Tag Archives: Speech Code

Free speech hero Mark Steyn reflects on the demise of Section 13 fascism

Canada 2011 Federal Election Seats
Canada 2011 Federal Election Seats

Kathy Shaidle at Five Feet of Fury linked to this editorial which explains how the battle for free speech was won up in the frozen North.

Excerpt:

Justice Minister Rob Nicholson had voiced support for the legislation. So had the Prime Minister. The result, then, was never in doubt: at 9:35 p.m. on June 6, by a vote of 153-136,  Parliament got Canada’s human rights bureaucrats out of the business of policing speech on the Internet. There was a scattering of applause, and handshakes for Storseth (the bill requires the rubber stamp of Senate approval). “To be honest, it’s all a blur,” says the three-term MP, laughing. But if the passage of Bill C-304 represents a fundamental shift in Canadian culture, you’d never have known it that night. Members dealt with a few housekeeping matters, then waded through a supply bill. Finally, one by one, they trickled out into the cool Ottawa night.

The effect of killing Section 13 will be debated for years among anti-racist groups and civil libertarians. But it is undoubtedly a turning point. Since 1999, Canadians who felt aggrieved by material transmitted online have been encouraged to seek redress under federal human rights law, which targeted material “likely to expose a person or persons to hatred or contempt” based on grounds of discrimination like race, religion or sexual orientation. Storseth’s bill repeals the provision outright, leaving the Criminal Code as the primary bulwark against the dissemination of hate propaganda by electronic means.

With it will go one of the most divisive disputes to grip the country since the introduction of the Charter of Rights itself—a contest of values that over the past five years has pitted Canadians’ desire to protect minorities from discrimination against the bedrock principle of free speech. Mainstream media outlets, most notably Maclean’s, have been hauled before commissions to answer for their published content. The commissions themselves have come under fire for allowing their processes to be used as a bludgeon against legitimate expression, tailored as they are to encourage complainants to come forward. Meantime, a Saskatchewan law similar to Section 13 has become the subject of a Supreme Court challenge that could invalidate hate-speech provisions in most provincial human rights codes. By year’s end, it is conceivable that no human rights commission in the country will be in the business of adjudicating published material.

And here’s a must-read cri-de-coeur from free speech hero Mark Steyn in Maclean’s magazine. (H/T Binks the Web Elf)

Excerpt:

Operationally, Section 13 was stinkingly corrupt. There are some 34 million Canadians, yet just one individual citizen had his name on almost every Section 13 prosecution of the last decade. Just as Matthew Hopkins appointed himself England’s Witchfinder General in 1645 and went around the country turning in raven-tressed crones for the bounty of a pound per witch, so Richard Warman appointed himself Canada’s Hatefinder General and went around turning in shaven-headed tattooed losers in their mums’ basements for far more lucrative bounties of tens of thousands of dollars. He filed his complaints as a supposedly “offended” and “damaged” private citizen while an employee of Her Majesty’s Government. And, in fairness to Matthew Hopkins, he didn’t personally put on a pointy black hat and ride around on a broomstick. Whereas Mr. Warman joined Stormfront and other “white supremacist” websites and posted copious amounts of hate speech of his own, describing, for example, Jewish members of cabinet as “scum” and gays as a “cancer.” That’s how “hateful” Canada is: there’s so little “hate” out there that the country’s most famous Internet Nazi is a taxpayer-funded civil servant.

For Warman, there was little risk: you paid his costs, and the dice were loaded. After Hosni Mubarak was “re-elected” with 97.1 per cent of the vote, he was said to be furious with his officials for stealing too much of the election and making him look like one of those crude ham-fisted dictator-for-life types like Saddam and Kim Il-Sung. So next time round his officials arranged for him to “win” with a mere 96.3 per cent of the vote. Canada’s “human rights” commissars had no such squeamishness: until the tenacious Marc Lemire won his landmark victory in 2009, Section 13 prosecutions had a three-decade 100 per cent conviction rate even the Soviets might envy.

That wasn’t even the most basic affront. Until Maclean’s intervened in 2008, Lemire’s Section 13 trial was scheduled to be held in secret. I couldn’t quite believe this when I chanced to happen upon the “judge’s” rationale, and I suggested en passant that we should get Maclean’s estimable QC Julian Porter to file a whatchamacallit, a brief or motion or whatever, referencing precedents and other jurisprudential-type stuff, and put a rocket up these totalitarian buggers by treating their dank outhouse of pseudo-justice as a real courtroom subject to real law. Secret trials are for Beijing and Tehran, yet in the name of “human rights” they were introduced to Ottawa.

The line that sums up my objection to the racket was formulated by the Toronto blogger Kathy Shaidle: “You’re too stupid to tell me what to think.” In recent days, the last lonely defenders of the Canadian thought police have all volunteered to demonstrate Miss Shaidle’s proposition. The Opposition [NDP] critic for “public safety,” Randall Garrison, bemoaned the demise of the commissars’ “power to educate Canadians.” “We do have a serious problem,” said Garrison. “If you take away the power to take [websites] down, it’s not clear they have any mandate to even talk to people about it and educate them about it.”

The Conservatives held up their end of the deal once they got their majority, didn’t they? Everyone who said they were not going to do anything with their majority should hang their heads in shame, now. They can’t do everything, but they can certainly do some things.

This is a lesson for us down here. If you love your country, then get out and vote in November! And make sure your friends vote, too – you should be convincing them to vote by giving them the facts about Obama’s catastrophic failures even now.

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Canadian conservatives pass bill to repeal Section 13 speech code

Canada 2011 Federal Election Seats
Canada 2011 Federal Election Seats

It’s the end of the Canadian speech code. (H/T Andrew)

Excerpt:

The federal Conservatives voted late Wednesday to repeal controversial sections of the Canadian Human Rights Act banning hate speech on the Internet, backing a bill they say promotes freedom of expression and would have the courts play a larger role in handling hate-crime cases.

In a free vote of 153 to 136, the Tory caucus supported a private member’s bill from Alberta Conservative MP Brian Storseth that would scrap Section 13 of the human rights code, which deals with complaints regarding “the communication of hate messages by telephone or on the Internet.”

Storseth argues the current human rights code fails to protect freedom of speech, which is guaranteed under the Charter of Rights and Freedoms, and believes Canadians are better off if the government repeals sections 13 and 54 — the latter section dealing with associated penalties.

“It’s a really important step for freedom of expression in our country,” Storseth said Thursday, the morning after the bill passed third and final reading in the House of Commons.

“There hasn’t been a tremendous pushback as you would have seen seven or eight years ago when this issue first really arose, and I think it’s because there has been a fruitful debate in our country.”

Senior cabinet ministers supported the bill and the results generated loud applause from Conservative MPs. Prime Minister Stephen Harper is overseas and wasn’t present for the vote. Most opposition politicians voted against the bill, although Newfoundland and Labrador Liberal MP Scott Simms supported it.

Storseth, a backbencher, said the current human rights code allows too many frivolous cases to proceed against citizens, when the Criminal Code already covers hate speech that could generate harm against an individual or group.

Acts of hate speech are serious crimes that should be investigated by police officers, not civil servants, he said, adding that the cases should be handled by “real judges and real lawyers,” instead of a quasi-judicial body such as the human rights commission.

The bill would effectively strip the human rights commission of its ability to rule on cases of hate speech over the phone and Internet, he said, and instead hand many of the powers to the courts.

Storseth said he has also been speaking with colleagues in the Conservative-dominated Senate in hopes the bill will pass through the upper chamber and receive royal assent by the end of the year. The bill contains a one-year implementation period.

For those who need a refresher course on how bad these secular leftist fascism panels really were, you can read this article about the punishment received by a Christian pastor who wrote an editorial critical of gay activism in the schools. He was put on trial for 5 years and had to pay over $100,000 in legal fees, including the legal fees of his accuser. His crime? Making his accuser feel offended.

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Gay student gets Christian campus club suspended at SUNY Buffalo

From Christian Post.

Full text:

The State University of New York-Buffalo (SUNY Buffalo) is looking into allegations that a Christian campus group is in violation of school policy and the law by requiring its leaders to sign a faith-based statement.

This week’s investigation by a committee of the Student Association comes after sophomore Steven Jackson stepped down from a leadership position with InterVarsity Christian Fellowship over differing views on sexuality.

JoAnna Datz, president of the Student Association at SUNY Buffalo, told The Christian Post Wednesday that “the [investigative] committee has been meeting and collecting objective information, reviewing the Student Association Constitution, clubs documents, and just collecting information.”

She said there is a lot of information that the senators need to be educated on regarding what happened between Jackson and the club.

On Friday, the university’s newspaper, The Spectrum, reported on a letter sent to InterVarsity’s executive board informing the group of its suspension. It stated: “All peripheral privileges afforded to Student Association clubs are revoked for Intervarsity Christian Fellowship until further notice.”

[…]Jackson served as InterVarsity’s treasurer and is openly gay.

Datz told The Christian Post that when a club is formed at SUNY Buffalo their constitution is reviewed before they can become recognized. So originally InterVarsity’s constitution was approved. But if they made any changes since its inception, none of those have been reviewed by the SA. It wasn’t until last year, Datz said, that a rule was put in place that any changes to club constitutions must be reviewed.

The investigation committee will be looking over InterVarsity’s constitution. The campus group requires leaders to be in agreement with its doctrinal statement, purpose statement, and living a life of Christian integrity. Membership, however, is open to all.

The requirement that leaders sign a certain set of beliefs is at the heart of the controversy. Datz said this week they have also been debating the differences between membership and leadership in this particular case.

Jim Lundgren, director of Collegiate Ministries for Intervarsity, stressed to The Christian Post that the organization does not discriminate based on sexual orientation. In Jackson’s case, however, “he decided to pursue a sexually active homosexual relationship” and InterVarsity doesn’t affirm a sexually active relationship outside of marriage.

SA’s executive board is expected to make a decision this coming Sunday at their meeting.

If InterVarsity is found to be in violation of antidiscrimination policies, Datz said the senate could choose to derecognize them as a club, take away their funding or require that they change their constitution.

But now I turn to the underlying problem.

Some Christians don’t think there is a problem with that

The Biblical standard is no sex before or outside of marriage and marriage is defined as being between one man and one woman. In general, even divorce isn’t permitted. That’s what Christians believe about sex. So what happens when someone who doesn’t believe that wants to join a Christian organization in a leadership capacity?

Christians are not being mean when they exclude a person from an assembly of Christians because of a public, unrepented, sinful lifestyle.

Look at 1 Cor 5:

1 It is actually reported that there is sexual immorality among you, and of a kind that even pagans do not tolerate: A man is sleeping with his father’s wife.

2 And you are proud! Shouldn’t you rather have gone into mourning and have put out of your fellowship the man who has been doing this?

3 For my part, even though I am not physically present, I am with you in spirit. As one who is present with you in this way, I have already passed judgment in the name of our Lord Jesus on the one who has been doing this.

4 So when you are assembled and I am with you in spirit, and the power of our Lord Jesus is present, 5 hand this man over to Satan for the destruction of the flesh, so that his spirit may be saved on the day of the Lord.

 6 Your boasting is not good. Don’t you know that a little yeast leavens the whole batch of dough?

7 Get rid of the old yeast, so that you may be a new unleavened batch—as you really are. For Christ, our Passover lamb, has been sacrificed.

8 Therefore let us keep the Festival, not with the old bread leavened with malice and wickedness, but with the unleavened bread of sincerity and truth.

 9 I wrote to you in my letter not to associate with sexually immoral people— 

10 not at all meaning the people of this world who are immoral, or the greedy and swindlers, or idolaters. In that case you would have to leave this world. 

11But now I am writing to you that you must not associate with anyone who claims to be a brother or sister but is sexually immoral or greedy, an idolater or slanderer, a drunkard or swindler. Do not even eat with such people.

 12 What business is it of mine to judge those outside the church? Are you not to judge those inside? 

13 God will judge those outside. “Expel the wicked person from among you.”

So, this might be a surprise to many of you, but there is actually a lot of support for the idea of shunning someone who claims to be a Christian, yet who openly commits to a lifestyle that opposes the Bible’s moral standards. 1 Cor 5 actuallysays that it is ok to get along with non-Christian sinners, and not OK to get along with people who claim to be Christians but who are in some serious sinful situation that they are not sorry about at all. I think it’s a great idea to be friends with people who are non-Christian, and to treat them nicely, so long as they know that we disagree with them on certain issues and they are OK with letting us do that. Everyone sins – but Christians shouldn’t sin unrepentantly and repeatedly and then try to justify it as consistent with Christianity. But non-Christians are exempt from Christian moral rules, obviously.

What annoys me is when nice “Christians” try to make me feel guilty for taking the Bible seriously on sexual morality. Just because you want to think of yourself as “nice” according to the standards of the age, and you want non-Christians to like you and ask you out with them to movies, it doesn’t mean that suddenly it has become OK to redefine the Bible to mean what you want it to mean. Those rules are there for a reason, and your job is to adapt your views and defend them. You aren’t in charge.

The problem is that Christianity has been redefined so that people in the Church now think that their job is to sing happy songs, feel good, and then go out into the world telling everyone that the Bible has nothing at all to say about right and wrong. Instead of telling people “you are free to do what you like, but doing X is not wise or moral”, now we say “whatever you want to do is fine with me, as long as you feel good”. We want to be liked by men more than we want to be liked by God.