The Boissoin case: freedom gains a moral victory

By Colby Cosh - Friday, December 4, 2009 at 7:53 AM - 41 Comments

So how stands freedom of the press in Alberta after Thursday’s Queen’s Bench decision tossing out the Boissoin human-rights panel ruling [PDF]? Justice E.C. Wilson’s reasons establish two big things, pending some higher-level judicial review of Alberta’s human-rights regime:

1. The Charter of Rights can’t be used willy-nilly by content creators in magazines and newspapers as a shield against tribunal oversight, but
2. The tribunals have to confine themselves strictly to the powers granted them by statute, defer to Charter values, respect the presumption of innocence, and in general act a lot less like a cross between a military junta and a three-ring circus.

In 2002 Red Deer preacher Stephen Boissoin had written a sweaty, sulfurous letter about the Great Gay Conspiracy to the local daily paper (pause for ironic smirk: it’s called the Advocate). Among other things, Boissoin denounced the spectacle of “men kissing men”, which suggests he may not know his way around the synoptic Gospels too well. In any event, a panel of the Alberta Human Rights and Citizenship Commission found him guilty of discrimination-by-the-word, and he was subjected to a fine, prior restraint on his future speech, and a demand for a written apology.

Justice Wilson found that while the speech provisions in the Alberta human rights statute pass Charter muster under the principles of the Supreme Court’s Taylor decision, he put a lot of practical problems in the path of future complainants. A province, Wilson observed, isn’t allowed to duplicate the Criminal Code provisions against hate speech. It’s only allowed to suppress hateful speech that can also be shown to encourage discrimination in the specific areas that lie within provincial powers and are enumerated in the statute—i.e., housing, employment, access to goods and services.

Wilson thus ended up throwing several witnesses who testified against Boissoin overboard: the ex-cop who thought Boissoin’s anti-gay babblings might make teens “act out”, for example, and the shrink who warned that the Reverend’s letter might provoke a second Columbine. (Untold thousands have read the letter who wouldn’t otherwise have seen it, precisely as a consequence of the proceeding against Boissoin, but it doesn’t yet appear to have played a role in any school shootings.) Wilson has thus made expert evidence in future tribunal proceedings a lot harder to come by: the logic of his decision suggests that complainants will no longer be able to round up every bleeding-heart social scientist or self-styled hate expert they can find, but will have to provide evidence of potential economic impacts from hate speech.

Wilson also reaffirmed that the standard of judicial review for Alberta tribunal rulings is a low one, requiring the appellant to raise questions of mere “correctness” in matters of law; he beat up the panel for some of its one-sided interpretations of the evidence against Boissoin; he emphasized that hate speech isn’t hate speech under Taylor unless it’s “unusually strong” and appeals to “deep-felt” emotions; he notes that tribunals must take note of not only the majority decision in Taylor, but also not-yet-Chief Justice McLachlin’s monumental dissent warning against vagueness and subjectivity; he observes that Taylor also requires hate speech to have been repetitive; he suggests that the law does not generally concern itself with “puny anonymities”, but only with speech that is likely to be influential and dangerous in some way; and he notes that the AHRCC panel had no statutory warrant for any of the punishments it levied on Boissoin.

And believe it or not, I am leaving some criticisms out. The Commission has a Herculean amount of procedural and constitutional cleanup ahead if it hopes to scrutinize speech and press activity in Alberta. Which is good. It would be better still for the legislature to take the “fundamental freedoms” in the Charter as seriously as other provinces do, and eliminate the Commission’s jurisdiction over the press altogether, but it seems that won’t happen while Ed Stelmach is premier.

Thinking about the old Ignatieff

By Mark Steyn - Thursday, October 15, 2009 at 2:40 PM - 95 Comments

In Ottawa on Monday, I kept getting asked—including by three stray passersby on Wellington Street—what Beatles song Michael Ignatieff should sing. Oh, come on, you don’t really need a professional for this, do you? Help! Yesterday (All my troubles seemed so far away). The Fool On The Hill. Hello, Goodbye. Get Back (to Harvard and a little light BBC hosting) . . .

I wasn’t really in the mood to pile on Iggy, poor chap. I was in town to testify to the House of Commons Select Committee on Justice and Human Rights about the Canadian “Human Rights” Commission’s assault on individual liberty and freedom of expression. And, mainly because I’ve been yakking about this subject for a couple of years now and have pretty much exhausted my stock of free-speech quotations from Milton to Salman Rushdie, just for variety’s sake I decided to cite Michael Ignatieff to the committee. I was talking about the assertion by Chief Censor Jennifer Lynch that, Canada’s constitution notwithstanding, there is “no hierarchy of rights,” only a “matrix” in which “freedom of expression” has to be “balanced” by modish group rights and collective rights. And I responded with a blast of Professor Ignatieff: Continue…

The fat cats vs. Blazing Cat Fur

By Mark Steyn - Wednesday, July 8, 2009 at 11:30 AM - 88 Comments

The other day Iris Evans, the finance minister of Alberta, gave a speech to the Economic Club of Toronto. And right at the end she suggested that parents ought to be prepared to make some economic sacrifice in order to be at home with their young kids. “When you’re raising children,” she said, “you don’t both go off to work and leave them for somebody else to raise.”

For some reason, David Swann, the Leader of Her Majesty’s Loyal Opposition, felt this warranted an official statement from him. Can you guess what it said? Okay, stand well back:

“If she really said these things, she must apologize. If she doesn’t apologize, the premier must fire her,” said Mr. Swann. “These are truly outrageous claims. I have never been as stunned by the sheer arrogance and ignorance of the Tories as I am today.” Continue…

Name the date, Jennifer. I’ll be there.

By Mark Steyn - Thursday, June 25, 2009 at 8:55 AM - 91 Comments

Last week, I wrote about the neo-nationalist and quasi-fascist parties elected to the European Parliament. When a political movement calls itself, as in Bulgaria, the Attack Party, one naturally expects to hear the martial drum of approaching jackboots. But, in western Europe and in North America, the reality is that fascism pitter-patters in on cashmere slippers, smooth, unthreatening and beguiling as it gently ushers us ever deeper into Soft Despotism (to use the title of Paul Rahe’s new tome) or (to take Kathy Shaidle’s and Pete Vere’s book) The Tyranny Of Nice.

And so it is that the Canadian “Human Rights” Commission, after lying low during the worst year-and-a-half in its existence, now feels it safe to poke its head above the parapet. A year ago, at the height of publicity over its investigation of Maclean’s for publishing an excerpt of my book, the CHRC sought to get itself off the hook in the traditional manner: commission a report. They signed up professor Richard Moon, who’s no pal of mine and is distressingly partial to state censorship. Yet, amazingly, his findings, published at the end of last year, recommended the abolition of Section 13—not, alas, on the grounds that this abominable “law” licensing ideological apparatchiks to police the opinions of the citizenry is at odds with eight centuries of Canada’s legal inheritance, but on the narrower utilitarian basis that in the age of the Internet Section 13 is unenforceable.

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Rebellion at short notice is her specialty.

By kadyomalley - Tuesday, May 27, 2008 at 10:31 PM - 0 Comments

UPDATED! New info after the jump!

I think most emphatically not:

Staffer fired as Conservatives scurry from sex film screening

OTTAWA — A provocative movie about the sex lives of young people is too hot for some Conservatives to handle – and a parliamentary staffer has been fired for ordering tickets to a special screening.
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