Thursday, June 26, 2008
At Zesty's, eh? I've been to see comedy there. Not a bad room.
Wednesday, June 25, 2008
What especially caught Cosh's eye was the reasoning of Justice Rosalie Abella on mandatory publication bans. The judge weighed the s. 2(b) Charter right to freedom of the press against the s. 7 right to security of the person - as if those two rights were supposed to go into the scale in a situation like this. The problem with such logic is that the Charter is only supposed to be there to protect us against state actions, not actions from private individuals.
This is a pretty elementary part of Canadian constitutional law, but some people appear to still have real trouble with it. Which takes me back to Elmasry. Check out this part of his apologia:
The recent smearing of a Canadian institution like our human rights commissions by Islamophobes, who claim to be protecting "free speech," is a classic case of chopped logic.
They seem to have forgotten that reconciling two potentially conflicting legal rights that are also human rights -- the right to be free from hate propaganda, and the principle of freedom of expression -- is not a new challenge, nor is it an easy one.
So, what, does s. 15 confer positive rights just like s. 7 did in the D.B. case? If we are going to take that kind of approach, where does it end? Shall we balance the rights of the everyday citizen to be free from violence against the s. 10 rights to habeas corpus? And I'm not talking a War Measures Act here - I mean, should we enact enduring legislation that infringes other crucial rights and freedoms, as though we are in a permanent state of crisis?
Wednesday, June 4, 2008
When will the order come down?
When am I gonna be banned?
I should have stayed on my farm -
I could be listening to "Candy Man"!
You know there's no hope for us Ezra
We're David Ahenakew -
Or that's what Elmo and his friends keep hopin' -
These boys'll get hung just for bringin' the news
So goodbye, land of Trudeau
Where the gods of propriety scowl
They won't print me even in Penthouse
I'm going back to my crowd
Back to my howling at National Review
To Frum and Krauthammer I go
The Tribunal's decided my future lies
Beyond the land of Trudeau
What do you think they'll do, then?
I bet they'll shut down Maclean's
And take in a couple of talks on Ebonics
Then head out fightin' hate again
Or maybe Kinsella'd replace me
I'm guessing that he can be found
Locked in the men's room at Denny's
Snappin' graffiti 'bout Jews on the ground
Repeat chorus, wave lighters.