The best column yet on human rights commissions

Not surprisingly, the best column yet on human rights commissions comes from Mark Steyn, in this week's Maclean's. I think it's the best for several reasons, but mainly because it refuses to give any credit to human rights mumbo-jumbo, and actually analyzes what passes for arguments from the HRCs. The comparison between Marxist and Nazi totalitarianism is brilliant; the reminder of the impotence -- indeed, the counter-productivity -- of "hate speech" laws in 1930's Germany is persuasive. And the absurdity of privileged white women, like Barbara Hall and Jennifer Lynch, condeming "white hegemony" is hilarious. As I've argued before, there is nothing so devastating in politics as truly funny ridicule. That's what makes Jon Stewart's show so powerful -- not that he's particularly bright, but that he makes his viewers laugh at (mainly) Republicans. Steyn is both funny and bright, and that combination is unbeatable. Other than the unwittingly discrediting utterances of Hall herself, I think there is no better advocate for the reform that Steyn. Some excerpts:

It's true that "hurtful actions that undermine freedom" and lead to "unspeakable crimes" usually have some fig leaf of intellectual justification. For example, the ideology first articulated by Karl Marx has led to the deaths of millions of people around the planet on an unprecedented scale. Yet oddly enough, no matter how many folks are murdered in the name of Marxism-Leninism, you're still free to propound its principles at every college in Canada.

Ah, but that's the Good Totalitarianism. What about the Bad Totalitarianism? You know, the one everybody disapproves of: Nazism. Isn't it obvious that in the case of Adolf Hitler, "hateful words" led to "unspeakable crimes"? This argument is offered routinely: if only there'd been "reasonable limits on the expression of hatred" 70 years ago, the Holocaust might have been prevented.

There's just one teensy-weensy problem with it: pre-Nazi Germany had such "reasonable limits." Indeed, the Weimar Republic was a veritable proto-Trudeaupia. As Alan Borovoy, Canada's leading civil libertarian, put it:

"Remarkably, pre-Hitler Germany had laws very much like the Canadian anti-hate law. Moreover, those laws were enforced with some vigour. During the 15 years before Hitler came to power, there were more than 200 prosecutions based on anti-Semitic speech. And, in the opinion of the leading Jewish organization of that era, no more than 10 per cent of the cases were mishandled by the authorities. As subsequent history so painfully testifies, this type of legislation proved ineffectual on the one occasion when there was a real argument for it."

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The problem the Jews found themselves up against in Germany and elsewhere was not the lack of hate-speech laws but the lack of protection of the common or garden laws — against vandalism and property appropriation and suchlike. One notes, by the way, that property rights are absent from Canada's modish Charter of Rights. The reductio ad Hitlerum is the laziest form of argument, so it's no surprise to find the defenders of the ever-more-intrusive "human rights" enforcers taking refuge in it. But it stands history on its head. Most of us have a vague understanding that Hitler used the burning of the Reichstag in February 1933 as a pretext to "seize" dictatorial powers. But, in fact, he didn't "seize" anything because he didn't need to. He merely invoked Article 48 of the Weimar Republic's constitution, allowing the state, in the interests of the greater good, to set — what's the phrase? — "reasonable limits" on freedom of the press, freedom of expression, freedom of association, freedom from unlawful search and seizure and surveillance of postal and electronic communications. The Nazis didn't invent a dictatorship out of whole cloth. They merely took advantage of the illiberal provisions of a supposedly liberal constitution. 

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Happily, beginning on July 1, under Ontario's "human rights" reforms, Commissar Hall will have far greater powers to initiate prosecutions against all and sundry. Under the new proposals, " 'hate incident' means any act or omission, whether criminal or not, that expresses bias, prejudice, bigotry or contempt toward a vulnerable or disadvantaged community or its members." "Act or omission"? Of course. The act of not acting in an insufficiently non-hateful way can itself be hateful. Whether or not the incident is a non-incident is incidental. I quote from "Concepts Of Race And Racism And Implications For OHRC Policy" as published on the OHRC website:

"The denial of racism used by so many whites in positions of authority ranging from the supervisor in a work place to the chief of Police and ministers of government must be understood for what it is: an example of White hegemonic power over those considered 'other.' "

Got that? Your denial of racism merely confirms your racism — because simply by being a "White hegemon" (like Barbara Hall or Jennifer Lynch) you wield racist power.

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It's not a left/right thing. It's not a gay/straight thing. It's not a Jew/Muslim thing. It's not a hateful Steyn/nice fluffy caring compassionate Canadian thing. It's a free/unfree thing. And the commissars are on the wrong side.