Aw nuts, we won

by Andrew Coyne on Friday, October 10, 2008 2:34pm - 0 Comments

In the matter of Elmasry and Habib v. Roger’s [sic] Publishing and MacQueen (No. 4), heard before the British Columbia Human Rights Tribunal this past June:

More comment to follow once I’ve read the thing, but be clear on this: it is no victory to be told by a shadowy government agency that you will be permitted to publish. This ruling only preserves the tribunal from utterly discrediting itself, and as such keeps alive the possibility that some other complainant can drag Maclean’s or any other media organization through yet another travesty half-a-continent away, at great expense of time and money. It also prevents Maclean’s from appealing the tribunal’s decision to an actual court, wherein it might have had the relevant section of the B.C. human rights laws thrown out on constitutional grounds. (Or does it? Can you appeal when you win?)

So the real fight, that of returning our human rights laws to their original purpose, and permanently clipping the wings of the human rights commissioners, will have to be won in the political arena. Until that day…

NOTE: The foregoing represents the views of the writer only, and should not be mistaken for those of Rogers or Maclean’s, their management, employees, lawyers, shareholders, window-cleaners or bonded couriers.

NOTER: The Tribunal does not appear to have put the decision up on its website as of 2:45 PM Eastern time. I’m assured it’s coming soon. UPDATE: It’s up.

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  • Horny Toad

    Don’t take this lying down. McLean’s should sue for damages or appeal(if even possible) Don’t let it go.

    Horny Toad

  • James Wolfe

    I had my fingers crossed for a guilty verdict, so that this nonsense could have been given a decent burial in the SC. No judge or tribunal likes to get appealed, and this one was true to form, slipping the verdict in on a Friday when everyone was biting fingernails over other matters, in the hope it would be lost without trace.

    As to Steyn’s piece, it really was not up to decent standard. Yours, that is. However, I would defend his right to write it and your right to publish it, although free speech is not unconditional.

    All in all, an anti-climactic Friday.

  • truewest

    Peter O’Donnell observes that this complaint should have been tossed on the first day of hearing. Actually, I think it should have been dismissed before that. And I think the panel agrees with me.
    At paras. 8-12 of the decision, they make some interesting observations, which, in the interest of brevity, I will summarize:
    1. Since changes to the Code in 2003, all complaints that involve more than conjecture or speculation are set down for hearing;
    2. The HRT doesn’t initiate or investigate complaints and won’t dismiss a complaint without hearing from both parties, usually following an application by the respondent
    3. Respondents can apply to dismiss a complaint before hearing on grounds set out in s. 27, which grounds include that there is no reasonable prospect that the complaint will succeed; and
    4. For some reason, Macleans made no such application. Instead, they filed a defence that sounds a lot like a defence in defamation action, citing fair comments, truth and qualified privilege

    I can’t imagine that Julian Porter and Roger McConchie, Macleans counsel and deans of the defamation bar, find procedures at the HRT so confusing that they have to fall back on their old libel pleadings. But maybe that was the problem. Or maybe Macleans instructed them to run this thing, even it if could be dismissed.
    Care to comment Andrew?

  • Ti-Guy

    Why are the bilious Steyniacs insisting on talking to me?

    Those people give me hives…

  • Annie Lessard

    Islam is more than a religion. It is also a political ideology. Should we pretend that, say, liberals who harshly criticize conservatives are responsible for potential employment discrimination against members of that party? We should stop pretending that political Islam can be used as a club to attack political opponents.

    In other words, we should talk more, and not less, about this ideology, and allow ourselves to have a conversation about it without immediately attracting the vicious attacks that questioning that sacred cow always seems to inspire.

  • Ben Hicks

    “….Just being exposed to hateful opinions doesn’t turns ordinary people to turn into hatemongers…”

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  • Annie Lessard

    The Canadian Islamic Congress is member of the Muslim World League headquartered in Mecca.(link below, the CIC is listed under Waterloo). The League has hundreds of members (mosques, cultural centers, etc.) in Canada (everywhere except Nunavut). The mission of the League is to spread Sharia and salafism around the world.

    Suppose that during the Cold War, Moscow was funding hundreds of “cultural centers” around the world tasked with spreading the communist ideology. As a Canadian, I would have been a LOT more worried about this threat than about the prospect that fellow Canadians of Russian extraction could face employment discrimination if writers and journalists were discussing this political danger.

    http://www.mwlcanada.org/home/pon.htm

  • Joe Balfour

    Congrats I suppose. The ruling implies that while you not have committed hate speech in the BCHRC’s view, they still reserve the right to decide what counts as hate speech in the future.
    As for you commentators worried about Steyn, or his lack of articles in Macleans recently, he has taken most of the summer off, and has only started writing articles again the past couple of weeks. I am sure we will see him again soon.

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  • A Reeder

    Paul Secam thinks the use of ‘muzzie’ is an indication of being a bigot. I assume the same applies to the us of ‘yanks’, ‘limeys’, ‘frogs’, ‘krauts’, ‘micks’ etc

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  • Annie Lessard

    I know a few devout christians who find words like “kufar”, “infidels”, “miscreants”, deeply offensive and abhorrent.

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  • Paul Secam

    “Muzzie”, like “K*ke” or “n**r”, is an offensive term that you wouldn’t normally expect to see in a mainstream newsmagazine. I would hope that editors here will excercise their judgement and not print derogatory epithets in their pages in the future.

    (Steyn, as Kinsella has documented, has a history of using terms like “muzzie” or “chink” in a derogatory fashion. To me, that’s casual bigotry. You mileage may vary.)

    Annie — I agree with you. Use of those terms in a derogatory fashion is gratuitously offensive.

  • http://oneandonlyshootingstar.blogspot.com Eowyn

    comment by Ben Hicks on Friday, October 10, 2008 at 7:59 pm:

    ‘At the edges there may be some legitimate disagreement about what limits are reasonable…’

    “For libel/slander we have lawsuits. For threats or inciting others to violence, we have the criminal code.

    “In any free society, I fail to see how any other state-imposed limits on free speech can be in any way ‘reasonable.’”

    ****************************

    Nail on head. Any attempt to portray the Maclean’s/Steyn issue in any other way is specious.

    However childish we may act at times, in 2008 humanity has grown up enough to recognize what kind of speech is wrong and what isn’t. There’s a reason why “common sense” earned itself a place in the human lexicon. We don’t need to be told what to say or how to say it. The court of public opinion is the final arbiter.

    Ben Hicks’ remedy applies to all those who tread over the line of defamation or incitement to violence. Otherwise, stop trying to parent me.

    And as far as Mark Steyn’s use of “muzzie” and “chink” — if you read the context, and his use of satire, you’ll discover he MEANT to imply the use of these terms is counterproductive.

    And as far as Steyn’s “America Alone” — every single assertion is backed up by sources (whether true or not needs to be debated on the merits) — which is a lot more than I’m seeing here.

  • Ian Shaw

    Having won their own ‘fight’ I hope MacLean’s won’t give up leading the ‘charge’ to rid the country of such unaccountable authority groups.

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  • Ti-Guy

    Why should an unaccountable agency like Macleans lead the charge to destroy accountable institutions of democracy?

    Seems bizarre.

    I think Macleans should lead the charge to be news and current media that informs people, as the fallout from journalistic malpractice is plain for everyone to see.

  • Annie Lessard

    Ti-Guy,
    When HR commissions arrogate themselves the power to control the press, they lose the right to be called “institutions of democracy”. They become the Inquisition and undermine democracy.

    CIC c. Maclean’s is about freedom of the press. It is certainly the duty of the press to defend that freedom against the Inquisition. I hope Maclean’s will lead the fight until full and final triumph.

  • TC

    Somewhere up there sums things up perfectly:

    “Not a victory. The battle won’t be over until the HRC’s are prevented from threatening citizens free speech rights ever again.”

    Ditto. We can never let hooligans staple our mouths shut or put the squeeze on us financially as they will, ever.

  • http://www.mastersamara.ru EdCor

    íå ìîãó ïîäïèñàòüñÿ íà ðàññûëêó ïî÷åìó òî, âåðíåå ïîäïèñü âðîäå åñòü è âðîäå äàæå ñîîáùåíèÿ ïðèõîäÿò, íî îíè ïóñòûå, èñïîëüçóþ safari, ïîäñêàæèòå ïîæàëóéñòà êàê èñïðàâèòü?

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