like you give this position much more credit than it’s due.

I publish an article, espousing what the author of same believes to be true, and giving specific examples for illustration. But because I did not proactively arrange for someone to pen a rebuttal to be published at the same time, I have violated someone’s “Human Rights”? That’s utter and complete nonsense!

Can anyone say “Fairness Doctrine”?

And we have to fight against them. But restricting our free speech due to fear of what someone else will say is not the solution and is bad precedent.

I didn't say the Islamists should have a rebuttal in the magazine and neither did the Canadians. In fact the Canadian ruling specifically said being refused a rebuttal was not grounds for a human rights violation case.

They gave a long winded appendix to the ruling about how "hate speech" is bad, but it was just wind. There was no finding of fault against the magazine.

Socialism doesn't work. It looks nice on paper, but it's been tried and it's failed miserably every time (usually accompanied by widespread death and suffering).
Proud member of the V.R.W.C.

the article included an excerpt from Steyn's book in which Steyn was quoting an Islamist, so a rebuttalreally shouldn't have been necessary.

The quote dealt with the reproductive proclivities of Muslims in the West, and used the word mosquito.

The key point to take in is that the West is slowly self-destructing due a severe case of PC disease.

Radicals within our (speaking collectively as the West) borders preach violent Jihad and revolution and nobody responds.

We quote their own words, and get taken to a criminal court?

I think you are thinking about this too narrowly.

Brian... by ScottWP

sorry if I misinterpreted you...this stuff just really gets my goat, as it were...

for the hateful and disparaging remarks about America found everyday in Canadian newspapers, radio and TV!!!!

omnia dicta fortiora si dicta Latina

It might deprive me of my ability to make fun of how Canadians drive. Believe me being stuck on the road with them and not being able to laugh at their expense would be enough to drive you crazy.


"Those who expect to reap the blessings of freedom must, like men, undergo the fatigue of supporting it."
-Thomas Paine: The American Crisis, No. 4, 1777


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