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THE TYRANNY OF NICE

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Contempt of kangaroo? Print E-mail
Steynposts
Monday, 09 November 2009

Jesse Ferreras draws my attention to a most peculiar decision by the genius jurists of the British Columbia "Human Rights" Tribunal:

Tonie Beharrell of the B.C. Human Rights Tribunal, the same tribunal behind the right to not wash your hands while working in a restaurant, is laying a gavel down on the Downtown Vancouver Business Improvement Association for violating an alleged confidentiality agreement with Pivot Legal Society, the amateur DTES law firm that's brought a complaint against the Association with no supporting documents.

The Tribunal has laid a fine of $2,000 against the association for revealing the fact that Pivot has no documentary evidence to support its claims...

A complaint based on no evidence isn't the peculiar part. That's just business as usual in the "human rights" racket. What's odd is the fining of the defendant for revealing the fact. "Judge" Beharrell was one of the three judges who presided over the Maclean's/Steyn show trial last June when "expert" witnesses were flown in to discourse on the "tone" of my jokes and whatnot for the best part of a week. So I was naturally curious as to why she had fined the DVBIA:

The BC Human Rights Tribunal ruled today that Charles Gauthier, Executive Director of the Downtown Vancouver Business Improvement Association (DVBIA), engaged in improper conduct by disclosing confidential proceedings related to the discrimination complaint against the DVBIA filed by Pivot Legal Society and VANDU in June 2008. The Tribunal awarded Pivot and VANDU $2000 in costs, finding that Mr. Gauthier’s improper conduct “had a significant impact on the complainants and on the integrity of the Tribunal’s processes”.

"The integrity of the Tribunal's processes"? That's a laugh, considering that, as I know firsthand, they make it up as they go along. But in any case how can DVBIA's disclosure impact the "integrity"? One can understand it might be prejudicial were this a jury trial. But in this instance Tonie Beharrell is both judge and jury: Is her "integrity" so easily impacted?

Or is it some sort of "contempt of court" deal? Two years ago, when the "human rights" enforcers first inserted themselves into my life, at the very first meeting with counsel I asked what the rules were with this racket, and I was told that there was no such thing as contempt of court with these "human rights" commissars: You could say what you want about them and their crappy pseudo-courts. So I did, mercilessly, week after week in Maclean's. If I got hold of a document, I revealed it, starting with my publication here of the original complaints. The only time Maclean's and I had a wee bit of a falling out was when I was stopped by a scrum of reporters leaving the courthouse in Vancouver and I denounced Tonie Beharrell and her chums as a troika of "pretend judges", which it was felt was a mite excessively abusive as they were only a few yards away at the time. (The Globe & Mail report appears to be subscriber-only, but here's the CP story from the Pictou County News.)

Other than that, Maclean's and I said whatever the hell we wanted regardless of whether or not it "had a significant impact on the complainants and on the integrity of the Tribunal's processes". Which, of course, it did. Why do you think we got off? Under the BC "Human Rights" Act, we're clearly guilty but our "significant impact" on the "integrity" of the "process" happily took care of that.

So I wonder whether Judge Beharrell has the power to levy such a fine. If I were in the DVBIA's shoes, I certainly wouldn't pay it.

 
The claiming of the green Print E-mail
Steynposts
Saturday, 07 November 2009

Canadian taxpayers paid eight thousand bucks for Jennifer Lynch, QC, Chief Commissar of the Canadian "Human Rights" Commission, to fly first class to Dublin to whine about me, Ezra Levant and "reverse chill" in a speech she'd already given in Montreal.

Incidentally, when I testified to the House of Commons Select Committee on Justice, Miriam Burke, the clerk to the committee, invited me to claim hotel and travel expenses for the trip. I declined, on the grounds that the Canadian taxpayer, already groaning under Commissar Lynch's tab, should not have to bear additional burdens.

 
The battle for free speech Print E-mail
Steynposts
Wednesday, 28 October 2009

Three pieces worth noting:

First, Rebekkah Hebbert's guide to how to wage the campaign.

Second, Jennifer Lynch's guide to how to obfuscate and dissemble.

And finally, Deborah Gyapong on where all this is heading: the state as an increasingly coercive lone arbiter of legitimate discourse.

 
Jennifer Lynch's straight-talk express Print E-mail
Steynposts
Tuesday, 27 October 2009

...just to reassure myself as I can reassure you that Canadians can have pride in all of the employees of the Canadian Human Rights Commission and the way we carry out our complex mandate.

Ms Lynch, let me stop you there. That's not an answer to my question.

This exchange (click the YouTube clip) with Joe Comartin, the NDP MP, at yesterday's Committee hearing summed up Commissar Lynch's strategy. Asked specific questions by Mr Comartin, she retreated to ever more expansive generalities. When he queried whether she was embarking on civil action against Ezra Levant and me, she replied that "we are leaders and catalysts in advancing equality in Canada and in fact internationally." I gues that explains all the lunches in Geneva and Dublin but it seems an odd response to a very specific line of questioning. By this stage, Commissar Lynch seemed to be repeating a handful of stale bromides in entirely random order. I think Ezra is right, and that her preferred mode of condescension and transparent evasion (occasionally enlivened by entirely false assertions on such specifics as the RCMP) was not a wise move.

Jesse Ferreras has more on the day's events, as do The Interim and the Moose & Squirrel, with a big round-up at the Lynch Mob.

[UPPERDATE: Marc Lemire has asked to be invited to testify.] 

[UPDATE: "Canada's Schoolmarm." The "TM" after the "QC" is a nice touch: I was interested to discover via a FOI request that the Chief Commissar signs herself "Jennifer Lynch, QC". I know many QCs, including my brother-in-law, but they don't use the post-nominal in their signature.] 

 
The censor speaks Print E-mail
Steynposts
Tuesday, 27 October 2009

I spent much of Monday on a plane to Phoenix, to see my friends at the Goldwater Institute, a great beacon of liberty and thus the antithesis of the Canadian "Human Rights" Commission. So I'm only belatedly catching up to the all-star censorfest at the House of Commons Select Committee on Justice and Human Rights. It was live blogged by Miss Marprelate, Jay Currie, and the ol' hatemonger himself Ezra Levant - and Deborah Gyapong has pictures.

A couple of quick observations from the wee small hours in the western desert:

First, this letter to the Justice Committee from Ezra Levant is a little disturbing. I met the clerk of the committee on my trip to Ottawa and found her very charming, but she explained to me that nothing could be distributed to members unless it was in both English and French. Fair enough. Them's the rules and that's that. So I went back to New Hampshire to translate certain unilingual exhibits such as Julian Porter, QC's objection to the Canadian "Human Rights" Tribunal's decision to hold the Lemire trial in secret. Ezra, on the other hand, submitted his evidence to be translated by the government and it does seem somewhat unsatisfactory that they were unable to do it in time for Commissar Lynch's appearance.

Second, if Richard Warman was present at today's events, why was he not called as a witness? Mr Warman is Section 13's serial plaintiff and both Ezra and I charged him with a grotesque abuse of the process and cited him as a leading example of how "corrupted and diseased" Section 13 has become. If he has time to show up in the audience, why doesn't he have time to testify?

Third, M Menard and Mr Comartin, who were impressive questioners last time round, were sharper still on this occasion. Serge Menard is a Bloc MP and Joe Comartin an NDP member. Realistically, even assuming every Tory votes to do something about Section 13, nothing can happen without at least one other member of the committee, and it would seem the Bloquistes and the token Dipper are more engaged by the subject than the Liberals.

Fourth, Commissar Lynch was a bland obfuscatory dud who all but openly insulted the members' intelligence, retreating to the same generalized bromides. Her assertion that the dismissal of the case against Maclean's demonstrated that the process worked was laughable. Everyone knows Maclean's and I got off only because we went nuclear and made the price of conviction too high for the Commission to risk. But beyond that, even overlooking that curiously random grin of hers, there's something very creepy in hearing a government's chief censor emphasizing her commitment to a "harmonious society". It's not only a dubious legal concept in terms of Canada's 800-year inheritance since Magna Carta, but it has the explicit whiff of totalitarian fakery. I'd like to teach the world to sing in perfect harmonee, but I wouldn't hire Commissar Lynch, Dean Steacy or Richard Warman as the vocal coaches.

 
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