Canada: Free Speech on Trial

By Jacob Laksin
FrontPageMagazine.com
Monday, June 16, 2008

Earlier this month, the columnist Mark Steyn went on trial for being mean. Steyn’s offense was to have published, in the fall of 2006, an excerpt from his book, America Alone, in the Canadian newsweekly Maclean’s. In it, Steyn advanced the provocative but by no means untenable argument that plunging birthrates in Europe would precipitate a demographic decline, forcing Continental countries to reach an “accommodation with their radicalized Islamic compatriots.” Europe’s future, Steyn suggested, “belongs to Islam.”

Islamic radicals, one might think, would be heartened by the backhanded vote of confidence. Instead, led by a group called the Canadian Islamic Congress, they elected to take offense. Had they limited their remonstration to an angrily worded letter to the editor or a rebuttal in another magazine, they would have been unobjectionably within their rights. But several of the group’s more aggrieved members decided to press things further. First, they demanded that Maclean’s publish an equal-length rejoinder to Steyn’s article – a crude attempt to dictate content no independent publication would accept. Failing to hijack the magazine’s pages, Steyn’s disgruntled detractors did the next best thing: they took the author and the publication to court.

The resulting case brings into bold relief the outsize power that political correctness and its more ardent executors wield in Canada. In the United States, a suit purporting to seek justice for a perceived slight involving nothing more than a difference of opinion would be laughed out the docket. But tolerance for legal frivolity seems to increase above the 49th parallel. A subsection of Canada's Human Rights Act defines hate speech as speech “likely to expose a person or persons to hatred or contempt.” By that impossibly opaque standard, Steyn’s article – or, indeed, any article – could theoretically be considered hate speech. In practice, as well, that has been the case. The Canadian Human Rights Commission, which enforces the act, has a record of conviction that recalls the awful efficiency of Soviet courts: In over three decades of existence, the commission has yet to find someone innocent. the rest