The Canadian Red Ensign

The Canadian Red Ensign
Showing posts with label libel. Show all posts
Showing posts with label libel. Show all posts

Saturday, January 25, 2014

Malice

In the Anglican prayer book the collect to be said upon the Sunday after Easter is:

Almighty Father, who hast given thine only Son to die for our sins, and to rise again for our justification: Grant us so to put away the leaven of malice and wickedness, that we may always serve thee in pureness of living and truth; through the merits of the same thy Son Jesus Christ our Lord. Amen

It is from this collect that Robertson Davies obtained the title for the second novel in his trilogy set in Salterton, a fictional, although loosely based on Kingston, community in Ontario. The plot of Leaven of Malice follows the events that unfold due to the placing of an advertisement in the Evening Bellman newspaper announcing the upcoming nuptials of Pearl Vambrace and Solomon Bridgewater. The problems with the ad are numerous. The wedding is set for the 31st day of a month that has only 30 days. Jevon Knapp, the dean of St. Nicholas Anglican Cathedral where the wedding is set to take place reads about it for the first time in the newspaper. So, for that matter, do the couple in question, whom we met for the first time in Tempest-Tost where they participated in an amateur production of the Shakespearean play alluded to in the title. They are not in fact engaged and worse the young lady is the daughter of Professor Vambrace whose one-time rivalry with the young man’s father for a deanship at the university had developed into an animosity between the two families comparable to that of the Capulets and Montagues.

The malice which spreads like leaven throughout Salterton in the book, begins with the malice of the person who placed the spurious advertisement out of spite against both the couple named and Gloster Ridley, the editor of the newspaper. It spreads to the elderly busybody Puss Pottinger and Matthew Snelgrove, lawyer and diocesan chancellor who share a dislike of Humphrey Cobbler, the irascible cathedral organist that causes them to baselessly and irrationally accuse him of placing the advertisement. The extent to which it infects old Mrs. Bridgewater who exercises a soft tyranny over her son is not fully evident until the third novel in the trilogy, A Mixture of Frailties, in which the vengeful terms of her will are revealed. It is perhaps most evident, however, in Professor Vambrace, whose response to the advertisement of his daughter’s engagement to the son of his hated rival is to threaten a suit of libel against the newspaper and, when the newspaper fails to apologize in a way that he deems satisfactory, take steps to initiate that lawsuit.

Malicious libel suits are not limited to the realm of fiction alas. Last fall a jury delivered a verdict against Mark and Connie Fournier, the administrators of the conservative message board Free Dominion, and two of the members of their board, in a lawsuit for libel that had been brought against them by Richard Warman several years previously. The jury awarded Warman $42, 000 in damages plus costs. On Thursday, January 23rd 2014, Justice Robert Smith of the Ontario Superior Court awarded those costs, raising the total bill the Fourners have been ordered to pay Warman to $127, 000. He also issued what is in effect a gag order. He gave an injunction against the Fourniers that prohibits them from publishing anything negative about Richard Warman. As a consequence, Free Dominion has been closed to the public because due to this injunction all anyone possessed of malice towards the Fourniers would need to do is post something negative about Warman and it would mean an automatic trip to jail for them for contempt of court. This, of course, means that Free Dominion, can no longer perform the function of a public forum for which it was created. Appropriately, the Fourniers have placed in large red letters the announcement “Censored! Closed to the Public” across the main page of their site.

The verdict and Justice Smith’s decision are both tremendous injustices in my informed opinion. Richard Warman, the plaintiff, is a human rights lawyer, who formerly worked for the Canadian Human Rights Commission, who made multiple complaints under Section 13 of the Canadian Human Rights Act, and who is a noted activist for the progressive cause of anti-racism. This means that he is a public figure, whose actions affect the interests of the public and are therefore subject to public discussion and debate. The threshold for what constitutes defamation against a public figure is supposed to be much higher than what constitutes defamation against a private citizen. In this case, however, the threshold was lowered. Several of the Free Dominion posts deemed to be libelous against Warman consisted merely of name calling. Name calling is not supposed to constitute actionable defamation. It is my opinion that the handling and outcome of this case are not only grounds for the verdict and ruling to be overturned upon appeal but for disciplinary action to be taken against the court.

The ridiculously high amounts the Fourniers have been ordered to pay constitute what is known as punitive damages. Punitive damages are awarded to plaintiffs in civil lawsuits as a means of punishing the defendant. To obtain punitive damages the plaintiff is supposed to be able to show malicious intent on the part of the defendant. This would seem to be the justification on the part of the plaintiff and the court for allowing the inclusion of the kind of insults that would normally not be considered actionable within this suit.

They do not show any such thing, however, for there is no malicious intent to be shown. The Fourniers started Free Dominion thirteen years ago as a public forum for the promotion of small-c conservative ideas. What those ideas basically consist of are classical liberal views of political and economic freedom and conservative moral and social stances such as those held by evangelical Christians, traditional Catholics, and other conservative faith groups. Part of their understanding of political freedom is the idea of freedom of speech, that government and law should not be used to control what people think or say. The Fourniers’ opponents on the left have accused them of inconsistency because they moderate what is allowed to be posted on Free Dominion but this charge is not valid. Belief in free speech does not mean that you have to provide a platform for every idea out there. It means that you oppose the use of law and government power to curtail the expression of thoughts, whether you yourself agree or disagree with those thoughts.

This is where Richard Warman enters the picture. As an employee of the Canadian Human Rights Commission, Warman worked for the government. It is my understanding that he still is an employee of the government in some capacity. More importantly, however, because this is what became the subject of public discussion, he was a complainant in multiple cases using Section 13 of the Canadian Human Rights Act. The Canadian Human Rights Act was a bill passed by Parliament in 1977 during the premiership of Pierre Trudeau that prohibits people and businesses from discriminating against other people in certain situations – employment, housing, etc. – on the basis of criteria such as race, sex, religion, etc. Section 13 of this Act, which Parliament rescinded in a bill passed last June that comes into effect this June, declared certain types of speech, i.e., speech which is “likely to” expose someone to “hatred or contempt” on the basis of his race, sex, etc., to be discrimination when it is communicated electronically. Warman made numerous complaints under this Section which is why he and his actions came under criticism from people, like the Fourniers, who are concerned about the erosion of free speech in this country.

Many of Warman’s defenders have argued that because Section 13 was Canadian law he should not be criticized for using it. That is a ridiculous line of argument. If the government were to pass a law saying that on a certain day every year it is legal to beat up elderly people and take their money would that mean that we should not criticize or condemn those who took advantage of that law? Section 13 of the Canadian Human Rights Act was bad law. Indeed, the entire Canadian Human

Rights Act is bad law, because while it is laudable for a government to adopt a policy of non-discrimination towards the people it governs it is reprehensible for that same government to prohibit those same people from discriminating among themselves. Those who use bad laws against their fellow countrymen are as much the proper subjects of criticism as the laws themselves.

In opposing Warman’s actions and allowing them to be freely criticized on their message board the Fourniers were not acting out of malice but out of principle. Indeed, if it is evidence of malice that you are looking for you might do better to look for it on the other side. This lawsuit is one of several that the plaintiff filed against the defendants. He has launched several other similar lawsuits against several other defendants as well. He asked for a crippling amount in punitive damages and an injunction that prevents the defendants from operating their website as the public forum it was intended to be. Surely in all of this there is far more evidence of an intent that has been leavened with malice than in the principled refusal to allow someone else to dictate what you will or will not say or allow to be said on your own website? As Dean Knapp said of malice in Davies’ novel, “You find it, for instance, in unfounded charges brought against people that we dislike.”

The malice that is on display here, I hasten to point out, is not necessarily personal malice. Not being God, I am not priviledge with the ability to peer into Warman’s heart on the assumption that he actually possesses one and therefore make no judgement as to what may or may not be found there. Rather the malice on display here and in the Schadenfreude that could be found dripping from the entries and comments on blogs of those progressive, forward-thinking, types who followed this case every time they had a Warman victory and a Free Dominion set back to report is the malice that is inherent within anti-racism.

The malice in racism is easy to see. Malice is ill will and evil design towards other people. Racism can be defined either positively or negatively. Defined positively it is the belief in the superiority of a race, typically one’s own. Defined negatively it means a dislike of a particular race or other races in general. When that dislike comes with a desire or intent that its object suffer harm then malice is clearly present in racism. The malice in anti-racism is harder to see, because anti-racism defines itself as opposition to an evil that stands in the way of universal peace, harmony, and getting along, a desire for which could hardly be described as malicious. Yet malice is present in anti-racism where it has indeed leavened the whole lump.

Anti-racism is itself a leaven that has thoroughly permeated Western culture in the last half century. Clergymen in churches, pedagogues in schools, professors in universities, journalists in newspapers and on television and silly entertainers in media of all sorts have joined together in spreading the message that we must all learn to get along with each other and that in order to do so we must stop attaching any importance to race or ethnicity. Those who do so, at least if they are white people, are racists who stand in the way of universal peace and harmony. They must therefore be shunned, treated as social pariahs, and practically be considered outlaws (an outlaw is someone who has been declared to be outside the protection of law so that whatever is done to him will be without legal consequence). There is clearly malice present in this way of thinking.

Consider the anti-racist position on laws like Section 13 of the Canadian Human Rights Act. It is basically that laws like this are needed to protect “vulnerable minorities” against a resurgent Nazi movement and that the concern that such laws unjustly infringe upon basic rights and freedoms such as freedom of thought, speech, and association is unwarranted because the laws only target racists. Apart from the fact that the minorities they are concerned about are in no way vulnerable and that the resurgent Nazi movement they are worried about is nothing more than a bugaboo what this position ultimately amounts to is “who cares, it is only racists and they deserve it”.

It is the nature of malice, however, like all leaven, to grow and spread. Lawyers who defend murderers and rapists in court are not considered to be tainted by the criminal guilt of their clients. Lawyers who defend people on so-called “hate” charges are viewed by anti-racists with the same contempt their clients are viewed regardless of what their own ideas may or may not be. Mark and Connie Fournier of Free Dominion are not racists. Indeed, if anything they are moderate anti-racists. Their stand against hate speech laws is based entirely upon the idea that infringing upon the freedom of speech of some is infringing upon the freedom of speech for all and the test of one’s commitment to freedom of speech is one’s willingness to extend it to those with whom one disagrees and not just those with whom one agrees. For taking that stance, progressive anti-racists have ridiculed them and accused them of being apologists for racism. In July of 2005, Richard Warman in an address to the group Anti-Racist Action in Toronto, described his methods of combatting neo-Nazi groups, saying that the approach he found to be most effective was one of “maximum disruption” which basically meant going after the neo-Nazi groups in as many ways possible at the same time. Can the resemblance between this strategy and his multiple-lawsuit approach to conservative critics like the Fourniers be merely a coincidence?

Sadly, the worst part of the malicious leaven of anti-racism is that its permeation of our whole culture has created widespread indifference to the injustices committed in our midst, first against those whose views are considered to be racist and second against those who are not racists themselves but who oppose the injustices committed against racists. How many more degrees removed from actual racism will the injustices have to spread before we shake off that indifference?

Friday, October 11, 2013

Lucy’s Day in Court – A Short Story

Justice Bob Baddecision of the Ontario Inferior Court, was having a good day. Upon his arrival at the courthouse that morning, the first case he had heard had been one of disputed possession. Old Bill Fussbudget had filed a complaint that his neighbour, Jimmy Jackanapes had been stealing fruit from his apple tree. Last year it had been Jimmy who had laid the exact same complaint, regarding the exact same tree, against Bill. This had been going on, back and forth, for years. The tree lay right on the line between their adjacent properties and while inspectors had been sent out to assess the matter more times than either man could count, none had been able to come to a definitive decision as to which party held the legitimate title to the tree, which bore fruit that could rival the juiciest and tastiest of any grown commercially in the Niagra region.

Enter Justice Baddecision. In a decision, that he felt certain would go down in the annals of jurisprudence as the greatest display of wisdom since the days of King Solomon, he issued an order that the tree be cut down and chopped into firewood, half of which was to be given to one man and the other half to the other. When this ruling was announced, at first the courtroom fell silent, undoubtedly out of awe and admiration at the judicious manner in which a bitter dispute that had vexed the community for years had been resolved. When, after a few moments of this silence, the plaintiff recovered his voice sufficiently to ask what was to become of the current crop of apples, the last that the tree would ever bear, he was told that the apples were being taken into custody by the court.

On an entirely unrelated note, allow me to mention that Justice Baddecision and his wife were famous for their homemade apple cider, which had won numerous awards at municipal and provincial fairs. Later that year – and again, I must stress that this is told merely as a point of interest – they would finally win the coveted national award upon which they had set their sights for so very long.

Having started the day so well, the worthy judge awarded himself an early lunch from which he returned to the courthouse at a leisurely pace, to hear the case of John J. Moneygrubber versus Mrs. Poorwidow. The plaintiff, as it turns out, had become the owner of a house in which Mrs. Poorwidow and her family had formerly been tenants, when he bought the mortgage from a bank that was selling off its bad loans. Mrs. Poorwidow had been unable to make her mortgage payments ever since her husband died in Afghanistan. The small amount of money she was able to make in her part-time job went to feeding and clothing her eighteen children. Mr. Moneygrubber had foreclosed on the mortgage almost immediately upon buying it, but the defendant had resisted leaving, as she and her children had no other place to go. Now Mr. Moneygrubber was asking for an injunction ordering the lady and her brood to vacate the premises immediately.

Justice Baddecision, fair-minded and conscientious fellow that he was, carefully listened to the cases presented by both sides. He heard Mr. Moneygrubber argue that Mrs. Poorwidow was maliciously preventing him from tearing down her house and paving over the lot to provide extra parking for his building next door. He heard Mrs. Poorwidow explain how she had fallen through the cracks of Canada’s generous social safety net, having been told by social assistance workers time and again that she did not qualify since she had a job and was not a member of a visible minority, and that if evicted she and her children would be literally living on the streets. Then he made his decision.

He issued the injunction evicting Mrs. Poorwidow from her home, and awarded Mr. Moneygrubber $50, 000 in damages to boot, even though that had not been asked for, because he felt the remark about visible minorities to be a racist one which offended his progressive, liberal, sensibilities. Besides, he knew that section of town and its dreadful lack of adequate parking well, and who was this Mrs. Poorwidow to stand in the way of progress, anyway. Especially when it caused so much grief for his friend Mr. Moneygrubber, a member of his club, whom he golfed with frequently, and with whom he had enjoyed lunch just the other day.

Yes, the justice was having a very good day indeed. Full of self-satisfaction over the masterful way he had handled these two cases, he leaned back in his chair. He imagined he heard angels, chanting in Latin, singing the praises of his wisdom and justice.

Wait a minute.

The justice leaned forward. He had not imagined it. That was Latin he was hearing. Well, Latin of a sort. What he was hearing was being sung backwards. Not backwards in the sense of the fake, pig-Latin of schoolchildren, but real Latin sung backwards.

Was that the Mass being sung in reverse?

What the devil was going on here?

The justice looked around for a possible source of this peculiar chant but at the moment, with the sole exception of himself, the courtroom appeared to be empty. Could it be coming from outside the building?

Then, it seemed like the courthouse was hit by an earthquake. The room began to shake, the lights went on and off several times, and then a huge crack opened up in the floor. Out of the crevice flames burst forth, giving off a pungent odour, like unto that of rotten eggs.

Someone must have caused an explosion in the basement, Baddecision thought, forgetting for the moment the weird backwards Latin. Then he saw something that nearly stopped his heart.

From the weird, sulfuric flames, which oddly seemed to be casting off darkness instead of light, arose a being. A monstrous being, it was at least five times the size of a human being, with the torso and arms of a man, but the head and legs of a goat, with huge reptilian wings, and a pointed tail. Around its huge, curved horns, a nimbus of darkness hung. Around its neck was a necklace of human skulls. It opened its hideous mouth and out came the most horrible sound you could ever imagine, as if a choir of hissing serpents and howling jackals had teamed up with an orchestra of fingernails against chalkboards, screeching brakes and tires, and rusty hammers falling angrily against anvils to perform Schoenberg’s Pierrot Lunaire while every human soul the beast had ever swallowed screamed out in agony. The creature radiated pure, malevolent evil that struck the judge with a sense of oppression, horror, disgust, and terror all at once.

Then the creature underwent a metamorphosis. Before the judge's eyes it shrunk in stature to the size of an ordinary man. Its non-human features began to disappear, leaving only cloven hooves and horn stumps to indicate the true identify of a distinguished looking man, with long dark hair tied in a ponytail, a goatee, wearing a very expensive, designer suit. The dark halo vanished and an aura of light, albeit a light that looked wrong somehow, as if it had been broken eons ago, began to surround the man.

The judge, horrified at the evidence of his own eyes that the ministers in the United Church he had attended since a boy, who had all assured him that the fiend that stood before him now could not possibly exist and was a superstitious invention of primitive peoples that we all know better than to take seriously these days, were rather ill informed, and, to be quite blunt about the matter, wrong, shook in fear.

“Relax, Your Honour”, the Prince of Darkness began, “I am…”

“I know who you are,” the quivering justice sputtered, “you are the…”

“The devil, Satan, Beelzebub, Mephistopheles, etc. ad naseum”, the fiend finished. “Yes, I have been called by many names. Since we are in a court of law I will go by my original name, Lucifer. You can call me Lucy for short as that is what I prefer”.

“ Lucy? That’s a girl’s name!” the judge, who was beginning to regain his composure, said with a sneer.

All of a sudden a trident appeared in the devil’s hand, and, as he pointed it at the justice, menacing looking lightning jumped from tine to tine.

Judge Baddecision straighted up completely and said “Who do you think you’re trying to scare with that pitchfork of yours.”

Putting the trident down, Lucy responded “That’s odd. It works most of the time.”

“You obviously haven’t met my mother-in-law”, Baddecision retorted. “After being subjected to her tongue for twenty minutes you will fear no other sharp object ever again.”

“Don’t get me started on mothers-in-law.”

“What do you know about it?”

“I had a mother-in-law once. Thousands of years ago, back before the Flood. I met this chick, a real sweet little thing, and drop-dead gorgeous. I married her and her mother never gave me a minute’s peace. I was just not good enough for her little girl.”

“I can’t imagine why she would have thought that.”

“Oh shut up. It was the same thing day after day. Why did you marry him? He’ll never amount to anything. He got himself kicked out of heaven didn’t he? What kind of a future is he going to provide for you in hell? And how on earth are you going to be able to afford to raise my grandchildren? Nephilim eat ten times more than regular size children?”

“What happened to her?”

“She drowned in the Flood. I guess I ought to thank God for that one.”

“Well, she sounds bad, but I still don’t think she could hold a candle to mine.”

“I will have to make her acquaintance. She sounds like she could be of much use to me in the torture chambers of hell”.

“You can have her. Now what in blazes are you doing in my court”.

“Don’t you know? I’m the plaintiff in your next case.”

“What?”

The judge turned to his desk to pick up his file on the next case when he noticed, for the first time, something unusual about it. It was a scroll, made out of a kind of suspicious parchment. Baddecision instinctively knew that he did not want to know what kind of skin had gone into making that scroll. The ink was clearly human blood but it was written entirely in a sort of hieroglyphic writing that used nothing but images of torture, suffering, and death.

“How am I supposed to read this?”

“My bad”, the devil said. “You should have been given the English translation.”

He snapped his fingers, manicured but with each nail filed to a sharp point, and the scroll vanished to be replaced with a more ordinary looking legal document in English.

“Lucifer versus Everett Body,” the judge read. Looking up he asked “Who is this Everett Body? Shouldn’t he be here if you are suing him?”

“What are you talking about?” Lucy said, grabbing the brief. “Curse those idiots in the secretary pool down in legal. They never seem to be able to get anything right. That is a typo. It is supposed to be Everybody.”

“Everybody?”

“Everybody. As in every single person on Earth.”

“What kind of complaint could you possibly have against everybody?”

“It is a defamation suit. I am sick and tired, after thousands of years, of everybody on this little mudball you call a planet, defaming my character”.

“There are two kinds of defamation, libel which covers written material and slander which covers speech. This is…”

“Both. I have been libeled in writing and slandered by word of mouth throughout the ages.”

“But you’re the devil! How can anything anybody ever said possibly defame you?”

“Everything everybody has ever said about me has defamed me. It is all negative. I have the worst reputation of anyone in history.”

“Aren’t the things said about you true?”

“No. Well, not all of them. People blame me for their own bad decisions all the time. How many times have you heard someone say ‘the devil made me do it’? I didn’t make a single one of those people do the things they blamed me for.”

“Weren’t you the one who tempted Adam and Eve in the Garden of Eden, leading to the fall of mankind?”

“Yes, but I didn’t make Adam and Eve eat that fruit. I tempted them to do so, but they chose the fruit of their own free will. It was easy. My job was half-done for me. You should have seen how luscious that fruit was. You would understand, having a soft spot for apples yourself.”

The devil gave Judge Baddecision a knowing wink.

“How do you know about that?”

“Oh please, consider who you are talking to. At any rate, my point is that the things that everybody says about me have sullied my character, tarnished my reputation, and caused me a great deal of emotional pain.”

These words were spoken with a great amount of emotion and at the end, Lucy began to sob violently. Tears fell upon the judge’s desk which burned through it as if they were made of acid. Quickly grabbing a box of tissue, the judge handed it to the devil who wiped his eyes and loudly blew his nose.

“Shouldn’t I be hearing a violin right about now?” the judge sarcastically asked.

“No, I had to give my fiddle away to a little twerp named Johnny down in Georgia a few years back and I haven’t got around to replacing it yet. That’s part of the reason for this lawsuit. I need money. Fiddles of gold aren’t cheap and boy with the way the price of brimstone has been going these days it is likely to be a cold day in hell very soon unless I can get my claws on some moolah.”

“Why don’t you go talk to Mick and Keith? They are rolling in the cash and aren’t they supposed to have sympathy for you or something like that?”

“Yeah, well talk is cheap. They can sing about their sympathy all they want, I have yet to see a dime from either of them, no matter how many times I’ve hit them up for money over the years. Besides, ever since Mick was knighted he has no time for me anymore, like he’s too cool for me now. I invented cool!”

The devil began to blub and sob even louder than before. As more of his desk was disintegrated, the judge was at a loss for what to do.

“Mick doesn’t love me anymore!”

Judge Baddecision, awkwardly threw his arms around Lucy and began to pat him on the back.

“There, there. I’m sure that’s not true. Mick still loves you.”

“Then why doesn’t he return any of my phone calls? Or respond to my friend requests on Facebook?”

“He’s a busy and important man.”

“Its all because of what people say about me. It’s turned Mick against me. Its destroying my self-esteem!”

“Yes, well, I’m very sorry for you and all that, but I still don’t see how you think you have a case here.”

“I understand that according to your defamation laws, once a complaint has been made there is a presumption of guilt against the defendant until he proves himself innocent.”

At this point the judge began to feel rather uncomfortable but he answered “Yes, that is correct”.

“Well, I have made my complaint. I charge everyone in the world with defaming me, in print or by word of mouth. Everything that has ever been said about me has damaged my reputation, hurt my self-esteem, and caused me emotional trauma from which my doctor says I will never recover.”

Here, Lucy handed the judge an affidavit from his therapist stating, that indeed it was his professional opinion that the devil was irreparably psychologically damaged and would never recover.

“The burden of proof is now upon the defence.”

“Where is the advocate for the defendants?”

“I don’t know. That’s not my problem. This is a civil case. Defendants are responsible for providing their own defence.”

“Well what do you say to the truth defence? Perhaps you didn’t make everybody do what they have said you made them do, but surely much of the bad press you have received is accurate?”

“Accurate yes, but it has still impacted me emotionally and harmed my reputation. My understanding is that under your law truth can be offered as a justification of defamatory speech but it is not an absolute defence.”

“Well”, Baddecision hemmed and hawed, “That is true. But come on now, you are the source of all evil in the universe. Surely you cannot expect people to be going around singing your praises and tossing you bouquets all day long? You must admit that you have deserved your negative image?”

Here Lucy gasped in shock.

“Well, I never. I am the victim here, and you, a forward thinking, progressive judge, are blaming the victim!”

“I didn’t mean it like…”

“I imagine that next you are going to say that I deserve it because I am a demon. When will the prejudice and stereotyping of my race ever end?”

“Hey! I didn’t say anything like that. Some of my best friends are demons!”

“Yeah, like I haven’t heard that one a billion times. I think maybe I had better report your remarks to the Ontario and Canadian Human Rights Commissions”.

The judge’s face began to change colour, alternating between various shades of green and grey. His knees began to knock and his legs began to wobble. He shook all over. He suddenly found breathing to be difficult and could see stars swimming around his head, as he contemplated with horror, the thought of being hauled up on a human rights charge.

“No, no, no. I rule in your favour. Everybody is guilty of defaming you. I’ll give you everything you want, damages, costs, you name it. I hearby issue a cease-and-desist order forbidding anybody on this planet from every saying anything negative against you again. Just don’t involve the Human Rights Commissions.”

“Thank you, Your Honour, you have been most reasonable. We must do lunch one of these days”.

As Lucy began to sink back down into the Stygian depths, the judge returned to his seat, and wiped his brow.

“Damn you to hell” he whispered.

“You’re too late to pass that sentence. That happened a long time ago”, a sinister voice muttered, coming up from out of the crack that still was smoking in the floor of the courtroom.

Thursday, October 3, 2013

A Grave Injustice

We are fallen beings, living in a fallen world. Created with free will in the image of God, we were given the choice of obedience and everlasting life on the one hand and sin and death on the other. We chose sin and death – and were exiled from Paradise. God, in His mercy and grace, promised to send a Redeemer Who would lift the curse of sin and death and restore us to Paradise. He gave us that Redeemer in Jesus Christ and one day, through Christ’s redemptive work, we will be restored to Paradise in the New Heaven and New Earth. Before that happens, men will be called upon to give account at the Final Judgement before the throne of God. There, they will find perfect, uncorrupted, justice, tempered, we hope and pray, by mercy and grace.

Until that day, men look for justice upon earth. Such justice as they find will be impure - mixed with injustice and corruption. Often what they will find cannot be counted as justice at all.

We have just received a most unfortunate reminder of this fact. After several years of legal battles, the defamation lawsuit Richard Warman launched against Mark and Connie Fournier of Free Dominion and several members of the conservative message board identified as “John Does” because they posted under online screen names, came to trial a couple of weeks ago. After several days of deliberation, the jury found in favour of Warman, who was awarded $42, 000 in damages plus costs. He is also seeking an injunction from the judge against Free Dominion, which would mean instant jail time for the Fourniers if anything negative were ever posted about him there again.

This decision is a travesty of justice.

The complainant in this case, Richard Warman, is a serial complainant. He launched several complaints under Section 13 of the Canadian Human Rights Act. Section 13 was the portion of the CHRA that declared it an act of discrimination to communicate electronically any words that are “likely to” expose a member of a group protected against discrimination by the CHRA to “hatred or contempt.” Section 13 was itself bad law. All laws against acts of private discrimination are bad laws for that matter, but Section 13 was particularly bad both because it forbade words and thoughts, and because it did so in such a way that virtually anything negative or critical of a protected group or its members might be considered to be grounds for a complaint. Warman is not himself, as far as I can tell, a member of any of the protected groups. Nevertheless, he launched the majority of the Section 13 complaints filed in the last ten to fifteen years before it was repealed.

He has also launched multiple defamation lawsuits. He sued British, New Age, conspiracy theorist David Icke for defamation over remarks the author made about him in his book Children of the Matrix. He sued Paul Fromm, director of the Canadian Association for Free Expression for libel, for remarks he had made about Warman on the internet. He was awarded $30,000 in damages, a ruling that was upheld in every appeal, with the Supreme Court refusing to even hear the case. When the National Post's Jonathan Kay reported on Warman v. Lemire, the last Section 13 case ever heard, Warman sued the newspaper and columnist for defamation. Named as co-defendents were conservative bloggers Kathy Shaidle, Kate McMillan and Ezra Levant, as well as the Fourniers and Free Dominion, all because they had reposted the assertion made in the original article about Warman, that he claimed was defamatory.

When the same person launches so many lawsuits against so many people surely it is appropriate to question whether or not he is acting in good faith. Indeed, to this writer and many others it seems obvious that he is not acting in good faith, that these are vexatious lawsuits initiated for the purpose of harassment and that they should have been tossed out of court ages ago.

Consider the merits of these suits. In his suit against the National Post and assorted co-defendants, the basis of the complaint was that the column in question had reported a claim, made by Bernard Klatt, an expert for the defence in Warman v. Lemire, that Richard Warman was himself the author of a post on Marc Lemire’s Freedomsite (not to be confused with the Fourniers’ FreeDominion) that referred to Senator Anne Cools using extremely derogatory, racist, and misogynistic language. This post – removed by Lemire from the site before anyone else ever saw it – was part of the complaint Warman filed against Lemire.

Warman denies being the author of this post. Whether he was or was not I do not profess to know. The allegation was originally made by an expert witness in a courtroom. Mr. Klatt offered reasons for why he thought the post had originated with Warman. Surely a better method for protecting his reputation, if that is truly Warman’s concern, would be to rebut Mr. Klatt’s reasoning rather than to sue everyone in sight who repeats the allegation.

Let us assume that Warman is telling the truth when he says that he is not the author of the post in question. For words to be defamatory they must have the effect of lowering a person’s reputation or esteem in the eyes of others. Would repeating the allegation that Warman is the author of the Cools post have that effect?

To answer that, let me put another question to you. If you had robbed the Bank of Montreal, Scotia Bank, and the Royal Bank of Canada, would a false accusation that you had also robbed Toronto Dominion lower your esteem in the eyes of others?

Warman has admitted to posing as a racist online under various assumed names. He posted under “axetogrind” at Vanguard News Network and under “Pogue Mahone” at Stormfront, for example. In an affidavit, quoted by Joseph Brean of the National Post, he wrote the following:

I signed up and posted to the neo-Nazi website forums vnnforum.com and stormfront.org as another means of collecting intelligence about the neo-Nazi and white supremacist movements and information about the identities of individuals in Canada that it was my intention to file federal human rights complaints against. (1)

If he has admitted to posing as a racist at Vanguard and Stormfront, how can the allegation that he did the same thing at Freedomsite possibly damage his reputation?

Then there was his defamation suit against Paul Fromm. Here is how the decision in the case summarizes Warman’s complaint:

Mr. Warman pleads that the defendants are responsible for libelling him in nine posting on various Internet websites. These postings characterize him as, among other things, an enemy of free speech, a member of the thought police, a high priest of censorship, and an employee who abused his position at the CHRC in order to limit freedom of expression and pursue his own ideological agenda. (2)

So Warman’s complaint basically was that Mr. Fromm accused him of trying to censor or limit other people’s verbal expressions of their thoughts. His response to this accusation was to ask a court to force Mr. Fromm to retract this accusation and apologize for it (and pay a ridiculously large amount in “damages”)?

Do you see the absurdity in that?

Even if you don’t see the defamation suit as being itself a form of censorship or limitation of freedom of speech, think of the kind of behaviour that Mr. Fromm was commenting on. Warman had filed numerous complaints against people over remarks they made on the internet. How can describing that kind of behaviour as censorship possibly be defamatory?
Warman’s progressive defenders seem to reason that because Warman was acting in accordance with the law at the time, his actions should be above reproach, and criticism, condemnation, or ridicule of those actions should be considered defamation.

So in one defamation suit against multiple defendants, Warman complained that he was falsely accused of making a racist post on Freedomsite when he had acknowledged having posed as a neo-nazi on Vanguard News Network and Stormfront, and in another defamation suit he complained that he was accused of censorship for filing Section 13 complaints against people. These seem to be frivolous grounds for defamation suits. Yet Warman, a public figure who should surely be held to a higher standard of proof than an ordinary person in making defamation complaints, won his case against Mr. Fromm, and the National Post settled out of court. In the latter case, Warman obtained the legal copyright to the article he had complained about, and then filed a copyright infringement suit against the Fourniers! How can anyone in their right mind think that this is being done in good faith?

If the ruling against the Fourniers had been made by a judge it could be blamed on the abysmally low quality of the magistrates currently sitting on Canadian benches. It was a jury that rendered this verdict however. That speaks of an even greater problem.

The problem is that Warman is an anti-racist crusader and for decades now Canadians have been bombarded by left-wing anti-racist propaganda in the schools, from the pulpit, and in the new electronic media, both “news” and “entertainment”. In the classroom, year after year children have video footage of the Nazi concentration camps shoved down their throats. If an equivalent amount of time were spent teaching them about the GULAG and the horrors of officially egalitarian communism, perhaps a valuable lesson could be taught about how when man bows the knee to the idol of technology, he becomes like a machine himself, (3) and treats people accordingly. This is the appropriate lesson to be gleaned from the history of Twentieth Century totalitarianism in all its varieties. Instead the message attached to the Holocaust footage is “this is where racism leads to” – a message that obliterates the difference between the racial views of Sir Winston Churchill and those of Adolf Hitler and which makes the virtue of pietas – at least when practiced by white people – into a cardinal sin.

Mark and Connie Fournier are not racists. In their stand against Section 13, however, they took the position that racists should have freedom of speech like anyone else, and that a law that allows people to be sued and silenced merely because their words were deemed to be racist is a bad law. This conflicts with the antiracist programming, in which racism is the greatest of all evils, and everything done to stop racism is good. When confronted with evidence that injustice was being done in the name of fighting racism, and that those who stood up for the freedom of speech even of racists were being unfairly persecuted, some people appear to be simply unable to cope with this conflict between reality and what they have been programmed to think.

Only thus can the idiotic jury decision in this case be explained.

Mark and Connie, my prayers are with you.

(1) http://news.nationalpost.com/2011/12/12/undercover-work-debated-in-hate-hearing/


(2) http://www.nelligan.ca/e/PDF/Warman_Court_Decision.pdf


(3) Psalm 135:18

Sunday, September 4, 2011

Defamation Law in the Dominion of Canada

James Boswell, in his exquisite biography of Samuel Johnson recounts a conversation with his friend and subject in which he said “Sir, you'll never make out this match, of which we have talked, with a certain political lady, since you are so severe against her principles.”

To this Dr. Johnson replied “Nay, Sir, I have the better chance for that. She is like the Amazons of old; she must be courted by the sword. But I have not been severe upon her.”

Boswell, begging to differ, responded “Yes, Sir, you have made her ridiculous.”

Dr. Johnson then came back with “That was already done, Sir. To endeavour to make HER ridiculous, is like blacking the chimney.”

I often feel that a paraphrase of this particular witticism would be appropriate in the mouths of judges when dismissing frivolous defamation law suits. There are far too many people in this day and age, who the moment somebody has “been severe upon them” vocally or in print, rush to their lawyer and file a defamation suit in the hopes of having their hurt feelings assuaged by being made richer at the expense of their detractors.

Much of the blame for the problem lies in the laws themselves. The British/Canadian parliamentary monarchy system is the best form of government the world has ever known. The Common Law is the fairest, most just, set of laws any human society has ever evolved. The best elements in the American republican system are elements which the United States kept from the British tradition when the Americans seceded from the British Empire to form their Republic.

In the case of laws pertaining to defamation however, whether libel (written defamation) or slander (spoken defamation) our laws have long been in need of a major overhaul. This is one of the few instances – perhaps the only instance - in which I would say that the Americans have actually improved on our system.

I am sometimes inclined to agree with the late Dr. Murray N. Rothbard that libel and slander laws should be abolished altogether. In The Ethics of Liberty, (1) Dr. Rothbard argued that laws against libel and slander are based on the idea that a man has a property right to his reputation. This idea, he further argued, is false because a man’s reputation does not consist of ideas in his own head but rather ideas in the heads of other people. Since a man has no property right to ideas in other people’s heads, Dr. Rothbard reasoned, he has no right to legal protection of his reputation against libel and slander.

That is an intriguing argument but it has a weakness in that it relies upon the classical liberal worldview. Classical liberalism teaches that human beings are sovereign individuals who possess natural rights, that the only valid societies are societies based upon voluntary agreement between individuals, and that the only valid laws are those which protect the rights of individuals. For those who accept this worldview, the starting point for the justification of any particular law must be the right or rights of the individual which it protects.

If it is false to say that a person has a right to his reputation – to be thought well of in the minds of others – it is nevertheless true that damaging a person’s reputation can cause suffering for that person, and not just hurt feelings. Damaging a man’s reputation can hurt his career, his business, and his livelihood. If a person maliciously sets out to cause this kind of harm to another person by telling lies about him then surely the law is justified in providing the person so harmed with a means of legal redress.

Dr. Rothbard’s argument breaks down because his premise is false. Protecting the natural rights of individuals is not the sole or even the primary justification for law. Laws exist, because human beings are both social creatures – it is our nature to live together in families, communities, and societies – and individual persons, with personal interests. There is often tension between one person’s interests and another person’s interests, and between our personal interests and those of the community. We also have a flawed moral nature that disposes us towards hurting others if it is to our advantage. Our human nature therefore requires laws so that disputes can be settled peacefully and grievances redressed without an escalation into violence that threatens all of society, and so that those who in willful disregard to the laws of society harm other people can be held accountable.

There are two main categories of law. Criminal law prohibits and prescribes punishment for acts in which people intentionally and without justification harm other people by killing them, stealing their property, etc. Civil law provides a legal framework in which disputes between people who have been unable to come to a private agreement can be settled.

Where do laws against libel and slander fit in?

Defamation laws fall under civil law, under the category of personal injury. Defamation is considered to be speech which injures another person entitling that person to compensation.

Since defamation law is civil rather than criminal complainants are not held to the strict standards required of the Crown in criminal law. This is where the problem with libel and slander laws lies.

The strict requirements placed upon the Crown in criminal law are there for a reason. They are there to protect people from wrongful prosecution. To even proceed with a case the Crown attorney must demonstrate to the court that a crime has taken place and that the evidence points towards the defendant. At no point does the burden of proof shift from the Crown to the defence and in order to obtain a conviction, the Crown is required to establish guilt beyond reasonable doubt.

The criminal justice system of the English speaking world is weighted in this way, against the prosecution and in favour of the accused, because a key principle of that system as it has evolved is that it is better for a large number of guilty people to go unpunished than for a single innocent person to be punished for a crime he did not commit. This is one of the most admirable aspects of our justice system.

The reason a similar burden is not placed upon the complainant in civil law is that civil law is not supposed to be punitive. It is there to mediate disagreements not to punish people for criminal acts. If your living room window is broken because your neighbor threw a baseball through it that is basically all you have to demonstrate to the court to be entitled to compensation from your neighbor.

An injured reputation, however, is not quite like a broken window. A window cost you a specific amount of money to install in the first place and will cost you so much to repair. That is easily assessed and places a limit on how much compensation you can ask for.

It is much harder, if not impossible, to assess damages on harm to your reputation. Without that limiting factor, laws under which people can claim compensation from others become potential weapons in the hands of those who would abuse the system to harm their opponents.

Which is exactly what libel and slander laws have become.

There is another difference between libel laws and other civil laws. The man who takes his neighbor to court for a broken window has to at least prove that his window was broken. Libel complainants are held to a less strict requirement. They do not have to show that their reputation was actually damaged, only that the words of the defendant have a tendency to cause such damage.

Is this a good or a bad thing? Many people would probably say that if Person A published a statement that Person B is a sexual pervert and a serial killer, without proof and in fact knowing that he is telling a lie that that is sufficient for Person B to press a libel action against Person A regardless of whether anyone believed him or not. Most of us would probably be uncomfortable with the suggestion that people should be allowed to go around telling those kinds of lies about other people without fear of repercussions.

If, however, Person B is entitled to sue Person A over such statements without proving that they have actually damaged his standing in the sight of others, hurting his social position or his business and livelihood, then what exactly is he to be compensated for if he wins his suit? Is he actually seeking compensation for an injury or punishment for a wrong?

If one person can sue another person for libel without demonstrating that he has been denied access to certain social circles, that he has lost customers, been refused a job or promotion, been demoted or fired, or otherwise suffered a tangible, quantifiable, injury as a result of the second person’s statements then surely such laws are more punitive than compensatory and defendants in libel cases should be entitled to protection from the same safeguards against wrongful prosecution which exist in criminal trials.

It is reasonable for the system to be slanted in favour of the defence and the burden placed upon the prosecution in criminal trials. This does not mean that it is reasonable for the system to be slanted against the defence in non-criminal trials. It is never reasonable for the system to be slanted against the defence. When the system is slanted against the defence it becomes an instrument of injustice.

Those who fail to see the problem with our defamation laws frequently make the point that “words can hurt people”. So they can. Words can hurt someone’s feelings. People’s feelings, however, are not protected by the law, nor should they be. More importantly, words can cause a person to lose friends and can destroy his career. For this reason a certain degree of legal protection should exist for a person’s reputation.

It is curious, though, the way some people seem to think that a person’s reputation should have greater legal protection than his person or property. Progressive liberals, for example, whose beliefs are quite different from those of classical liberals, sometimes do not appear to place much value in the law’s protection against criminal violence to one’s person and property. They often, as I see it, allow their tendency to regard the perpetrators of violent crimes as victims of society (because of poverty, discrimination, or some such reason) to overshadow the more substantial victimhood of the people against whom violent crimes are committed. Proposals to make the system tougher on violent crimes against people and their property, are typically met with suspicion from progressive liberals who frequently denounce such ideas as a form of fascism. Yet the same progressive liberals are often the strongest supporters of our current libel and slander laws, slanted towards the complainant though they be. Indeed, they are the primary supporters of “hate speech” laws, which are an extension of the concept of legal defamation into the realm of interaction between social groups, and which are even more slanted towards the complainant than regular personal defamation laws.

Yes, words can hurt people. Laws, however, can hurt people too. Furthermore, people need far more protection from the abuse of laws than they do from people’s words. Laws exist to protect people but they made effective by government power which itself can sometimes be a bigger threat to people than the things laws protect people from. The question Juvenal placed, in his sixth Satire, in the mouth of a husband advised by his friends to keep his wife under lock and key, has become a timeless insight into the threat inherent within protective power: Quis custodiet ipsos custodies? - Who will guard the guards?

Progressive liberals clearly recognize this threat when it comes to criminal law and err on the side of making criminal law ineffective in protecting people against violent crime – which is admittedly better than erring in the other direction. They do not give the impression that they recognize that the same threat exists in civil law.

Civil law can be abused, however, to harass and persecute people. This is particularly true of defamation law.

How then should this tort be tweaked?

For starters it needs to be made clearer that only false statements can be considered defamatory. Laws should never prohibit people from speaking the truth and people should never be punished by law for speaking the truth. Most people assume that “false” is part of the essential definition of defamation, and it is generally accepted that truth or accuracy of statement is a valid defence in defamation cases. The courts, however, have not consistently seen it this way. That needs to change.

One of the most disturbing rulings in the history of Canadian law was the ruling in the CHRT v. Taylor and Western Guard case that truth was not a defence. Now that ruling pertained only to Section 13, the “hate speech” clause of the Canadian Human Rights Act, the constitutionality of which is about to be debated in the courts. The Canadian Human Rights Act is a separate category of civil legislation but the theoretical justification for Section 13 is derived at least in part from the concept of defamation. “Hate speech” is said to injure the reputation of social groups – races, nationalities, religions, sexes, groups with a particular sexual orientation, etc. – the way libel and slander injure the reputation of individual persons.

Section 13 was particularly bad law, being so slanted towards the complainant that until the ruling in Warman v. Lemire in 2009, when the defence persuaded the tribunal adjudicator that the law itself was unconstitutional, the defence never won. This is because Section 13 – like the entire Canadian Human Rights Act – was written to serve a political agenda. Ordinary personal defamation law is not quite that bad. It needs to be made unquestionably clear, however, that in defamation cases truth is not just a defence, but an absolute defence.

Secondly, malice must be defined as an essential component of defamation. In civil law one does not ordinarily have to show malicious intent in order to obtain compensation. The way it currently stands in Canadian defamation laws, no burden of proving malicious intent is placed upon the plaintiff, but if he can prove malicious intent it is allowed to negate the truth defence. This needs to be reversed. The truth defence must be made absolute, so that demonstration of intent can not negate it, and a burden of demonstrating malice placed upon the plaintiff.

Defamation law differs from other civil laws in several ways as we have seen. Since laws against libel and slander have the effect of placing limitations upon our freedom so publicly speak our mind the demonstration of malice must become an absolute requirement on the part of the complainant in order for these laws to brought into harmony with the spirit of British/Canadian law viewed as a whole.

Every society recognizes that there must be limits on personal freedom. Some societies regard freedom as something given to their members by government and which is limited to those liberties clearly defined by law. Societies within the tradition which evolved in Britain do not think this way. We regard freedom as something people possess as a gift from God, not a gift from government, and in our tradition laws define the limits on liberty, not the extent of liberty. Under the Crown, people are free to do whatever is not expressly prohibited by law, and government needs to justify the limitations it places on our liberty.

The justification for the major prohibitions of criminal law is fairly obvious. Acts like murder, robbery, rape and assault are acts which are clearly malum in se – wrong in themselves. Nevertheless, to convict a person of having committed one of these crimes, the Crown needs to demonstrate that the person knew he was committing a crime. The principle behind this is actus non facit reum nisi mens sit rea – the act does not make one guilty unless the mind is guilty. If this burden is placed upon the prosecution in cases of murder, rape and robbery, how much more then does it make sense to require a demonstration of malicious intent before we place limits on a person’s freedom to speak their mind.

What does it mean to demonstrate malice in a defamation case?

To show that the person making the defamatory remark a) knew that what he was saying was false and b) spoke with the intent that his remark would be believed by others so as to damage the complainant’s social status, career, or livelihood.

Finally, if someone files a complaint of libel or slander against someone, over some petty remark, in order to waste that person’s time and money in a lengthy court battle, then he should be held in contempt of court and charged with mischief in a criminal court.

The recent decision of Mr. Justice Peter Annis in John Baglow v. Roger Smith and Connie and Mark Fournier is a refreshing indicator that judges in this country are starting to wake up to how our defamation laws can be misused against opponents in the age of the internet. Lets hope this trend continues and that the changes suggested above are implemented to protect people from the abuse of libel and slander laws and make our defamation laws more compatible with the spirit of the British/Canadian legal tradition, rooted in justice and liberty.

(1) Murray N. Rothbard, The Ethics of Liberty, (Atlantic Highlands: Humanities Press, 1982)

Friday, May 13, 2011

The Long War Against Free Speech in Canada

Five years ago, the Conservative Party of Canada was elected to a minority government and its leader Stephen Harper became the twenty-second Prime Minister of Canada. Many conservative Canadians, including this writer, hoped that a Conservative government might do something to reverse the loss of free speech that has taken place in our country over the last few decades beginning with the Liberal premiership of Pierre Eliot Trudeau. Such hopes were quickly dashed to pieces. In Harper’s years as Prime Minister with a minority government he made no attempt to curb the threat to our freedom of thought and speech posed by the Canadian Human Rights Commission. Instead, as we will see, he made the problem worse.

Some Canadian conservatives, loyal to Harper, believed that this was only because of his minority position. If he ever achieved a majority government, they argued, he would govern according to conservative principles and the threat of the Canadian Human Rights Commission would be ended once and for all. On May 2, 2011, Stephen Harper achieved his majority government. In his campaign, he promised that within 100 days of his election, he would see passed an Omnibus Crime Bill. This Bill contains legislation aimed at eliminating “house arrest” as a soft-option penalty for serious crimes, establishing stricter sentences including mandatory jail time for certain offences, and basically making it easier for the police to do their jobs. Hidden within this Bill, however, are laws which pose a serious threat to whatever remaining freedom of thought and speech, Canadians have left.

One of those laws, for example, if passed will make everybody who posts a link on the internet responsible for the content of the site to which they have linked. If the site contains an article that is deemed to be “hate speech” by the absurd and draconian laws against “hate” that the Liberal Party saddled us with, then you will be guilty of a hate crime for linking to the site, even if you linked to a different article.

We will shortly take a look at how Canada arrived at this place. First, however, we need to be clear on what free speech is and why it is important.

WHAT IS FREE SPEECH?

Some people seem to think that free speech means “the right to say anything you want, anywhere you want, at any time you want, under any possible circumstances”. They then point out that there are laws limiting such a right which nobody ever objects to, such as laws against yelling “Fire” in a crowded theatre. They reason, therefore, that if we do not object to laws of that nature, we should have no objection to laws limiting free speech in another way, by for example outlawing the distribution of “hate speech” on the internet.

Other people seem to think that free speech means “the right to disrupt other people’s lives”. Suppose for example, that a psychologist who has written a controversial paper about how the influence of the hereditary g’ factor on the gap between racial averages on IQ test scores is invited to lecture at a university. A left-wing professor who opposes the lecture talks to the leader of an organization of student radicals and they decide to stage a protest. They protest in such a way that many people, including the speaker himself, are prevented from entering the auditorium. Many progressives would refer to the thuggish actions of the protestors as “an expression of their freedom of speech”, even though they have prevented a speaker from giving a lecture he was invited to give to people who wanted to hear what he had to say.

Both of these concepts of “free speech” are erroneous. Free speech, is a person’s legal right to verbally express his thoughts to those without being penalized by the law for the content of those thoughts. It is a legal protection of an even more basic freedom – the freedom of thought. Freedom of thought is your freedom to think your own thoughts, form your own opinions, and to hear the opinions of others and form your own judgment as to who is right and who is wrong.

Freedom of speech/thought does not mean that one person’s ideas are just as good and just as authoritative as any other person’s. The views of a man who is an expert in physics, for example, are more authoritative when he is speaking in his field of expertise than the views of a man who has never studied physics but is an expert landscape painter. An intelligent audience, seeking to be informed about physics, would consider the lecture of the physics expert as having more weight than the lecture of the landscape painter, even prior to hearing both lectures.

It does mean that if the landscape painter has formulated a theory about physics he should be allowed to present it to anyone willing to listen – and they are also free to laugh him to scorn and listen to the physicist instead.

Laws against yelling “fire” in a crowded theatre are not limitations on freedom of speech as I have defined it. Such laws do not penalize anyone for holding or expressing a particular point of view. Instead they penalize an act of mischief. The act of yelling “fire” in a crowded theatre is likely to start a panic, in which a mob in a hurry to leave the room through its tiny exists, may hurt or even kill somebody.

At this point, the supporter of laws against “hate speech” might jump in and say “That is what hate speech laws do. They penalize people for spreading propaganda which can result in members of vulnerable groups in our society being harmed or killed”.

This, however, is a load of codswallop.

Laws against “hate speech” are never limited to threats of violence, calls to violence, or other such incendiary talk. Section 13.1 of the Canadian Human Rights Act reads:

It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination.

Note especially the highlighted portion of the text. The “matter” communicated does not have to include the advocacy of criminal violence. Nor does it have to actually expose a single person to criminal violence in order to be proscribed by this law. It does not even have to actually expose a single person to the stated “hatred or contempt”. It only has to be “like to” to do so. The question of what constitutes being “likely to” is left up to the adjudicating body.

The matter in question does not even have to be demonstrably false to qualify as “hate speech” under Section 13.1. This is what the Supreme Court of Canada ruled in Canadian Human Rights Commission v. John Ross Taylor in 1990. The law only addressed adversity, therefore truth is no defence.

Laws of this nature are not used to prevent criminal violence to “vulnerable” minorities. They are used to establish a secular orthodoxy of official egalitarianism about race, sex, religion, language, ethnicity, and sexual orientation and to suppress viewpoints which conflict with that orthodoxy.

“Hate Speech” and Free Speech in post 9/11 Canada

Section 13.1 is currently in a state of legal limbo, although other “hate speech” laws across the country, including the provisions added by the Trudeau government to the Criminal Code remain in effect. To understand how this came about we need to look back over the developments of the last ten years.

The September 11, 2001 attack by Al Qaeda upon the United States of America affected the countries of North America and the world in general in many ways. As the American and Canadian governments passed new anti-terrorism legislation the tension between the need for effective national security against terrorist attacks and the rights, liberties, and privacy of law-abiding citizens came into focus and became a matter of debate. Back in 1992 the late Harvard political scientist Samuel P. Huntington had identified the “clash of the civilizations” as the source of regional and global conflict following the collapse of the Soviet Union and the end of the arms race and the Cold War. 9/11 and the military response on the part of the United States and its coalition of allies made this “clash of the civilizations” real to people in way it had not previously been.

In this context, it was inevitable that discussion would arise about Islam, how it differs from Christianity and Judaism, and how Islamic culture differs from Western culture, and what the historic relationship has been between the Islamic world and the Western world. (1) The wisdom of the reigning liberal orthodoxy on immigration and multiculturalism was seriously called into question and the fundamental contradiction inherent in the progressive view of multicultural tolerance became apparent to many.

In a controversy that began in September of 2005 this contradiction was made manifest when the Danish newspaper Jyllands-Posten published a number of editorial cartoons which featured the founder of Islam, Mohammed in a less-than-positive light. Needless to say the joke was not appreciated by Muslims and many protests and riots broke out as a result. All of a sudden the contradiction within progressivism was laid bare. Progressives had been actively encouraging large-scale immigration to Western countries in the hopes of creating secular, pluralistic, multicultural societies in the naïve dream that such societies would be harmonious and peaceful. Then they discovered that their secular, pluralistic, tolerant values were not shared by many of the immigrants whose importation they had been cheerleading.

The Jyllands-Posten cartoons were republished in several newspapers and magazines throughout the Western world as a statement of commitment to freedom of speech in defiance of Islamic attempts at intimidation. One such publisher was Canada’s Ezra Levant (2).

Ezra Levant, a lawyer from Alberta, had founded a magazine called the Western Standard in 2004, to fill the gap that had been created by the folding of the conservative Report Newsmagazine (the last incarnation of the publication better known as the Alberta Report or Western Report). In his February 27, 2006 issue Levant reprinted the Jyllands-Posten cartoons on pages 15-16 along with an article by Kevin Steel that criticized the North American media for having capitulated on freedom of the press with regards to these cartoons in marked contrast to their defense of the freedom of expression of everyone who mocks Western beliefs and culture.

A complaint was launched against Levant and the Western Standard before the Alberta Human Rights Commission, the Alberta provincial equivalent of the CHRC, by a number of Muslim organizations. Levant vigorously fought back, even going so far as to record his interview with the Human Rights investigator and post it to YouTube.

Meanwhile, the same year that Ezra Levant republished those cartoons the book America Alone: The End of the World As We Know It was published by Regnery Publishing in the United States. The author of this book was Mark Steyn, a well-known Canadian-born conservative writer who has been widely published in periodicals in Canada, the UK, and the United States. The book quickly became a best-seller.

In October of 2006, Maclean’s magazine ran an article entitled “The future belongs to Islam” which was an excerpt from Steyn’s book. The article was about the implications of the demographics of the Muslim world for the West. The Canadian Islamic Congress filed a complaint against Maclean’s with the Ontario Human Rights Commission the following year, as well as with the federal and the BC Human Rights Commissions. Several other pieces by Steyn were also brought up in the complaint.

These cases generated a lot of bad publicity for the Human Rights Commissions because they brought to public attention the state to which free speech had fallen in Canada. The problem, as we will see, goes back to the 70’s but the Canadian media had largely refused to discuss it following the 80’s (the various versions of the Alberta Report being virtually the only exception). In this case, because the victims of the Human Rights Commissions were major publishers and writers, the media woke up and took notice. Eventually these complaints were withdrawn, dropped, or dismissed.

In the process of the reporting on these cases attention was brought to another case, that of Marc Lemire. Lemire was, among other things, the webmaster of the Freedom Site, a website he had started back in the 90’s. Lemire’s site was highly critical of multiculturalism and liberal immigration from what could be described as a “white nationalist” (3) perspective. His site was bulletin board style website to which people could post messages. Richard Warman filed a complaint against him with the Canadian Human Rights Commission under section 13 of the Canadian Human Rights Act. The Canadian Human Rights Tribunal began to hear the case roughly around the same time that the Levant and Maclean’s cases were making news. Lemire, who like Levant and Maclean’s was not the kind of person to take this sort of thing quietly, had filed a challenge to the very constitutionality of Section 13 of the Canadian Human Rights Act, long before his own case was finally heard.

In the course of the Lemire hearings, all sorts of scandalous things about the way in which the Canadian Human Rights Commission operated were brought to light, which Levant, Steyn and a number of courageous conservative bloggers did their best to make known to the Canadian public.

Ultimately, the case against Lemire was dismissed. The decision was made on September 2, 2009 by Athanasios Hadjis, chairman of the Canadian Human Rights Tribunal, who dismissed all of the charges against Lemire but one, and on that one ruled that a violation of Section 13 had taken place, but that in his opinion Section 13 was unconstitutional. Hadjis does not have the judicial standing to actually strike something out of law, and the CHRC filed an appeal against this decision. This has left Section 13 in limbo.

Libel Law and Freedom of Speech

Section 13 was not, unfortunately, the only tool available for those who wish to punish other people for the words that they say. Our libel laws have also been available for that purpose.

The term libel refers to defamation that is written (as opposed to slander which is defamation that is communicated orally). Defamation is when you communicate something about someone else with the intent of harming their reputation so as to lower their social status and/or destroy their business or career. Canada’s defamation laws are sorely in need of revision.

First, the definition of defamation needs to be revised so that it only applies to demonstrably false statements where it can also be shown that the person making the statement knew the statement to be false at the time. As our defamation laws currently stand a person can be punished for telling the truth if the truth happens to reflect negatively on someone else. That is a situation that should be unacceptable in a country that values personal liberty. In criminal law, the English-speaking world has long had a concept of justice in it is considered to be far worse to use the law to do a positive injustice to a defendant than to fail to give justice to a complainant by freeing a guilty defendant. There is absolutely no reason why this should not hold true for defamation as well.

As mentioned above, when the Human Rights complaints against Levant and Steyn were in the news, these writers and many conservative bloggers reported on proceedings of the Warman v. Lemire case. Much of this cast the CHRC, and the complainant, a lawyer and political activist who was at one time an employee of the CHRC and had subsequently become the principal section 13 complainant, in a particularly bad light.

In addition to filing section 13 complaints, Warman has over the years filed a number of libel suits against his critics. The defendants of these suits have included David Icke, the British author and New Age conspiracy theorist and Paul Fromm the director of the Canadian Association for Free Expression. He launched a libel suit against Jonathan Kay and the National Post over one allegation that the newspaper reported out of the Warman V. Lemire case and against several bloggers who also reported on the story, including Ezra Levant. Mark and Connie Fournier, the founders of Free Dominion, a small-c conservative message board are also among the defendants in that case. They are also being sued by Warman in a libel case that features eight “John Does”, i.e., people who post under a pseudonym at FreeDominion. Warman has demanded that the Fourniers turn over the identities of the “John Does” to him. These cases are still in the courts and the Fourniers are bravely standing their ground.

One hopes that Levant, the Fourniers, and the other bloggers who are being sued will win their cases. The process of defending themselves against, however, is incredibly expensive. It is itself, as others have pointed out, a punishment.

What is desperately needed is an overhaul of Canadian libel law that prevents abuses such as this from taking place.

Instead, Stephen Harper is smuggling in a piece of legislation that will make them easier.

How Did We Get Here?

The Right Honorable John G. Diefenbaker, the last Canadian Prime Minister who was a decent human being and not either a crook or a traitor to the traditions upon which Canada was built, in a lecture delivered to the Empire Club of Toronto, on March 9, 1972 said:

Thirty-two years ago I came into the House of Commons, and even though we were in the darkest days of war Members by their speeches brought about change. No one was then a “bigot” because he disagreed with the Government. (4)

That changed considerably in the premiership of the two Prime Ministers that followed Diefenbaker. The Prime Minister in power at the time he gave that speech, Pierre Trudeau, would become famous for accusing his critics, especially in Western Canada, of being bigots. The establishment media would quickly come to follow his example.

When Diefenbaker spoke those words, the first steps in the erosion of freedom of speech in Canada had already been taken. The Liberal Party’s new media-backed strategy of accusing their opponents of racism was only a miniscule part of it. The first legislation, making it illegal to communicate “hate propaganda” had already been passed.

The legislation in question was not Section 13, the problems with the wording of which we have already looked at. Section 13 was only a few short years away, but the first “hate speech” provisions were what are now Sections 318-320 of the Criminal Code of Canada. The first of these makes it a criminal offense to advocate genocide. The second of these prohibits the public communication of statements that incite hatred in a place where it is likely to result in a breach of the peace and the communication of statements other than in private conversation which “wilfully promotes hatred against any identifiable group”. Section 320 prohibits the written equivalent of what is verbally prohibited in the previous two sections and allows for such material to be seized.

Although these sections are more responsibly worded than Section 13 of the Canadian Human Rights Act - truth is clearly stated as a defense in Section 319, for example – there was no compelling need for these provisions to be added to the law. Laws against inciting violence and other criminal behavior were already in place and anything that is covered in Sections 318-320 that should be illegal was already covered under such provisions. “Hate speech” laws are seldom passed in order to address a real problem. They are passed in order to limit public discussion of certain topics and to thereby enforce a civil orthodoxy with regards to those topics.

Auberon Waugh, writing with regards to the British equivalent of such laws, explained their stupidity many years ago:

Long before the passing of the Race Relations Act there were perfectly adequate laws against public conduct or language likely to cause a breach of the peace. They [The National Front] may well be a nasty, boring and humourless collection of fanatics, but I have never seen that there was anything more wicked about race hatred than there is about class hatred or religious hatred or the peculiarly intense and inexplicable hatred which my dear wife feels for Jimmy Connors, the tennis player. They are all part of the rich panorama of life. If I forbade my wife to express her true feelings for Jimmy Connors, I have no doubt they would fester inside her, creating little black eddies of resentment and paranoia which would eventually burst out in some hideous drama on the Centre Court at Wimbledon when Connors would expire, coughing blood, in front of the television cameras, with a lady’s parasol sticking between his ribs; public subscriptions would create a Jimmy Connors Memorial Trust and we would be stuck with a hideous modern stature of the young man somewhere on those green and pleasant lawns. So, wisely, I let her have her say. (5)

The government had been under pressure from various organizations to pass hate speech laws for quite some time. In the 1960’s, Lester Pearson had instructed Justice Minister Guy Favreau to appoint a Special Committee on Hate Propaganda. Maxwell Cohen, the Dean of the Faculty of Law in McGill University, was appointed to chair the committee and Pierre Trudeau, the future Prime Minister sat on the committee which gave its report in 1966. It was on the basis of the recommendations of that report that these provisions against the advocacy of genocide and the communication of hatred were added to the Criminal Code in 1970.

The relatively responsible way in which these laws were written made it less easy to abuse them. They therefore failed to satisfy the sort of people who wanted such laws passed in the first place. This is what created the pressure for what would become Section 13.

In 1977, the Trudeau government passed the Canadian Human Rights Act. The Canadian Human Rights Act is considered to be part of civil law rather than criminal law in Canada. Therefore, a complainant need only meet the standard of proof in civil court which is considerably less than the “beyond reasonable doubt” standard of criminal law. A defendant is not guaranteed counsel and there is no process for recovering expenses even if he wins. The system is stacked against him and the government has added unreasonably high penalties for CHRA offenses.

Section 13 was brought in to the CHRA, largely through the efforts of one man, F.W. Callaghan, who had been the deputy attorney general in Ontario, and would later become Chief Justice of the Ontario Court. F. W. Callaghan wished to prosecute John Ross Taylor, an old man who had supported the fascists and Nazis in the 20’s and 30’s and had not seen fit to change his views when those parties were defeated and discredited in World War II. At the time he was using a telephone answering machine to communicate his ideas on various topics to the public. Callaghan found it unacceptable that he should be allowed to leave messages on his answering machine for the 5 or 6 people in Canada who actually bothered to call his number (most, if not all, of whom would have been government agents) and found the limitations of the existing laws so frustrating that he wrote to the federal government and asked them to bring in a civil law statute against “hate speech” that would be easier to use to shut Taylor up with than the existing criminal code provisions.

Taylor was charged under Section 13 and it was in the Supreme Court’s final decision of his case in 1990 that truth was ruled not to be a defence. Subsequently, additions would be added to Section 13 that allowed it to be applied to the internet.

Before the Supreme Court passed its decision in the Taylor case, however, two other free speech cases made nation-wide headlines. These were the cases of James Keegstra and Ernst Zündel. The former was a high school teacher and the mayor of Eckville, Alberta. He was charged under the Criminal Code provisions against hate propaganda. Zündel had been born in Germany around the start of WWII and moved to Canada in the late 50’s where he became a graphic artist and printer by profession. He was charged under an old law against “spreading false news”.

What brought upon these charges? Both men promoted, Keegstra in his classroom, and Zündel in pamphlets produced by his Samisdat Publishers, the holocaust revisionist theory of WWII.

What is that?

Called “holocaust denial” by its opponents, it is the view that contrary to standard history texts, Nazi Germany had no systematic plans to exterminate the Jewish people, that the Jews who died in the Nazi camps in WWII numbered in the hundreds of thousands rather than millions, that they died primarily from typhus and other diseases brought about by concentration camp victims, and that the gas chambers found in Auschwitz and the other camps were used to delouse clothing rather than to kill people. (6)

While we can perhaps see why someone might be offended by these views it is not at all clear why they should be criminalized. They are a take, albeit perhaps a crazy one, on what happened in the past. There is nothing within those views that demands violence against any person or group.

Someone at this point might interject and say “If these laws are only being used against unrepentant Nazis like Taylor and guys who promote crazy theories like Keegstra and Zündel, who cares?”

The answer is: we all should.

Pastor Martin Niemöller, imprisoned by the Nazis in 1937, in a famous poem said:

First they came for the communists,
and I didn't speak out because I wasn't a communist.

Then they came for the trade unionists,
and I didn't speak out because I wasn't a trade unionist.

Then they came for the Jews,
and I didn't speak out because I wasn't a Jew.

Then they came for me
and there was no one left to speak out for me.


A similar poem could be written about Canada, but it would have to begin

First they came for the nazis,
And I didn’t speak out because I wasn’t a nazi.


This sort of thing began with John Ross Taylor. It did not end with him. By the end of first decade of the 21st century, even Maclean’s, a long-standing Canadian institution, a mainstream weekly publication, was regarded as a fair target for these insane laws. There is a direct line of precedent leading from the Taylor case to the Maclean’s case.

Why should we punish and seek to destroy personally men who hold strange beliefs about history? We don’t do this with people who question the official version of the JFK assassination. We don’t do this with people who question the official version of 9/11. We don’t do this with people who attribute every war of the last century to causes other than the officially stated ones. We don’t do this with people who think the moon landing was faked. Perhaps there are some people think we should, but we should not be listening to those people.

Neither should we be punishing people for calling the standard history of the holocaust into question.

James Keesgtra was found guilty and fined $5000. Upon appeal, his conviction was upheld, but the sentence was reduced.

Ernst Zündel was also convicted in 1985, had his conviction overturned, and was then charged and convicted again. The Supreme Court upon appeal, struck down the law under which he had been convicted. In the late 90’s he was charged again, over the content of his website. He ended up leaving Canada for the United States where his wife was a citizen. American immigration officials arrested him in 2003 and sent him back here where he was held in custody and absurdly charged with being a threat to the state. We deported him to Germany in 2005, at which point he was arrested by the Germans, charged with a hate crime there (for his words over here) and given a five year prison sentence.

We ought to be thoroughly ashamed of ourselves for all of this. Whatever his views are Zündel committed no violent acts against other people while he was in our country and was subjected a number of times to violence from progressive, anti-racist, terrorists who even went so far as to bomb his house.

After the 1980’s, the Canadian media stopped doing serious reporting on cases like this. The men who had fought against the oppression of “hate speech” laws from the very beginning, men like Doug Collins who was a columnist for the North Shore News in BC (7), Doug Christie who was the lawyer for Keegstra and Zündel and a number of other people who fell victim to these kind of laws (8), and Paul Fromm the founder and director of the Canadian Association for Free Expression (9), were villainized by the mainstream press and would have to pay a tremendous cost for standing up for those whom nobody else would stand up for.

Why is Harper Adding to the Problem?

The reason why the Pearson/Trudeau Liberals brought in these laws is fairly simple. Apart from demands from certain organizations that wanted hate propaganda laws for their own interests, and demands from prosecutors like Callaghan, Lester Pearson and Pierre Trudeau had a vision for Canada. They wanted to get rid of traditional English Canada, with its British loyalties, symbols, and royalism. They also didn’t think much of traditional French Canada with its ultra-conservative Roman Catholicism. They wished to replace both with a new Canada that would exist in a new, closer relationship with the United States of America. They wanted to create a new Canadian identity that would be able to survive in this new alignment. They believed that identity would have to transcend traditional English and French Canada. They wanted a unified Canada, that was not divided into English and French, but was both English and French at the same time.

They had a unique opportunity in that WWII had brought about the collapse of British power and the rise of American power, which weakened traditional English Canada considerably. Quebec was entering the “Quiet Revolution” that would weaken the hold of Catholicism on the province. Hence they stripped Canada of as many of its traditional symbols as possible replacing them with new ones, falsifying the history of the country in the process, and brought in new official doctrines of “bilingualism” and “multiculturalism”. They also started bringing in immigrants from non-traditional source countries by the thousands in order to break up the established communities and cultures of English and French Canada.

Now, most people in English and French Canada did not want this. They opposed the mass immigration. They did not want to give up their traditional identities. By accusing their critics of racism, and then passing laws which made racism potentially subject to severe punishment, the Liberals were able to intimidate many of their critics.

So why is Stephen Harper going along with it? Why is he seeking to pass legislation which will punish you, not just for what you say, but for what other people say as well?

I don’t have an answer to that question although I certainly wish I did. I do know that Harper and his Immigration Minister Jason Kenney have shown little interest in free speech over the years.

A couple of years ago they banned UK Labour Minister George Galloway from entering the country. The reason they gave was that he was supposedly connected to terrorists. That reason was absurd however. They based it upon a humanitarian trip he had made to deliver aid to the Gaza Strip. It is an insult to Canadians intelligence to try and tell us that a man is a threat to national security because he delivered medical supplies to suffering people in a region governed by Hamas.

Then earlier this year Kenney’s ministry barred Dr. Srdja Trifkovic from Canada when he had been invited to speak in BC. A Bosnian Muslim organization had complained, and again Kenney came up with an absurd-on-the-face trumped up excuse for banning him from the country.

Neither speaker posed a threat to the security of Canada. Both had people here who wanted to hear them speak. They were controversial speakers, however, albeit from opposite sides of the political spectrum. Both had groups that wished to prevent them from speaking and Harper and Kenney have shown themselves to be all too willing to accommodate such groups.

Now that Harper has a majority government will any of his MPs finally stand up and confront him on this, and demand that the government restore freedom of speech in Canada, rather than doing more to take it away?

Let us hope and pray that they will.

(1) It would sidetrack this essay too much to fully discuss these subjects here. I refer you to Dr. Srdja Trifkovic’s The Sword of the Prophet: Islam - History, Theology, Impact on the World (Regina Orthodox Press: Boston, MA, 2002) for an excellent discussion of these matters.

(2) Much important information about the behavior of the human rights tribunals in Canada is to be found in Ezra Levant’s Shakedown: How Our Government Is Undermining Democracy in the Name of Human Rights (McClelland & Stewart: Toronto, 2009). I don’t care much for the subtitle – it is “liberty” not “democracy” we should be worried about – but the book itself is vitally important.

(3) This expression means different things to different people. Some people use it to describe themselves. Others use it as a derogatory term for people they don’t like. Those who use it in the latter sense generally use it as a synonym for “neo-nazi”. Those who describe themselves by the label would probably be comfortable with a definition that goes something like this: “someone who takes a stand for the identity and interests of white people”. Within the category of self-described “white nationalists” there are those whose views could be crudely be summarized as “Hitler was right”. Such people see racial conflict and violence as a basic reality of life that should be embraced, with the intention of seeing one’s own race win, and would regard Jews the way Hitler regarded them, as a racial enemy within the ranks of one’s own race. Other self-described “white nationalists” do not hold to such views.

(4) The speech quoted is entitled “Towards a False Republic” and is chapter 4 of John G. Diefenbaker, Those Things We Treasure, (MacMillan of Canada; Toronto, 1972). The quotation can be found on page 55.

(5) Auberon Waugh, “Che Guevara in the West Midlands”, originally published in July 7, 1976 issue of The Spectator, reprinted in Brideshead Benighted (Little, Brown and Company: Boston and Toronto, 1986) pp. 153-156. The quote can be found on page 154.

(6) These are the main claims made by the holocaust revisionists. It would take up too much space to give the reasons they present for believing these things or the reasons why most historians reject their claims. A person should not have to agree with these people in order to defend their right to hold and express their views without harassment from others. Nor should a person be required to denounce and demonize these people before he can speak out against their persecution. There is sometimes a big difference, however, between what “should be” and what “is”. People who support the persecution of holocaust revisionists maintain that revisionist views can only ever arise out of anti-Semitism and sympathy for the Third Reich. This is demonstrably not the case. The first known holocaust revisionist was Paul Rassinier. He was a French Communist who was part of the anti-Nazi resistance, who was captured by the Nazis and sent to Buchenwald himself. It hardly makes sense to attribute his post-war writings to sympathy with the regime he resisted and which persecuted him. The man who translated his writings into English and arranged for their publication in North America was Harry Elmer Barnes, a historian who taught at Columbia University. Dr. Barnes was a Germanophile but he was hardly sympathetic to the views of Hitler and his party. One journalist, the late John Sack, himself a Jewish liberal, who attended a holocaust revisionist convention eleven years ago and wrote an essay about it for the February 2001 issue of Esquire, said that among the people he met there, including Zündel, he could not detect any anti-Semitism. The common factor that appears to draw people to holocaust revisionist views is not anti-Semitism but German ethnicity and/or Germanophilia. Common sense alone should tell people that attempts to minimize the crimes Hitler committed in the name of Germany in WWII are far more likely to arise out of love for and sympathy with the German people than out of hatred for the Jews. Persecuting the holocaust revisionists, however, is the way to go about it if for some perverse reason you want to generate anti-Semitism.

(7) Collins was born in England. He fought for the British in WWII, and was captured by the Nazis a number of times. He moved to Canada after the war and became a journalist. He held conservative political views and took much delight in poking fun at the left-wing secular orthodoxy often called “political correctness” that politicians, teachers, media commentators and many clergy sought, far too often with success, to impose upon Canadians after WWII. His favorite targets included liberal immigration (about which he wrote a book), official bilingualism and multiculturalism, the self-righteous international crusade against South Africa and Rhodesia, and hate speech laws. He himself fell victim to the latter when a complaint was filed against him and his employer the North Shore News with the BC Human Rights Commission.

(8) Doug Christie, who lives in British Columbia, is noted for two things. His leadership in the Western separatist movement and his championing, as a lawyer, freedom of thought and freedom of speech against “hate speech” laws. Nobody would ever accuse a defence attorney specializing in murder cases of harboring a sympathy for homicide. Christie, however, has been routinely abused by the Canadian media for his defence of Keegstra, Zündel, etc.

(9) Paul Fromm, who lives in Ontario, was a school teacher by profession. He has also been a conservative political activist for decades, beginning in his student days in the University of Toronto. He is the founder and director of a number of small-c conservative, single issue organizations, including C-FAR (Citizens for Foreign Aid Reform), the Canada First Immigration Reform Committee, and CAFÉ (Canadian Association for Free Expression). He is an outspoken advocate for the interests of white people as well as an outspoken believer in personal liberty and freedom of thought. He was fired from his job as an English teacher because of his political associations and political views expressed on his own time, off of campus. Eventually, he was stripped of his teacher’s certificate as well.