Is this a trickle of reason?

Democracy is a wonderfu ideal.  Yet, there will always be a question of how to exercise our democratic rights, while preventing a ‘tyrrany of the majority’?

To many people, the best answer is:

Protecting the rights of each and every individual, the minority of ‘one’,  is the best and only way to ensure the protection of the whole society from tyrrany by the State.

Yet, not everyone agrees.  The philosophy which seems to currently be gripping much of ‘the Western world’ turns its back to the individual, turns a blind eye to the violations of individual freedoms, in favour of collectivism.  I have wondered how much of this is a philosophical difference, how much is simply due to the attitudes inherrent in different political systems.

Many people today think that the best way to ensure peope are not discriminated against – the best way to promote tolerance and harmony within a society – is to put limits on the freedom of speech.  By instituting ‘hate speech laws’, these people argue, hate and prejudice will not be allowed to spread and will, eventually, be eliminated from our society.

I wish this would be so!

Time and time again, ‘hate speech laws’ have not only failed to reduce prejudice, I woud argue that they have allowed it to fester, until a time when it erupts in hateful and abominable acts.  What is worse, they have resulted in political institutions which are invariably used to opress, all in the name of preventing opression.  We have seen this happen many times in history, but we still seem unable to learn the right lessons from history!  

Let us consider the example of  Germany in the 1930’s.  After all, it is precisely to prevent atrocities such as the Holocaust that ‘hate speech laws’ are being instituted.  Yet, in Maclean’s, Mark Steyn (both he and Macleans are also being persecuted under ‘hate speech laws’) quotes Canada’s leading libertarian lawyer, Alan Borovoy, as saying:

“Remarkably, pre-Hitler Germany had laws very much like the Canadian anti-hate law. Moreover, those laws were enforced with some vigour. During the 15 years before Hitler came to power, there were more than 200 prosecutions based on anti-Semitic speech. And, in the opinion of the leading Jewish organization of that era, no more than 10 per cent of the cases were mishandled by the authorities. As subsequent history so painfully testifies, this type of legislation proved ineffectual on the one occasion when there was a real argument for it.”

To the contrary!  Hitler, once elected, effectively used these laws to usurp power.

Should there be ANY limits on speech?  Mr. Levant, also currently being persecuted by the thought crime police, has videotaped part of his interrogation by the Alberta HRC.  He makes the most passionate, well reasoned speech on the attributes of free speech

But, is tide turning?

For the past several years, what would appear to be illegal behaviour in both its investigations and prosecutions by the HRCs in Canada has inexplicably been tolerated.  Now, this may come to an end. This week, the Royal Canadian Mounted Police (RCMP) have announced they are opening a criminal investigatigation of some actions by the HRCs.  Ezra Levant has more information on this. 

Australia may also be changing its ideas with regard to limiting freedom of speech.  As Robert Jago writes on Dime a Dozen, Australia’s Liberal Party is calling for a change to its ‘hate speech laws’, because they have been shown to promote, not curb, divisions in their society! 

But, perhaps the best news comes from Erope! Czech Republic is a nation of reason (fully 59% of Czechs describe themselves as atheists, agnostics or non-believers) and their scepticism extends to other areas, as well.  Lubos Motl, one of the world’s leading theoretical physicists, writes that Vaclav Kaus, the President of Czech Republic, has vetoed an ‘anti-discrimination’ bill.  His justification?

“I consider the bill to be a useless, counterproductive, and low-quality bill while its consequences seem to be problematic….”

 Good on you, Czechs!

You can read the full, well reasoned and excellent speech here.  Mr. Motl writes that, ironically, “Because the bill has been “ordered” by the European bureaucrats and the country may face sanctions (let’s say it: the Czechs may be discriminated against) if the anti-discrimination bill is not approved”

Yes, the overwhelming bureacracies still want to control every aspect of society, including what we say and think.  But, little stories like this make me hopeful.  Perhaps these are the beginnings of a real change in attitudes:  one that will place more value on each and every individual, and treat all of us with the respect and equality in the eyes of the law that we deserve!

Has the dyke of opression finally sprung its first little leaks of reason?

 

P.S.  President Klaus’ book, ‘Blue Planet In Green Chains – What is Endangered:  Climate or Freedom’ is due for release in English this month.  

A letter to my PM

For those of you not following the Canadian struggle for free speech, this letter, which I emailed my Member of Parliament today, may seem a little confusing.  Here is a REALLY quick recap:

In order to provide disadvanteged groups easy and affordable access to legal protection agains illegal discrimination, Human Rights Commissions (HRCs) were established several decades ago:  one federal (Canadian, or CHRC) and one for each province.  These HRCs have, lately, been interpreting their mandate in unforseen ways, asserting that any speech which ‘potentially could’ have negative impact on individuals or groups because of their race, creed, disablitiy, and other reasons, must be censored and that this censorship overrules any rights of freedom of speech, freedom of press, freedom of thought.

Many individuals, and some media organizations, have been going through several years long legal battles in their defense of their inalienable rights.  Even the very people who originally created the HRCs have been apalled at the misuse of their powers in recent years…  What is even worse, recently released tribunal transcripts contain admissions by some HRC employees which suggest that in their zeal to pursue (and entrap) people whom they are investigating, criminal laws are being violated.  That is a serious matter, because no government agency should be allowed to break laws in order to enforce laws…

The Minister of Justice recently said what I understand to mean that as far as the Canadian Government is concerned, all is fine…hence, my letter.

Dear Mr. [MP], 

Thank you for your kind reply, in which you say you will direct my concern over the HRCs and their actions directly to the Minister of Justice.  It arrived at about the same time as the Minister of Justice made his position on this situation known….   

How unfortunate that the official Government position is based on a brief by Mr. Tsesis, who is not regarded highly among the experts in this area and whose disregard for supportable facts required to assess causality can clearly be seen in the document he produced. 

For example, Mr. Tsesis claims:  “[Hitler fomented] a mass delusion that Jews were responsible for bad times, and as a result, a Holocaust could be perpetrated against them without general opposition.”   This displays blatant ignorance of (or disregard for) the fact that during the 1930’s, Germany did indeed have ‘hate speech’ laws, which (ironically?) were almost identical to those we have in Canada today!  Jewish leaders in Germany in the 1930’s expressed satisfaction with the protections from persecution which they and their community received under these ‘hate speech’ laws. 

Since ‘hate speech’ laws were present in Germany of the 1930, proposing (as Mr. Tsesis does) that our current ‘hate speech’ laws are the one tool necessary to prevent another Holocaust-like event is an error of judgment at best, intentionally misleading at worst.  Either way, it clearly demonstrates the unsoundness of the conclusions in this document.   Basing our national Justice policy on it would be ill advised.

How embarrassing for our Government, to reveal that this is indeed its intention!  How embarrassing for our Minister of Justice!

 Yet, my original comment was not intended to request a simple review of the policies of the Human Rights Commissions by the Government.  It is essential that the Government maintain its ‘arm’s length’ distance from judicial and quasi-judicial bodies.  That should not change.   

The HRCs answer directly to the Parliament of Canada.  It is essential that the Parliament of Canada ensures that bodies such as the HRCs do indeed perform the tasks for which they had been created, and that they conduct themselves in accordance with the laws of Canada, the very laws they were created to uphold!  

 There is a widespread perception among the citizens of Canada that employees of these commissions may have broken criminal laws of Canada while performing investigations on behalf of the HRCs.  This perception is largely based on the information in legal documents, transcripts of hearings from the HRCs themselves.  These statements were given under oath, and in them an employee of the Canadian Human Rights Commission describes actions he took while acting on behalf of the HRC which appear to be a clear and direct breech of the criminal laws of Canada, as well as a blatant breech of the very ‘hate speech’ laws the CHRC was created to uphold.

 It is not, and must never become, tolerable for an Agent of the State to break the laws of the State while acting on behalf of the State.  In order to assure the integrity of our governance structures, it is essential that a full criminal investigation be launched immediately, to determine whether laws were indeed broken, or not. 

 If it is found that criminal laws were broken, a further in-depth investigation will be required to determine whether some rogue employees broke criminal laws on their own, or if the policies of this public institutions are the root causes of criminal behaviour by its employees – in which case, a full evaluation of all the procedures and methodologies of the HRCs would need to be done.  If a criminal investigation determines that laws were indeed broken, laying criminal charges will be required against every employee who broke our laws as well as against all supervisory personnel (currently or in the past employed by the HRC’s), who, through ignorance or complicity, allowed this illegal behaviour within their department to take place. 

 If the perception that criminal laws are being broken at the HRCs is erroneous, it is important that we, the citizens of Canada, see them exonerated, so that we may again place our trust in our government agencies and institutions.  

 This determination cannot be made without a full criminal investigation of the HRCs, their procedures, methodologies and practices, as well as of the conduct all of its employees, past and present.  Therefore, I ask that you, Mr. Poilievre, as my Member of Parliament to which the HRCs report directly, channel your efforts and energies to launching a full and thorough investigation into this whole mess.

 Thank you.

If you wish to read more on this saga, please see the excellent sites Blazing Catfur, Ezra Levant, Mark Steyn, Small Dead Animals, and many, many more…