Liveblogging the Maclean's Trial V: Stand and Deliver
By Andrew Coyne - Friday, June 6, 2008 - 0 Comments
Merciful heavens, it’s the last day. Time for final arguments…
Faisal Joseph for the…
Merciful heavens, it’s the last day. Time for final arguments…
Faisal Joseph for the complainants: We’re here to right a terrible wrong. Case involves a complicated intersection of two important values — free speech and the right to be free from discrimination. Neither trumps the other, in his view. Not all speech is afforded the same protection — speech that is not close to the “core value” of free speech is not as well protected. That would be hate speech. Doesn’t advance truth-seeking, because it silences the target group. Doesn’t advance their self-development, etc.
Not offensive speech we’re after, but hate speech. And only on enumerated grounds — so just exposing individual polticians, say, to hatred is okay, but not those groups listed in the code. Two-part test under the code: does the speech itself espouse hatred, and is it likely to cause others to hate.
Going through the case law on Sect. 7.1 of the BC Human Rights code. Factors to take into account: the vulnerability of the target group, the tone of the message, whether it’s presented as opinion or fact, the context, the method of dissemination. Particular case that’s noteworthy: Canadian Jewish Congress vs. North Shore News (ie the “Doug Collins” case.)
Stressing that it’s a two-part test, so free speech is well protected. eg. Speech that is neutral in tone, but might cause someone else to hate, is not caught; ditto speech that is itself hateful, but might not cause others to hate. Catches “only the speech that is appropriately silenced.” Application ensures there will be no — he pauses to do big air-quote — “chilling” effect.
Concedes some speech within a “shaded” area will be suppressed — but will only require authors who are “close to the line” to “think very carefully” about how they say it. Continue…
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Liveblogging the Maclean's Trial IV: Habib and Habib Not
By Andrew Coyne - Thursday, June 5, 2008 at 12:00 PM - 0 Comments
We’re back, and the first item for business is Joseph demanding an apology for…
We’re back, and the first item for business is Joseph demanding an apology for yesterday’s “scaredy-pants” outburst, which he says is causing his client “stress.”
It seems he is going to call Habib, but first wants to introduce yet another piece of last-minute evidence, from yet another blog post — this one from the California-based “Free Republic” site — which is yet again operated from somewhere in that vast section of the universe that is outside the jurisdiction of the tribunal. McConchie is raising objections, probably futilely.
10:21 AM As indeed they prove.
Naiyer Habib (one of the complainants) now on the stand. From India, came to Canada in 1973. Lived in Saskatchewan until 2004, then moved to Abbotsford, B.C. (A British Columbia Muslim, at last!) He’s a medical doctor, professor of cardiology. How old? “I don’t want to say that,” he says coyly. Eventually they drag it out of him: 67. Continue…
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Liveblogging the Maclean's Trial III: Die Another Day
By Andrew Coyne - Wednesday, June 4, 2008 at 12:03 PM - 0 Comments
Day three dawns, and the crowds have thinned. Maybe a dozen spectators today, none…
Day three dawns, and the crowds have thinned. Maybe a dozen spectators today, none of the protestors (pro-Steyn!) of the first day. Media is down to me and Brian Hutchinson of the National Post, whose fine piece on yesterday’s proceedings is definitely worth a read. Ian Mulgrew also offers a trenchant article in the Vancouver Sun. (UPDATE: My mistake. The Province is here, as was Terry Milewski of the CBC, at least to start. Also some smaller publications.)
Further assigned reading, on the whole damn mess: Convenant Zone.
First witness today is Faiza Hirji, an expert in “analyzing stereotypes in the media with regard to minorities,” with a speciality in Muslim minorities. She’s a prof in communications at Carleton School of Journalism. Also heavily into gender and “discourses.” Masters thesis on “representations” of Afghan women during the 2001 war. Doctoral work on media “constructions” of religion and nationalism in Bollywood films. Currently writing an encyclopedia entry on media and the Muslim world. She talks very quickly.
10:00 AM Maclean’s counsel Roger McConchie is working through her c.v., perhaps in an attempt to poke holes in her credibility. Personally, I think she’d make a fine human rights commissioner.
Her dissertation, he’s pointing out, was in Indian cinema and identity construction, and not, say, stereotyping of Muslims in Canadian national weekly current events magazines. Now going through her publications in refereed journals (sample title: When Local Meets Lucre: Commerce, Culture and Imperialism in Bollywood Cinema.) Other articles deconstruct Queen Latifah, Buffy the Vampire Slayer, and … still more Bollywood. Continue…
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Liveblogging the BC HRT, Day Two: A Day That Will Live in Entropy
By Andrew Coyne - Tuesday, June 3, 2008 at 12:18 PM - 0 Comments
Lots of good coverage of yesterday’s proceedings, beginning with the mighty Ezra Levant, who…
Lots of good coverage of yesterday’s proceedings, beginning with the mighty Ezra Levant, who had so much fun he’s staying on another day. Also Brian Hutchinson, my old stable mate at the Post, pays appropriate homage to the majesty of it all. Plus the great man himself, of course, and uber-blogger Michelle Malkin and Jay Currie and … well, I better get in while there’s a chance of a seat…
9:32 AM Habemus dongle! The good folks at Rogers — wonderful people, never said a bad word about them — have kitted me out with some sort of external modem thingie, so I will not be forced to type with my thumbs today. KDO, I don’t know how you do it!
9:34 AM The tribunal enters. There’s a little ritual that plays out each time: the two contending sides, and some of the spectators, rise, as you would for a real judge in a real court. The rest of us stay seated, in silent protest.
9:36 AM Faisal Joseph up for the complainants. He’s promising to treat us to a tour of some of the seamier parts of the blogosphere. No guilt like guilt by association. He dumped a bunch of material on the Maclean’s side only last night — and apparently some more stuff this morning — which would ordinarily be out of order but not, as by now you will have guessed, here.
9:40 AM Kurrum Awan back on the stand. Joseph entering a Sept 2006 Ottawa Citizen poll in evidence, showing that two in five Canadians back racial profiling. Aha, clearly the evil hand of Steyn at work: he’s already influencing public opinion even before the Maclean’s piece appeared!
Whoops – not a poll, just a clipping of a Doug Fisher column. (Doug Fisher!? I thought he’d retired by then?) The panel is solemnly studying it… And studying it…. And studying… Now they’re going to “retire” to consider it. In this case that means actually leaving the room — as often as not they just kind of swivel round in their chairs and put their heads together, like kids sketching out a football play, though I’m willing to guess the other two go along with whatever the chair, alpha-commissioner Heather MacNaughton, says.
9:53 AM I remain impressed with Steyn’s ability to influence opinion even in advance of publication. I admit this seems implausible. However, we must always remember, good people of Salem, that when when it comes to witches, all things are possible, natural and supernatural… Continue…
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Liveblogging the BC Human Rights Tribunal—Day I, Part II
By Andrew Coyne - Monday, June 2, 2008 at 6:41 PM - 0 Comments
Earlier: Liveblogging the BC Human Rights Tribunal—Day I, Part I
1:34 PM PST…
AndEarlier: Liveblogging the BC Human Rights Tribunal—Day I, Part I
1:34 PM PST
And we’re back, with more gripping testimony on what my friend objected to in my friend’s representation of my friend’s deposition…1:36 PM
The chair is reading their “ruling” on the admissibility of Prof. John Miller’s testimony—though on what basis they propose to decide is a mystery, since THERE ARE NO RULES OF EVIDENCE. They more or less have to make it up as they go along.Anyway, they are ruling it inadmissible, because it’s irrelevant. Or is it irrelevant because it’s inadmissible?
1:39 PM
Also ruling on Khurrum Awan’s testimony, as an Ontarian. They’re going to take it, but rule on particular bits of it as they come up. Sigh.1:42 PM
So now we’re going to hear about how the article affected him. He says Steyn didn’t distinguish between diffferent types of Muslims, painted all with a broad brush. He’s going through the more inflammatory passages in the article… -
Liveblogging the BC Human Rights Tribunal—Part I
By Andrew Coyne - Monday, June 2, 2008 at 3:09 PM - 149 Comments
So we are in, and almost ready to go. As trials of the century/year/week…
So we are in, and almost ready to go. As trials of the century/year/week go, this one is decidedly down-market: the courtroom would make a good walk-in closet. Maclean’s legal team is out in force, a phalanx of half a dozen suits. The opposing counsel, by contrast, is one suit and two or three badly-dressed juniors. If I didn’t know the stakes, I’d be rooting for them. Actually I am rooting for them, in a strange sort of way. Don’t tell my employers, but I’m sort of hoping we lose this case. If we win—that is, if the tribunal finds we did not, by publishing an excerpt from Mark Steyn’s book, expose Muslims to hatred and contempt, or whatever the legalese is—then the whole clanking business rolls on, the stronger for having shown how “reasonable” it can be. Whereas if we lose, and fight on appeal, and challenge the whole legal basis for these inquisitions, then something important will be achieved. Hang on, we’re starting…
9:33 AM PST
The three member-panel has entered, chaired by Heather MacNaughton. She hasn’t gotten six words out before one of the spectators shouts out, “could you speak up please?” To her credit, she takes it in stride…9:36 AM
The Chair is reviewing the legal history of the complaint. Apparently they have no jurisdiction over the Maclean’s website. So that’s a relief…9:39 AM
“Proceedings before the human rights tribunal are considerably less formal than before a court,” the chair advises. Yes, indeed: unburdened by stuffy old rules of evidence, for example…9:41 AM
We have friends: the BC Civil Liberties Association and the Canadian Association of Journalists are here as intervenors.9:46 AM
Lead counsel for the complainants (i.e., Mohamed Elmasry and the Canadian Islamic Congress) is Faisal Joseph. Leading off for Maclean’s is Roger McConchie, a BC human rights lawyer; Julian Porter will be coming on later to do the cross-examinations…9:51 AM
Lawyers for the two sides are wrangling now over what witnesses the complainants are going to call, and whether “my friend” had properly informed “my friend” as to what “my friend” (the first one) had planned…













