EclectEcon

The human-rights tribunals are a censor’s dream. Under Canada’s human-rights act, commissioners can convict if they believe any published material is “likely to expose a person or persons to hatred or contempt.” Since they are “remedial” institutions and not real courts, they need not follow strict legal procedures or grant traditional rights of the accused. No one goes to prison, but the panels can fine and silence people at will — and run up the lawyer bills for years. Truth is no defense, and commissioners are authorized to confiscate a computer without a warrant. Evidence can be woefully flimsy. ...

The kangaroo courts — a national one, plus one in each province — have been under fire for months, mostly because of the Mark Steyn case. In 2006, Maclean’s magazine ran an excerpt from Steyn’s book, America Alone, warning of Islam’s threat to the West. Steyn predicted that Muslims would become a “successor population” in Europe because of their high birth rate. Three of the human-rights commissions pounced. The British Columbia panel completed a five-day hearing but has not yet released a ruling. The Ontario panel dropped the case, saying it lacked jurisdiction over printed material. The federal human-rights commission is still investigating.

Steyn and Maclean’s have churned up a good deal of controversy. Canada’s largest newspaper, the Toronto Star, ran a June 16 editorial under the headline, “Curb Bigoted Acts Not Free Speech.” It said that calls for reform, including a few in parliament, “reflect growing unease that an unwarranted chill is being cast on free speech.” ...

Having shown little concern about the national anti-free-speech apparatus for years, the Canadian public is beginning to notice.