Tied Up In Court

"How can the tribunal determine if BDSM falls within the meaning of 'sexual orientation' if it does not have a full understanding of what BDSM means?"

That's Justice Anne Rowles, of the British Columbia Court of Appeals, who apparently doesn't have an internet connection to Google.

It looks like a guy applied to the cops for a chauffeur's license and was turned down. Upset, he decided to take the police to the BC -- you guessed it -- Human Rights Tribunal. He feels he is being discriminated against not because of the usual gender/religion/race stuff, but because he practices BDSM, which he believes should be protected as a human right of sexual orientation.

It turns out the appeals court isn't sure what sexual orientation or BDSM are, so the case will proceed to the Human Rights Tribunal as planned.

It seems we're treading onto ever-thinning ice each day. Maclean's brought to the Ontario Human Rights Commission for running a book excerpt. Ezra Levant brought to the Alberta Human Rights Commission for publishing the Danish Muslim Cartoons. Now the police brought before the BCHRC over fetish sex (but not fetish for long).

It may sound like a joke, but it isn't funny (all right, it's a little funny, "Bring out the gimp," so forth), but let's say the BDSM deal falls under "sexual orientation." The next time somebody cracks wise about whips, chains, or handcuffs, they could be brought up on a human rights rap. Pulp Fiction would be tossed on a fire of censored films, and the police themselves might not be able to use handcuffs anymore because it offends the BDSM crowd.

Don't think it can happen? Stay tuned. And by the way, what's with all the provincial human rights commissions? Makes you wonder what happened to the Criminal Code of Canada.

Mind you, it does bring up a lot of interesting defences.

"Where were you on the night of the 15th?"

"I can't remember."

"Then you're coming downtown."

"But I read Playboy with my dog while I hang on the ceiling from bungee cords."

"Damnit. All right, you're free to go."

More on the story here.