I just got back to Canada and heard that the latest installment of Steyn Wars has wrapped up. In case you don't remember what the Steyn Wars are all about, you can read one of my re-caps here.
I wrote that piece back on June 2nd. Four months later the British Columbia Human Rights Tribunal has turned in their verdict on Mark Steyn and Maclean's magazine (the Canadian Human Rights Commission and the Ontario Human Rights Commission already punted). The question put to the tribunal was this: "Did Steyn's article, and Maclean's printing of it, expose Muslims to hatred and contempt?"
Their answer:
The panel has concluded that the complaints are not justified because the complainants have not established that the Article is likely to expose them to hatred or contempt on the basis of their religion. Therefore, pursuant to s. 37(1) the complaints are dismissed.
There's two ways you can take that. 1) the tribunal punted, wanting the whole Steyn affair to go away so they could carry on with life. 2) the tribunal weighed the "evidence" and made a good, fair decision.
Either way, you're screwed. Here's why:
The panel has concluded that the complaints are not justified. If you're a believer in free speech, then that statement tells you everything you need to know. The "panel" believes it is in their power to hear complaints about written words, and weigh them as to their political correctness. This time, apparently, the complaints weren't justified. Next time they could be. You have no way of knowing when or if you've written something that will land you in front of the tribunal until you land in front of the tribunal. So it's still a case of "write at your own risk."
...the complainants have not established that the Article is likely to expose them to hatred or contempt on the basis of their religion. There's that magic word again. Likely. How do you possibly prove or disprove that something is likely to expose you to anything? It's completely subjective. The fact that the tribunal is still using the Likely Rule shows they have learned nothing from this fiasco. Nothing, that is, except that they enjoy having absolute power over whomever they accuse, try and convict in the court of public opinion and in the tribunal's shadowy realm of righteous political thought. Likely covers all the bases. Likely keeps them in business. Note too that the panel does not say Steyn isn't a bigot worth shutting up. They're just saying the complainants didn't establish it well enough.
This time hatred or contempt was unlikely. Next time, it could be likely. And notice that two-letter word "or." What if hatred will be unlikely, but contempt likely? Or vice versa? In any case, every time you put pen to paper you have remind yourself that you can be seen as being contemptuous of someone, somewhere.
That's their goal, of course. Fear. I don't think it matters a whit to the tribunal if they ever hear another case. Their point is to put that germ of an idea in your head: think twice before you speak your mind. Be worried. Be afraid. What does fear get them? Control. Once in a while the tribunal may have to throw someone under the bus to get their point across, but it will never be someone famous ever again. Bet on that.
I've seen some gloating in the blogosphere, as some writers poke their thumb in the eye of the tribunal. Steyn has a list of them on his site. Many of these writers believe that the tribunal's showing its true colors. They're laughing at the tribunal's cynicism. I'm not sure why, since it's obvious that the tribunal has scored another win.
For the human rights bureaucrats, their Steyn troubles are over. It was probably the last high profile case they will ever hear. Never again will they allow themselves to be dragged into the mainstream press like this. Far better for them to stick to nobodies like tavern owners, bloggers, and small time politicos.
In short order, the media's interest in these star chambers will die down to nothing. Being good bureaucrats, the tribunal released news of this decision on a Friday at 3pm EST, heading into a weekend and right before a Federal election. This news will be buried by Saturday afternoon, and by Monday morning it will be forgotten completely.
Canada's human rights bureaucrats might be power hungry thugs, but they aren't idiots. Bloggers beware. For you, it's still open season, and probably will be from here on out.
(Update: I found Steyn's take here).
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