Thursday, February 12, 2009

After Section 13

Much attention has been given in Canada - and across the world - to the systemic problems with Human Rights Commissions and their outrageous decisions. In particular, the sections of the federal and provincial Human Rights Acts that deal with speech and communication "likely to expose a person or person to hatred or contempt" have come under the spotlight. Ever since Ezra Levant went public with his fight against the Alberta Human Rights Commission a little more than one year ago, a movement to abolish Section 13 and its provincial counterpart has been gaining momentum. Canada itself has been exposed to ridicule for allowing such Orwellian courts and laws to thrive in the True North strong and free.

Human Rights Acts and Commissions are certainly the most dangerous and most immediate enemies to the freedom of speech of Canadians, particularly Christian Canadians. But what would happen if the movement to abolish the Acts and/or Commissions achieved its goal? Would the problem be solved? Could Christians sit back without fear of being silenced?

Not at all. Section 13 and its administrators are but the tip of the iceberg, a symptom of a problem that is much more widespread. In Canada, freedom of speech is under attack in other ways. Another government agency, the CRTC, has long been actively preventing Christian TV and radio programs and channels from being established.

Examples abound in public schools and universities. Chris Kempling, a counsellor in the B.C. public school system was disciplined by the B.C. College of Teachers for public criticism, on his own time, of curriculum that promoted homosexual behaviour. (The B.C. College of Teachers recently withdrew a subsequent complaint.) In February 2006, the Cape Breton University Human Rights office accepted a complaint against professor David Mullan for a letter regarding homosexuality that he sent to his local Anglican archbishop and a subsequent discussion of the letter with a student. More recently, it was reported in November that Queens University in Kingston had hired several students whose role includes monitoring private conversations and intervening when issues of "social justice" are being discussed. (This program has since been dropped.) And in the last few weeks, the University of Calgary pressed charges of trespassing against pro-life students who took part in the Genocide Awareness Project. It is particularly distressing - though not altogether surprising - to see freedom of speech especially under attack at institutions that purportedly promote open dialogue and free debate.

American colleges are not much different. Many of them have "speech codes" effectively prohibiting the expression of certain opinions. But at least in the case of our neighbours to the south, the right of free speech is protected under the First Amendment.

It's not that simple. Take John McCain, who recently ran for President. McCain was a supporter of McCain/Feingold, and obviously had no qualms about limiting freedom of speech when it was politically expedient.

And what of Barack Obama, the new President? There is evidence that Obama and his campaign used legal and organizational tactics to silence his critics. It didn't take long after his inauguration for Obama to suggest that Americans should stop listening to Rush Limbaugh, a popular conservative radio talk show host. And Obama's policy aligns closely with the Fairness Doctrine, which practically would give the government power to push certain broadcasters out of business.

True human rights are granted by God, and are therefore outside the jurisdiction of our governments. They are the positive aspect of the negative commandments. When God commands us not to bear false witness, he also declares the inalienable right and duty to bear true witness - to freely speak the truth. Christians are further called to speak the truth in love.

But often the truth - even when spoken in love - is confrontational and unpleasant to those who hear it. Their natural reaction is to prevent themselves from hearing it or to prevent others from speaking it. That is why we see many different efforts in our free societies to silence speech that is intolerable or inconvenient. In practice, it is often Christians who are being muzzled, and often at the hands of "human rights" Commissions. But we must fight these efforts regardless of their form or target; otherwise our freedom too will be in jeopardy. Let us encourage our society and government to uphold the God-given right and duty to speak the truth in love.