<http://www.jewishtribune.ca/tribune/PDF/jt310108.pdf>
http://www.jewishtribune.ca/tribune/PDF/jt310108.pdf

The human rights commission jihad

By John Thompson

At the time of writing, Ezra Levant, a conservative journalist and until
recently publisher of the Western Standard, has been summoned before the
Alberta Human Rights Commission to answer a complaint from a Calgary Imam,
Syed Soharwardy. Two years ago Levant had republished the cartoons from the
Danish newspaper Jyllands-Posten that had ignited a pre-planned and
coordinated display of carefully inculcated ‘rage’ across the Islamic World.
(Also see the Mackenzie Institute’s The Cartoon Jihad from February 2006).

In addition to this, the BC Human Rights Commission has begun a similar case
against Maclean’s Magazine and the essayist Mark Steyn; while Ontario’s
Commission and the federal body are considering additional actions. This is
a result of a complaint by the Canadian Islamic Congress, who allege that
the magazine and columnist are spreading “hatred and Islamophobia.” Do tell.

Actually, one first rational reaction to this complaint might well be to
wonder how ‘Islamophobia’ can possibly exist – phobias are irrational fears;
not concerns based on experience, observation and history. In any event,
Steyn and Maclean’s are showing no signs of backing down. Levant, as befits
a conservative with strong convictions and a passion for debate, has
demonstrated an eagerness to defend freedom of speech; and has let the
Alberta Human Rights Commission know, in no uncertain terms, that he feels
they should not have even considered accepting Soharwardy’s complaint. Nor
should it have done so.

NOT JUST AN IMAM

The son and grandson of Pakistani clerics, Syed Soharwardy is not just an
Imam at the al-Madinah Islamic Centre and Mosque in Calgary, but also is the
founder of the ‘Islamic Supreme Council of Canada’ (where he said he hoped
to organize a ‘Muslim vote bank’). Despite the grandiose name the council
isn’t an overarching confederation of learned Canadian Islamic clerics.

Soharwardy has also been identified in the Canadian media as the founder of
the Muslim Free Press in 2006, and the Islamic Court of Civil Justice from
2004. It is, however, hard to find any real record of accomplishment (beyond
the mere fact of their existence) by these groups; but it does leave a
strong impression of activism on the part of Soharwardy. A sense of his
views on Islam can also be gained from a quote he gave to the Calgary Herald
in January 2004: “Sharia cannot be customized for specific countries. These
universal divine laws are for all peoples of all countries for all time.”
Islam über alles…. Setting aside the baffling question of why the Alberta
Human Rights Commission is treating Soharwardy’s complaint seriously, one
must ask why an aggrieved activist would use Human Rights Commissions in
Canada to complain about the exercise of free speech.

There are several answers.

Firstly, human rights commissions don’t just have a bias against the accused
– they’re stacked against them. As Steyn observed in a January 2008 column
in Maclean’s: In the three decades of the Canadian “Human Rights” Tribunal’s
existence, not a single “defendant” has been “acquitted.” Would you bet on
Maclean’s bucking this spectacular 100 per cent conviction rate? “Sentence
first, verdict afterwards,” declares the queen in Alice in Wonderland.
Canada’s not quite there yet, but at the Human Rights Commission, it’s
“Verdict first, trial afterwards.” So I’m guilty and Ken Whyte’s guilty and
Maclean’s is guilty because that’s the only verdict there is.

Secondly, human rights commissions are cheap – very often, the plaintiff
needs no legal counsel (unlike the defendant), and might very well have his
expenses refunded if he does have a lawyer in his corner. The defendant
cannot expect any such beneficence, and will probably expect to ring up the
same degree of expenses ($50,000 plus) that they might in a general civil
action.

AVOID EMBARRASSMENT

Thirdly, in a regular civil action in a real court, there is the process of
discovery or disclosure; whereby the plaintiff and the defendant can demand
to see each other’s records. Normally, in the courtroom Jihad in the US (and
to a lesser extent in Canada), this is where the plaintiffs back off. In the
case of CAIR in the US, the courtroom is where it was discovered that –
instead of the vast legions of American Muslims the group claimed to
represent, that it only had a few thousand members across the United States;
and that a significant share of its money came from Wahhabi sources in Saudi
Arabia. In short, CAIR was demonstrated to be nothing more than a
half-disguised shill for the Jihad’s political front. In Canada, sticking to
the human rights commissions would be a way of avoiding such embarrassment.

Again in a general court, there is the quaint but ancient tradition of being
able to cross-examine witnesses and let the defendant see what evidence is
arrayed against him, so that he or she has a chance to refute it. This, like
the process of discovery, can lead to all sorts of embarrassment for the
plaintiff…but in a human rights commission hearing this need not happen.
Instead, to protect the plaintiff from such indignities, he can testify
without having to face crossexamination, or indeed, need not actually face
his victim, er, the defendant at all.

There are clear signs that supporters and sympathizers of militant Islam are
deeply interested in using Canada’s human rights commissions as the new
vehicle for the ‘courtroom Jihad’. One indicator came from the Toronto Star
on June 26, 2006, in an article by Faisal Kutty; then vice-chair of the
Canadian Council on American Islamic Relations (CAIR-Canada) and general
counsel for the Canadian Muslim Civil Liberties Association. The article
Good intentions are not enough argues that human rights commissions need
more funding, expanded powers and increased powers of punishment.

As an aside; CAIR-Canada’s American parent, CAIR, is an unindicted
co-conspirator in a terrorism funding case in the US and several of its
founding/senior members have been convicted in US courts on terrorism
related charges. CAIR and CAIR-Canada have a history, however, of suing
critics who raise these issues; though the cases are usually dropped by the
organizations once the disclosure/discovery stage is reached. Several
erstwhile defendants in these cases suspect CAIR is most anxious to conceal
its true sources of funding.

A PROFOUND ERROR

There is a message that Canada’s human rights commissions need to understand
very clearly. Yes, they were formed to fight discrimination on individual
cases only – cases like denying a job to a woman that she is capable of
performing, or against a landlord who decides not to rent an available
apartment to someone on the basis of their race. The original intent was not
to let there be any limits on free speech.

Unfortunately, while the likes of Ernst Zundel and the neo-Nazis were as
welcome as skunks at a garden party, using human rights commissions to limit
them back in the 1990s was a profound error, and it may be time to undo it.
Not because of any sympathy for Zundel, but rather because we have created a
monster.

George Orwell in 1984 observes that “freedom is the freedom to say that two
plus two make four. If that is granted, all else follows.” Indeed, freedom
of inquiry and the ability to engage in rational discussions about anything
are at the heart of all our other freedoms. Even a single-party dictator for
life is conceding a remarkable degree of freedom (with everything that flows
from it) if he truly permits a free and open press to operate in his
country. It isn’t too difficult to argue that the singlemost important human
right is the right to argue and debate about everything. Any attempt to
limit this right is to place every other freedom in serious jeopardy.

If our human rights commissions are serious about human rights at all; their
only logical reaction to the complaints against Ezra Levant or against
Maclean’s and Mark Steyn would have been to immediately dismiss them as
being totally without merit. As they have refused to do this, it is clear
that they require urgent and serious reform and a dramatic overhaul in their
personnel…or else mandatory remedial training in civics and history. Until
these happen, Levant’s and Steyn’s defiance are only the beginning.

John Thompson is an international expert on

terrorism. Reprinted with permission of The Mackenzie

Newsletter, www.mackenzieinstitute.com.



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