Sunday, November 1, 2009

Non-discrimination and Egalitarianism at the Heart of Silencing (Free) Speech

Paul Belien of the Brussels Journal has written a devastating article on the European Union’s plans to implement a common hate crime legislation. As a preliminary to this, the EU approved the Equal Treatment Directive last spring. The Directive works towards:
[I]mplementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation... The directive applies to social protection and health care, social benefits, education and access to goods and services, including housing…

Under the directive, harassment – defined as conduct “with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment” – is deemed a form of discrimination.
Which is exactly what the Canadian Human Rights Act implemented back in 1977. From the website MapleleafWeb.com:
The Canadian Human Rights Act was introduced by the federal government in 1977. In addition to prohibiting discrimination at the federal level, the Act also established a human rights commission system, which included the Canadian Human Rights Commission (CHRC) and the Canadian Human Rights Tribunal (CHRT)…

The Act also prohibits the communication of hate messages. This includes messages that encourage discrimination, hatred of a group, or which involve comments that are demeaning to a group. Initially, this prohibition was reserved only for the communication of hate messages through the telephone. In 2001, the Act was amended to explicitly include the Internet, making it unlawful to communicate hate messages on a website or via email. The Act does not apply to communications through other mediums, such as television, radio, or print media (these mediums are, instead, covered by the Canadian Broadcasting Act).
So if one Act doesn’t cover it, another one springs up conveniently.

But, more is in the machinations. The Criminal Code of Canada has a specific “Hate Propaganda” section. This from ReligiousTolerance.org:
[T]he "Hate Propaganda" section of the Criminal Code of Canada (Section 318 & 319) prohibited the expression of hatred against -- or the advocacy of genocide of -- four "identifiable groups:" people distinguished by their "color, race, religion or ethnic origin."…
Bill C-250 added sexual orientation to the list of "identifiable groups" when it was signed into law on 2004-APR-29.
Thus, anti-discriminatory measures loom big in Canadian society as a basic "Canadian Right" and as part of the Criminal Code. And they clearly are going to become a large part of European life. Restricting free speech and freedom of expression is just one of the outcomes of these policies of non-discrimination and egalitarianism. They have become our modern worldview, our mantra, and they are changing the very nature of the Western world in profoundly unexpected ways.

I have written about it extensively in my posts on the HRCs, and especially in a long post titled: "Section 13 Is Not All About Censorship, But It’s All About Prohibiting Discrimination." I have even challenged Ezra Levant to open up his perspectives on free speech. And, it bears repeating, that the immediate problem involves Muslims, who were the complainants in the dramatic nationally and internationally covered cases involving Levant, Mark Steyn and MacLeans magazine.