CBC's The Current had four guests on about the current dustup before the B.C. Human Rights Commission between the Canadian Islamic Congress and Maclean's magazine over the Mark Steyn article The Future Belongs to Islam.
I'll offer some notes below, in order of appearance. For the most part, I'm summarizing. For exact quotes, listen to the items (click on part two):
"Khurrum Awan is one of four law students who originally launched the complaint against Maclean's":
He said they found the following things objectionable about the article:
1. Muslims are poised to take over Western societies through their growing numbers and impose an oppressive form of Islamic law; that this is inevitable, and it will occur through a "bloody transfer of real estate" (Steyn's words)
2. Muslims share the basic goals and objectives of terrorists
3. Provide a demographic base that supports terrorists
Q: Why not seek hate crimes criminal charges?
HR approach is a moderate one. Mark Steyn is not the object of the complaint. Complaint is with Maclean's, which has published 21 articles that are anti-Muslim. "There are even articles that allege Muslims engage in sex with children and animals, that Muslims drink the blood of their enemies, that even refers to them as 'sheep shaggers'."
No contra-view to any of these articles.
Really don't want to prosecute media organizations, "we simply just want to participate in the discussion. In our case, what happened is Maclean's refused to permit that, and so we took it to the human rights commission."
SCC has endorsed hate speech provisions of HR legislation because doesn't criminalize speech.
If tribunal finds against Maclean's, all we're seeking is a declaration of that fact.
Q: Biggest issue - Steyn said these things or Maclean's refused a response?
The second. ...
If print inflammatory material, have to provide "meaningful opportunity" for response.
"Andrew Coyne is a columnist with Maclean's magazine and blogged from the B.C. Human Rights Tribunal in Vancouver:"
People entitled to debate the merits of Steyn's article.
He opposes to having "the state" adjudicate such disputes.
Maclean's published 27 letters to editor after story ran (note: I've heard 10 were against it - Bill D.)
CIC, studented wanted to publish a 5,000-word, unedited response with control over the magazine's cover.
"I don't know of any magazine ever that's ever consented to that kind of demand."
The demand for a right of response undercuts the hate speech argument.
"If this is a legal matter, as they're claiming, a promotion of hatred, how would the reply change that? If this article was inflaming everyone against Muslims, how would their reply change that? Or if it would change that, doesn't that make our case, which is that the answer to speech is speech."
The complainants later said they would withdraw the complaint if Maclean's "capitulated," he said.
Q: Pattern of racist articles?
Coyne rejects accusation.
Maclean's criticized "reasonable accommodation" backlash in Quebec with article headlined "Are we a nation of bigots?" and McGuinty government for opposing the widening of religious schools funding. Defended right to Muslim schools.
Q: Fallout?
"I'm more worried if we win."
Speech should not be a matter of criminal law or "quasi-judicial tribunals with their crazy lack of rules of evidence."
Would like to see a higher court strike down relevant portion of B.C. Human Rights Code -- "likely to expose" language.
"Can't even plead truth as a defence in B.C. tribunal process."
"Barbara Hall is the Chief Commissioner of the Ontario Human Rights Commission:"
"We think the Ontario code is quite adequate. It protects freedom of expression. However, it gives the commission a broad role."
Commission isn't a court. Receives complaints, obliged to try and settle them.
Felt in this case, didn't have jurisdiction under code to deal with it.
However, part of commission's role is to promote human rights.
Q: Accused Maclean's of promoting Islamophobia.
"We have the right to comment on things that we think may or do contribute to discrimination."
Felt this article contributed to a climate of discrimination.
Q: Coyne objects to state tribunals.
"To promote and advance human rights?"
Maclean's talking freedom of expression. Part of that are commissions that raise issues.
"We are a body whose role is to protect and promote and advance human rights."
Q: In position to lay down terms about how the media handles these issues?
Commissions has right to raise issues, challenge.
"How does the media deal with freedom of expression in a country with a Charter that protects many rights."
Maybe media should be talking in this context -- what impact did article(s) have on Muslim Canadians.
Q: Surprised by reaction?
Surprised by how little people understand role of commissions, and how antagonistic the response is.
"I support freedom of expression and Maclean's' right to print all kinds of things."
Want a debate.
"Do communities like the Muslims in this country have an adequate voice to counter powerful media."
"Alan Borovoy, general counsel of the Canadian Civil Liberties Association and one of the architects of modern Canadian human rights law:"
Q: Do you think HRCs should deal with cases like this?
"I have less problem with HRCs commenting on cases like this than I do with HRCs invoking the coercive power of the state to suppress this kind of expression."
CCLA believes there must be a right to express, "whether you agree with it or not or whether you like it or not."
HRC laws can suppress the expression of opinion.
The law targets states "likely to expose people to hatred or contempt."
No grounds for intent. Truth not a defence.
Serious books on the Holocaust could considerably run afoul of HRC provisions.
Q: How to set up safeguards against racism, promotion of hatred?
"Through more speech. Through criticism, commentary, challenge, picketing, demonstrating -- all of the techniques that organizations like ours used to bring about human rights law and human rights commissions in the first place."
Borovoy differentiated between discriminatory behaviour and discriminatory opinion.
Q: F of E not an absolute right?
Agree. "There are no absolutes on planet Earth ... But saying freedom of speech is not an absolute, doesn't mean this is a proper area to curtail it."
Scholars who said some troubled societies where ethnic cleansing occurred (Rwanda, the Balkans) had long-established racism problems could expose them to allegations of "promoting hatred" under HRC provisions.
Q: How seriously do you regard pot'l outcome of B.C. case?
"To whatever extent there is any question of the right of Maclean's to publish this magazine, I would view this very seriously."