Mark Hemingway is right to say that free speech in Canada โdoes not exist in any meaningful wayโ. As the British Columbia โHuman Rightsโ Tribunalโs rambling and incoherent decision makes plain, Macleanโs and I were acquitted of โflagrant Islamophobiaโ for essentially political reasons โ because neither the court nor its travesty of a โhuman rightsโ code could withstand the heat of a guilty verdict. Jay Currie puts it well:
The way I read this decision is that it imposes a two part test: a) are your words offensive and hurtful? b) are you a major media organization with deep pockets represented by serious lawyers. If โaโ and not โbโ you are a hate monger; if โaโ and โbโ you are engaged in political debate.
Just so. Because we spent a ton of money and had a bigshot Queenโs Counsel and exposed the joke jurisprudence and (at the federal โhuman rightsโ commission) systemic corruption, the kangaroo courts decided that discretion was the better part of valor. The Ontario โHuman Rightsโ Commission ruled they werenโt able to prosecute the case because of a technicality โ I offered to waive the technicality, but the wimps still bailed out. If you have the wherewithal to stand up to these totalitarian bullies, they stampede for the exits. But, if youโre just an obscure Alberta pastor or a guy with a widely unread website or a fellow who writes a letter to his local newspaper, theyโll destroy your life.
I sympathize with the Canadian Islamic Congress, whose mouthpiece feels that, if the British Columbia pseudo-judges had applied the logic of previous decisions, weโd have been found guilty. Heโs right: Under the ludicrous British Columbia โHuman Rightsโ Code, we are guilty. Which is why the Canadian Islamic Congress should appeal, and why I offered on the radio an hour ago to chip in a thousand bucks towards their costs.






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