Andrew Coyne is live-blogging the proceedings of the British Columbia Human Rights Tribunal in Vancouver, British Columbia. I read Andrew's
two posts, and did
a good bit of rapid-
fire Tweeting yesterday.
Here are some of the more pertinant entries from Andrew's Blackberry-tortured thumbs...
10:16 AM
They’re [the complainants] going to call, among others,
Dr. Andrew Rippin [my link], professor of Islamic Studies at the University of Victoria, to show that Steyn has misunderstood the relationship between the Koran and Islamic society. Well, that’s as may be. Would be a good subject for debate. But why exactly does that require the state to adjudicate it?
Okay, I could probably make that point after every line. Not saying I won’t…
He made that point after some other lines as well...
10:57 AM
Just coming back from a break. Lots of media interest, it seems: CBC, CTV (I’m told), the National Post, local media, and a guy from the New York Times, who’s doing a piece comparing how the two countries’ legal systems deal with speech cases. Needless to say, he can’t believe what he’s witnessing…
I'm not exactly sure how I should feel about that. Should I be mad at the NYT reporter for being unaware of Canada's Human Rights apparatus, or should I be pleased that the NYT reporter has realized that a Canadian journalist is on trial for something that the NYT reporter does on a regular basis, that is, write articles? Should I be pleased that the NYT reporter has realized that a Canadian news publication is on trial for doing something the New York Times does every day, that is, publish articles?
11:04 AM
Under Section 7.1, he [Roger McConchie, lawyer for Maclean's] continues, innocent intent is not a defence, nor is truth, nor is fair comment or the public interest, nor is good faith or responsible journalism.
Or in other words, there is no defence.
So Section 7.1 of the British Columbia Human Rights Code is like unto Section 13(1) of the Canadian Human Rights Code - a Catch-22, a law where being accused of violating it is proof positive of the violation.
1:36 PM
The chair is reading their “ruling” on the admissibility of Prof. John Miller’s testimony—though on what basis they propose to decide is a mystery, since THERE ARE NO RULES OF EVIDENCE. They more or less have to make it up as they go along.
Anyway, they are ruling it inadmissible, because it’s irrelevant. Or is it irrelevant because it’s inadmissible?
That's another reason why the entire human rights apparatus needs to be dismantled. Judges don't get to make up rules of evidence as they go along, but human rights tribunal members do. Nice work if you can get it.
2:23 PM
Awan [one of the three sock puppets] debated going to press councils, or pressing charges under the criminal code, but decided against. He looked at human rights legislation across the country. Differences: Ontario says you can’t post a “notice, sign or symbol” that would be discriminatory—newspapers and magazines, it would seem, are not covered (as indeed the Ontario Human Rights Commission recently ruled). But hey, worth a shot. Plus BC had more open-ended legislation. So throw it in the mix as well. So: They weren’t trying to “damage” Maclean’s by filing in multiple jurisdictions. No no no. They were just jurisdiction-shopping.
So they admitted they went venue-shopping. This is part of a larger issue of
libel tourism.
3:50 PM
Back from a break, as the tribunal members wrestle with yet another ruling on admissibility in the absence of rules of evidence. They’ve decided again to sort-of admit questioning about the “impact,” not of Steyn’s article, but of various, mostly obscure blogs who were allegedly “inspired” by Steyn’s piece. Understand: we’re now to be subjected to the state’s inquisition, not for anything that appeared in the magazine, but for whatever lunatic ramblings might appear anywhere in the blogosphere!
The fix is in. This part of the game is over. If someone else's comment on a blog post, let alone someone else's blog post, can be admitted as evidence that Steyn and Maclean's exposed Muslims to hatred, then they might as well save a bunch of time and energy and declare Steyn and Maclean's guilty now. Which actually might not be such a bad thing, as Coyne points out at the beginning of the proceedings...
Maclean’s legal team is out in force, a phalanx of half a dozen suits. The opposing counsel, by contrast, is one suit and two or three badly-dressed juniors. If I didn’t know the stakes, I’d be rooting for them. Actually I am rooting for them, in a strange sort of way. Don’t tell my employers, but I’m sort of hoping we lose this case. If we win—that is, if the tribunal finds we did not, by publishing an excerpt from Mark Steyn’s book, expose Muslims to hatred and contempt, or whatever the legalese is—then the whole clanking business rolls on, the stronger for having shown how “reasonable” it can be. Whereas if we lose, and fight on appeal, and challenge the whole legal basis for these inquisitions, then something important will be achieved.
Labels: Maclean's, Mark Steyn