Saturday, January 12, 2008

Shackling the Press: Part II

The complaints against Maclean's magazine and Mark Steyn are just a few of several notable cases currently before the HRCs. In another strikingly similar case, a magazine - the now-defunct Western Standard - and its editor - Ezra Levant - are being investigated for being offensive.

I am being interrogated for the political crime of publishing the Danish cartoons in the Western Standard nearly two years ago. As a lawyer, I've been in different courts and tribunals, but I've never experienced a kangaroo court first-hand. I will have a more comprehensive report later today.
Of particular interest is his thorough and no-holds-barred response to the complaint against the magazine:
This is a nuisance suit that serves an illiberal agenda, and should the Alberta Human Rights and Citizenship Commission (AHRCC) not dismiss it forthwith, the AHRCC itself will become a party to it.
Levant's opening statement at the interrogation had the same tone:
It is especially perverted that a bureaucracy calling itself the Alberta human rights commission would be the government agency violating my human rights. So I will now call those bureaucrats “the commission” or “the hrc”, since to call the commission a “human rights commission” is to destroy the meaning of those words. I believe that this commission has no proper authority over me.
Levant, Steyn, and others in their position have been advised not to make their situations worse by attacking the HRCs. But Levant and Steyn are taking the right stance - they have no illusions about the fairness of the HRCs. They are hoping to bring their trials outside of the commissions and into the court of public opinion, since the most important aspect of these complaints is the legitimacy of the commissions themselves. And it is the commissions who are now being put on trial in the court of public opinion.

Update: Levant has posted videos of portions of his interrogation on YouTube. He details the circumstances and considerations of his decision to do so:
But my lawyer and I insisted that we be permitted to record the interrogation, for use when we appeal the commission's decision to a real court. The officer allowed the video camera, but asked that we keep the recording confidential. But, over a year ago, our lawyer served notice on the commission that we reserved the right to publish any communications to or from the commission whatsoever, and that they should govern themselves accordingly. It's not surprising that a censor like the commission would want to do its censorship in the dark.
First, footage of Levant's opening statement:



Second, his strong response to the absurd query of what his intent was in publishing the cartoons. As Mark Steyn writes:
How did it come about in one of the oldest settled democracies in the world that government agencies were given powers to require a "free" press to justify the "intent" behind a particular article?
Update: Levant indicates that he will upload about ten videos to YouTube. You can see them at his website, with relevant commentary.