What can Ezra Levant teach us about free speech?
BOOK REVIEW / 'Censorship can bury social progressives'
Marcus McCann / Ottawa / Wednesday, May 06, 2009
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BLACK & WHITE. What Levant lacks in nuance, he makes up for in passion.
(Gary Campbell/McLelland & Stewart)
Gays have spent nearly a half-century fighting censorship in Canada. We fought for the freedom to read novels, watch films and subscribe to the newspapers that reflect us, no matter who said they were objectionable.

The owners of Little Sister's bookstore took border guards to court for detaining and shredding material they imported from the US. They won only a partial victory in 2000, but the staff remain feisty to this day.

In 1992, Glad Day bookstore went toe to toe the criminal justice system over lesbian porn mag Bad Attitude. Later, they fought the Ontario Film Board's censors.

In the '80s, The Body Politic (predecessor to the Xtra chain of newspapers) fought three separate obscenity battles over the freedom to publish articles that upset and offended some.

In other words, we know what a government muzzle feels like. It chafes.

Ezra Levant is well aware of the feeling. In his new book, Shakedown (McClelland & Stewart), Levant makes the case for taking the hate speech clause, section 13, out of Canada's Human Rights Act and the equivalent provincial legislation.

Levant is best known as the publisher of the now-defunct Western Standard, the Alberta-based Conservative magazine that reprinted the infamous Danish Mohammad cartoons in 2006.

His decision to publish the cartoons led to human rights complaints, most notably at the Alberta Human Rights and Citizenship Commission (AHRCC). Shakedown was inspired by that battle, although its narration occupies less than a third of the book.

The rest of the book is his argument for the reform or abolition of Canada's human rights regime. Along the way, he shows that gays have been excellent defenders of free speech.

Case in point. Preacher Stephen Boissoin was dragged in front of the AHRCC in a case that lasted from 2003 to 2008. The right Reverend was prosecuted for publishing anti-gay material in a Red Deer newspaper.

Levant gives Egale Canada a pat on the back for director Gilles Marchildon's denunciation of the AHRCC complaint. Here's Levant:

"Marchildon knows what any liberal activist who has studied history knows: that all progress comes from offending the status quo. From the fight to give women the right to vote, to the black civil rights movement of the 1960s, to the gay movement itself, free speech was the main tool for social change. It had to be: by definition, underdogs don't have money or political power, only the power of their ideas."

Meanwhile, he adds that, "once unleashed, censorship can bury social progressives as easily as it can bury Prairie pastors. And Marchildon was farsighted enough to recognize that."

It's true. Members of the queer community have taken controversial, progressive and sometimes unpopular positions on pornography, youth sexuality, S/M and public sex, prostitution, bathhouses — and always insisted that their right to express themselves is inalienable.

We took on the haters in the court of public opinion, and for the most part, we won. Our superior arguments (sometimes coming down to "it's none of your goddamned business") have trumped the Bible literalists, the psychiatric pathologizers and the rightwing nutters.

Sadly, Egale's tack has changed under its current executive director, Helen Kennedy, and now the lobby group is in the business of lobbying the government to refuse visas to anti-gay reggae stars like Elephant Man. Alas.

As for Shakedown, its greatest strength is also its greatest weakness. Levant frames the debate as a discussion of free speech. He quotes a litany of groups that favour nixing the hate speech provision from Canada's human rights laws (there would still be a provision in the criminal code). That list includes the Canadian Association of Journalists, PEN Canada and Alan Borovoy of the Canadian Civil Liberties Association.

But Levant's ultimate prescription isn't to strike section 13 from the Canadian Human Rights Act. Take note: Levant wants to do away with the commissions altogether.

His argument slides from reforming to abolishing the federal and provincial commissions with distressing ease. From free speech cases to cases that have nothing to do with speech at all, Levant appears to have spent much of his time looking for "freak" human rights decisions.

One of these, disappointingly, in Kimberley Nixon's human rights complaint against Vancouver Rape Relief (VRR). In an excruciating passage, Levant shows that he hasn't made a serious attempt to understand transfolk, as evidenced by, for instance, his use of masculine pronouns to refer to her. His treatment of Nixon as a human rights circus act is a disservice to both subject and theme.

Meanwhile, he does little to deal with cases like Connie Heintz, who was forced to leave Christian Horizons after her coworkers discovered she was a lesbian. For Heintz, and others who face discrimination in employment, housing or health care, these commissions are important tools in fighting for justice. The solution must be reform, not abolition.

Levant inscribed my copy of Shakedown with the following words: "To Marcus, someone who knows that we must fight for the expressive freedom of dissidents."

If only he would stick to that terrain, I would happily endorse his crusade.


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Reader Comments


 
Human rights commissions still needed
It feels strange to be placed in the same bed as Ezra Levant (metaphorically speaking, of course!). We probably don't see eye to eye on everything and in fact, probably on very little. I stand by Egale's decision at the time and my comments in opposition to dragging Rev. Boissoin before the Human Rights Commission. It painted the homophobe as a martyr at a time when the religious right was claiming victimhood as a result of same-sex marriage. As I said and wrote at the time, "sunshine is the best disinfectant". Shining the glare of public attention on his views was the best way to demonstrate that homophobia (and by extension bi- and transphobia) was alive and well in Canada, despite the achievement of equal marriage. My position on this particular case shouldn't be interpreted as suggesting there's no role for human rights commissions and no need for bringing forward cases. Quite the contrary! In fact, I have personal experience in bringing forward a complaint. It's not possible to make blanket statements as to which cases are "valid" and which aren't. The details vary from one to another. Determining what's legitimate is one of the roles of human rights commissions. I strongly support their existence and their work.
Gilles Marchildon, Toronto Ontario
05/06/09 10:36 AM EST
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Common Ground
I think it makes sense to work with Ezra on those things where we can agree, such as dismantling of hate speech laws, and elimination of OTHER censorship laws as well, which run the gamut from pornography to Canadian content to copyright, etc. But I agree that we need to keep the commissions. The non-Section-13 work they do is good work, and benefits all Canadians.
Randy, Windsor Ontario
05/06/09 8:05 PM EST
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calling the other question
It seems to me that there is an issue left unspoken to in this piece's (and other Xtra pieces') discussion of hate speech. I tend to agree personally that the CHRA provision is an inappropriate restriction on free speech rights. What I would be interested in knowing from folks like Marcus, who champion the cause of free speech and oppose censorship, is whether you would extend your argument to promoting the repeal of the *criminal* prohibitions on hate speech set out in the Criminal Code. Or do you believe that there is a line that should be drawn, which if crossed, justifies criminal law consequences for the proponents of genocide and the inciters of hatred?
Shannon Blatt, Vancouver BC
05/07/09 12:57 PM EST
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See the McLachlin decision in Keegstra
Thanks for your question, Shannon. Xtra, as far as I know, has no "official line" on s318 and 319 of the criminal code. On first blush, I think s319(2) should be struck, and s318 and s319(1) should be adjudicated using a "clear and present danger" test. As in, was the speech likely to cause actual physical harm to people through, say, inciting a race riot? There are lots of important arguments - probably the best enumeration of them is in the dissent in R v Keegstra written by a young Beverley McLachlin. Shannon, you're a lawyer, so you're probably already familiar. For anyone else, you can find it at http://tinyurl.com/p9r5l9 ...
Marcus McCann, Ottawa ON
05/08/09 3:37 PM EST
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