Gay Pride | Gay Shame

So this is hate speech.

What then, is this? (Content Warning: explicit, disturbing, and offensive photos).

For those who might miss the point: hypocrites. Western society has moved from non-criminalisation of homosexuality to a forced sanction.

It might be good to note that not everyone is seeking a political answer to a spiritual problem. See this article by John Piper, as well as this one.

On Free Expression | Mark Steyn

Mark Steyn: I hate to say I told you so. Actually, I don’t. I love it

As I have said, section 13 is not a right-left thing

by Mark Steyn on Tuesday, June 19, 2012 5:40am –

I hate to say I told you so. Actually, I don’t. I love it.

Richard Warman (photo by Tony Fouhse)

“Coloured people don’t like Little Black Sambo. Burn it. White people don’t feel good about Uncle Tom’s Cabin. Burn it.”

Thus, Ray Bradbury in his prescient 1953 novel Fahrenheit 451. On June 6, the day after Bradbury’s death at the age of 91, the House of Commons passed Brian Storseth’s private member’s bill repealing Section 13 of the Canadian Human Rights Act. Fahrenheit 451 draws its name from the temperature at which books burn; Canada’s Fahrenheit 13 is its frosty northern inverse—the temperature at which the state chills freedom of expression. Free speech is the lifeblood of free societies, and, as this magazine has learned over the last half-decade, our decayed Dominion was getting a bad case of hypothermia.

We’re not alone in this. In Britain, Australia, France, Denmark, the Netherlands and many other places, democratic societies have become far too comfortable in policing the opinions of the citizenry. But even by comparison with our Commonwealth cousins and Western Europe, Section 13 and its provincial equivalents are repugnant—practically, philosophically, and operationally.

 

As a practical matter, an extremely narrow licence to combat the mortal threat to Canadians of 1970s answering machines effortlessly metastasized into investigating the country’s most-read magazine for publishing an excerpt from a No. 1 Canadian bestseller. Which was entirely predictable to everyone except genius jurists on the Supreme Court—because make-work bureaucracies are never going to content themselves with being a little bit pregnant.

Philosophically, it was a cure worse than the disease: Ian Fine, the senior counsel of the Canadian “Human Rights” Commission, declared that his organization was committed to the abolition of hatred—not “hate crimes,” not even “hate speech,” but hate—a human emotion; you know, like the human emotions the control-freak enforcers attempt to abolish in Invasion of the Body Snatchers and The Stepford Wives. Any society of free peoples will include its share of hate: it could not be human without it. And, as bad as racists and homophobes and Islamophobes and whateverphobes may be, empowering Mr. Fine’s ever more coercive enforcement regime to micro-regulate us into glassy-eyed compliance is a thousand times worse.

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 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.”

Unlike Canada’s government-in-waiting, I don’t want the state to have a “mandate” to “educate” the citizen about his opinions. Generally speaking, re-education camp hasn’t worked out so well in those systems that have adopted the Garrison program. Yet joining him, inevitably, in a final desperate defence of Section 13 is Bernie Farber, former head of the Canadian Jewish Congress and Barbara Hall’s rumoured successor as Ontario’s Chief Censor. Capt. Farber is determined to go down on the Good Ship Stupid. As evidence of the need for Section 13, Mr. Farber excitedly tweeted that “when Nazis rejoice we known [sic] something must be very wrong.” Section 13 is all that stands between you and jackboots on the 401!

Just for the record, the last “hate crime” conviction secured under Section 13 was an Internet post read by just eight people, which works out to 0.8 per cent of a Canadian per province, or, if you include territories, 0.6153 per cent of a Canadian—most of whom were undercover civil servants playing dress-up Nazis. Indeed, at least one of those 0.6153 per cent of a Canadian was Mr. Farber or one of his colleagues, since the CJC was an “interested party” on the suit and presumably, if they were that “interested,” they actually read the thing.

But nobody else did.

There is a tragic quality to the obtuseness of what Ezra Levant calls Canada’s “official Jews.” Europe is awash in explicit Jew-hatred on a scale unseen since the Second World War: synagogues are burned, schools are attacked, children are murdered, and, even on quieter days, Jews are enjoined to walk around Toulouse and Amsterdam and Malmo without any identifying marks of their faith. In Calgary, demonstrators of a certain, ahem, religio-cultural background march under placards proclaiming “Death to the Jews!” In Toronto, their comrades stand on sidewalks and express enthusiasm for a new Holocaust. But, as long as there’s one last penniless loser neo-Nazi getting his swastika tramp-stamp touched up at the tattoo parlor in Redneck Junction, Bernie knows his priorities. Canada’s “human rights” regime is less than useless against real threats to social tranquility, but it does enable cardboard crusaders to enjoy cosy sinecures pursuing phantom enemies.

Meanwhile, Warren Kinsella, whom older readers may recall as Jean Chrétien’s attack poodle, began his column bemoaning the end of Section 13 by asserting that people would now be free to use the words “Kike. Nigger. Faggot. Paki. Chink.”

Actually, lots of people use those words all the time. Mordecai Richler used to refer to his favorite berth at Le Mas des Oliviers as “the Kikes’ round table”; there is nary a gangster rapper for whom the epithet “nigger” is not as omnipresent as “moon” and “June” were in less attitudinal ditties; and the best-known comedy sketch of Canada’s acclaimed Kids in the Hall has just one word in the script, recurring over and over: “Fag.” As for “Chink,” a couple of years ago Kinsella himself was forced to make a grovelling apology to “the Chinese community” after an ill-advised jest about ordering the cat at his favourite restaurant in Ottawa: even the most censorious of politically correct enforcers occasionally forget themselves and accidentally behave like normal human beings. Kinsella made the mistake of assuming that, just as rappers can sing Strictly For My N.I.G.G.A.Z and gay comics can do fag jokes, so a Liberal of impeccable Trudeaupian credentials is free to engage in feline Sinophobia. You would think, after the Chinese cat got his tongue, that Mr. Kinsella might be somewhat chastened. But no, he too is determined to go down with the Good Ship Stupid:

The boy stood on the burning deck

When all but he had fled

Denouncing ev’ry naughty word

Emerging from his head.

“You weren’t hurting anyone, you were hurting only things!” wrote Ray Bradbury in Fahrenheit 451. “You were simply cleaning up. Janitorial work, essentially. Everything to its proper place. Quick with the kerosene! Who’s got a match!” Toss ’em on the bonfire—criminal words, illegal cat jokes, they’re only things.

I wish Randall Garrison and the other defenders of censorship and secret trials and 100 per cent conviction rates understood. As I said here years ago, it’s not a right-left thing, it’s a free-unfree thing. And I’m glad the Parliament of Canada is finally on the right side of that divide.

 

 

THIS is the problem with the Canadian Charter of Rights: "Reasonable Limits" (a repost from the National Post)

“. . . and guess who gets to determine “reasonable!”

Karen Selick: The language police come to Ontario

  Jun 20, 2012 – 7:00 AM ET | Last Updated: Jun 19, 2012 3:38 PM ET

Blair Gable/Reuters

Blair Gable/Reuters

The wish of some Ontario francophones to live in a fantasy world regarding the importance of the French language outweighs their neighbours’ Charter right to freedom of expression — according to the Ontario Court of Appeal.

Okay, okay — that’s not quite how the court put it. But that is nevertheless the essence of last week’s decision in the case of Jean-Serge Brisson and Howard Galganov against Russell Township.

Four years ago, 70% of the commercial signs outside businesses in Russell Township (a municipality of about 15,000 people near Ottawa) were bilingual. For a group of francophone zealots, 70% wasn’t enough. They entreated town council to make bilingual signs mandatory for all businesses.

The proposal was highly controversial among both anglophones and francophones. Two local chambers of commerce opposed it. A committee struck by council recommended against it. Nevertheless, council passed the by-law by a 3-2 vote, requiring all new exterior commercial signs to be bilingual, with the dimension and style of lettering being identical in French and English.

Jean-Serge Brisson owns a radiator repair shop in Russell. Despite being fully bilingual, Brisson erected a non-compliant sign, with his business name solely in English and his services listed solely in French. Brisson then challenged the by-law, together with bilingual anglophone Howard Galganov (who had posted a sign written entirely in English).

The two were slapped down by Justice Métivier of the Superior Court of Justice in a 2010 judgment that I described in an article back then as “disturbingly illogical”. Unfortunately, last week’s decision from the Ontario Court of Appeal was not much better.

The Court of Appeal did at least correct one error made by the lower court: It correctly held that the bylaw violated citizens’ rights to freedom of expression under the Canadian Charter of Rights and Freedoms. Freedom of expression includes the right not to express oneself in a particular language. “Freedom consists in an absence of compulsion,” they wrote, quoting the Supreme Court of Canada.

But then, astonishingly, they said the violation was justified under Section 1 of the Charter — the section that allows governments to violate fundamental freedoms if the violations are “reasonable limits … demonstrably justified in a free and democratic society.”

The appellate court seemed completely hoodwinked by evidence that confused the behaviour of free citizens acting voluntarily with the behaviour of dragooned citizens acting under state coercion. For instance, the court accepted the expert opinion of a bureaucrat with the Eastern Ontario French School Board to the effect that “the by-law indicates that the French language has value in the community outside of schools and family life.”

Nonsense. When the francophones of Russell henceforth see business signs in both official languages, they will no longer know whether anyone inside can actually talk to them in French. They will no longer know whether the “bienvenue” genuinely welcomes them, or is merely an artifact of coercion forced upon an unwilling — and possibly resentful — anglophone or allophone. Anyone who accepts this as an indication that French is either valued by the sign’s proprietor or valuable in communicating with him is accepting an illusion — a fraud — manufactured by Russell’s town council. The inference that French is valued by businesses could not validly be drawn unless businesses chose voluntarily to use that language.

Another expert gave his opinion that the by-law is a “symbolic recognition of the equality of the French and English languages and cultures.” Symbolic indeed. Symbolic and false.

The truth is — and the court had these facts before them — that the use of the French language at home in Eastern Ontario decreased from 23.8% of the population in 1971, to a mere 15.6% in 2006. If the francophone population themselves lack the motivation or wherewithal to keep their numbers up, why should other people be coerced into maintaining the illusion of parity for them? Is phony symbolism really an important enough objective to override a freedom so important to Canadians that it is enshrined in our constitution?

Also absent from the decision was any explanation of how the by-law, which would force Brisson to add English to his mostly French sign, achieves the goal of promoting or preserving the French language. Charter jurisprudence requires that Section 1 overrides be rationally connected to their objective, but this connection can only be described as irrational.

The decision contains other leaps of illogic too numerous to discuss here. One can only hope that Brisson and Galganov will be able to mount an appeal to the Supreme Court of Canada, and that the SCC will place greater value on a constitutional freedom than on a charade designed to mollify some busybodies’ wounded pride.

National Post

Karen Selick is the litigation director for the Canadian Constitution Foundation, which intervened in this case to support freedom of expression.