And then they came for the comedians…
We can’t say we’re surprised. When we read about Mark Steyn’s recent harassment at the hands of the British Columbia Human Rights Commission, we said privately that it was only a matter of time before a comedian faced similar persecution. Now, we read this.
A Canadian stand-up comedian will face a human rights tribunal hearing after a woman complained she and her friends faced a “tirade of homophobic and sexist comments” while attending one of his shows.
In a decision released this week, the B. C. Human Rights Tribunal ruled there is enough evidence to hear the case of Vancouver woman Lorna Pardy against Toronto comedian Guy Earle. Zesty’s Restaurant in Vancouver, where the May 22, 2007, show took place, has also been named in the complaint.
We almost posted about Steyn. His trial has been going on for some time now and we’ve read with fascination some of the live-blogging from the court.
Well, it’s not really a trial… and it’s a kangaroo court– the BCHRC has never once found anyone innocent of the charges. Once they decide you are guilty of “offending” some victim or group of victims, you are guilty. And you pay the costs of your defense. And the folks with the thin skin? They pay nothing– their costs are borne by the citizens of Canada. It’s about as horrific a system as one can imagine and we’re glad that no one’s brought it to America. Although they’re always trying.
Canadians: You are fucked.
Canadian standup comics: You are fucked as well. This could be the end of standup comedy in Canada as we know it.
And if you think it’s just British Columbia, think again. Ezra Levant, the erstwhile editor of the Western Standard magazine was hauled before a similar band of chimps in Alberta.
In Steyn’s case, he is being taken down because the magazine Maclean’s published excerpts from his book “America Alone” (which the Male Half is currently reading) and some Muslims took offense. When their request to have the magazine publish a rebuttal of similar length was refused, they took their case to the BCHRC, which was all too happy to oblige.
Levant was hounded because his magazine published the famous cartoons of Muhammed. Check out the video below– Levant is brilliantly grouchy, wonderfully and righteously indignant as he fires the opening shots in his defense. Are you sure this guy isn’t American?
Earle, the comic, says he’s going to fight.
He added it’s been more than 40 years since controversial U.S. comic Lenny Bruce was jailed for obscenity over his comic material– “and we’re still fighting the same battle. I know it’s a fight I can never win. But I’ve got to keep fighting.”
Pointless. Utterly pointless. Earle is also expressing regret for what he said. What’s it going to be? Fight it? Or collapse under the oppression and beg for forgiveness?
He says he’s going to have a benefit concert to raise money for his legal costs.
A benefit? That’s tellin’ em!
Here’s a better idea: Leave Canada and come to America. We haven’t had to fight this battle for some time now. Head for New York or Los Angeles and beg the mayor or the city solicitor for political asylum.
Steyn is, when all is said and done, a humorist. He writes eloquently about matters of great importance. And he does so with great authority and he provides solid information to back up his claims. But he also does so wryly, eliciting lots of laughs along the way. (Think P.J. O’Rourke, but with a British accent.) His writings (in books and columns) have been so successful that he’s often called upon to leave his adopted home of New Hampshire and hit the lecture circuit. His live presentations are as hysterical (and as thought-provoking and informative) as any standup comic out there. So, when we found out that he was to be dragged before the sham court in Vancouver, we immediately sensed danger for comedians (even though the comments in question were in print).
Now we have this.
This magazine has always warned that the enemies of free speech in this country (in this world) are not always who you think they’re going to be. We hear much talk about oppression from the far right (the religious, the conservatives, Bushy McChimpHitler, etc.) but we never hear any warning about the far left. These Human Rights Commissions don’t exist here in the USA… not formally, at least. They started them in 1977, to “investigate and try to settle complaints of discrimination in employment and in the provision of services within federal jurisdiction.” After all the heavy lifting in that department was done, the bureaucrats and hacks that staff these commissions had little to do (and lots of money, no doubt, to do it with), so… There is nothing more dangerous than a bureaucrat with a budget, an imagined mandate and lots of time. Before long, they were hearing complaints from any aggrieved Tom, Dick or Kareem that felt in the least bit slighted.
One of the architects of the Human Rights Commissions said this:
…during the years when my colleagues and I were labouring to create such commissions, we never imagined that they might ultimately be used against freedom of speech.
Censoring debates was hardly the role we had envisioned for human rights commissions.
Although it’s true that they have nailed some genuine hatemongers with it, it has nevertheless been used or threatened to be used against a wide variety of constituencies who don’t bear the slightest resemblance to the kind of hatemongers that were originally envisioned: anti-American protesters, French-Canadian nationalists, a film sympathetic to South Africa’s Nelson Mandela, a pro-Zionist book, a Jewish community leader, Salman Rushdie’s Satanic Verses, and even a couple years ago, a pro-Israeli speaker was briefed about the anti-hate law by a police detective before he went in to make a speech.
The same thing could happen in America.
And, if you have any doubt about the dangers of commissions like the ones up north (and if you need any evidence that there can be no comparison between the case of Lenny Bruce and the case of Mr. Earle), consider this, part of an exchange between two of the figures in Steyn’s recent show trial:
MS KULASZKA: Mr. Steacy, you were talking before about context and how important it is when you do your investigation. What value do you give freedom of speech when you investigate one of these complaints?
MR. STEACY: Freedom of speech is an American concept, so I don’t give it any value.
(Thanks to sharp-eyed reader Rex Morgan!)
19 Responses
Reply to: And then they came for the comedians…
To be fair to Canada letting their freedoms go away you guys did get rid of the Bill Of Rights in the last couple of years.
We could engage in a debate as to the current state of the U.S. Bill of Rights as urban improv would like us to do. But that is not what is at issue here.
What is at issue (and we thought that we made it quite clear) is that a comedian, a citizen of a supposedly free nation, Canada, is being hauled before a tribunal because of something he said in the course of a comedy show.
We are not interested in being “fair” to Canada. What we are interested in is pointing out the alarming situation that Canadians in general find themselves in. And to point out that Guy Earle in particular (and, by extension, nearly all comedians in Canada) is now going to be forced to defend himself in a quasi-judicial process in which “truth is not a defense.”
If these facts alone are not enough to get you to focus on Canada’s current ongoing assault on a right so basic as freedom of speech, then you are not part of the solution, you are, along with the Canadian Human Rights Commission, part of the problem.
Since gay rights are explicitly included in the Canadian Charter of Rights and Freedoms this couple did have a legal foot to stand on even if they are kill joys. But this also is what allows for gay marriage and other rights that many in the United States are still fighting for. Many Canadians have problems with the CHRC just as many Americans have a problem with the 9th Circuit Court. But i would rather have a clear mechanism for these issues than the media kangaroo court / lynching of Michael Richards and the Laugh Factory N-Word incident.
A comparison of the Ninth Circuit with the Canadian Human Rights Commission is startling in its illogic.
All Canadians, regardless of sexual preference, should be outraged at the actions of the CHRC.
The couple are far worse than “kill joys.” They seek to put their wants and desires (their “rights”) ahead of some of the most fundamental freedoms of every Canadian.
Rather than sharing in the indignation and offense of the plaintiffs in this case, every gay and lesbian comedian in Canada should be volunteering to perform in a benefit for Guy Earle. Should B.C.’s kangaroo court succeed, not only will Earle likely be forbidden from performing there, but their livelihoods will be just as threatened.
Comedians of all stripes should boycott British Columbia. It should be made clear that the province is a menace to free expression.
Yes, boycott BC, that’ll help. This has gotten a lot of press in Vancouver, it was the cover story of our paper The Province and the editorial and all of the letters responding to it were opposed to the trial. It’s a farce and people know it. If it goes through we’ll protest the hell out of it.
Your outrage is on the money but before you get on your high horse check your own house is all we’re saying. You’re the country that put comedian Ahmed Ahmed in jail for… nothing. And that’s allowed in your country now.
We’re all on the same side in the free speech fight. Forget the knee jerk reactions and we’ll get through this.
urban improv again tries to shift the conversation to the United States:
“…before you get on your high horse check your own house is all we’re saying. You’re the country that put comedian Ahmed Ahmed in jail for… nothing. And that’s allowed in your country now.”
Again, the discussion here is about a serious threat to the freedom of speech of performers in Canada because of the Human Rights Commission.
Comparing the 12-hour detention of Ahmed Ahmed to the plight of Guy Earle is specious.
In the case of Ahmed, his name matched that of an alias used by a man alleged to have been involved in the bombings of the U.S. embassies in Tanzania and Kenya. His detention was a regrettable bureaucratic error.
In the case of Earle, there’s a bureaucracy involved, but there is no “error.” There is, however, a deliberate effort to silence someone and quite possibly ruin his livelihood, at least in British Columbia. The people doing this operate outside of the judicial system and they do so with an alarming claim to moral superiority.
I haven’t read one letter or editorial in the paper that’s been against Guy Earle on this. Public opinion is that the he’s in the right and if the tribunal finds different then as I said we’ll protest the holy hell out of it.
We agree with you it shouldn’t have happened.
Why the Bill of Right was brought up is that “Freedom of Speech” in your country comes from it. If the rights in it were leaves and the Bill of Rights was a tree it’d look like autumn right now.
That’s why it’s not two seperate issues. When you say our freedom of speech is endangered I’m saying back to you, check your own backyard. The leaves are falling. If you allow people to be arrested for no reason, with no access to a lawyer and imprisoned for as long as the government want do you really think comedians are safe? That’s going to be the line Americans say you can’t cross?
We’ll see.
urban improv once again fights the impulse to bring up the U.S. Bill of Rights and loses.
And, once again, you are confusing two issues. Why? Who can say.
And, once again, an inexplicable leap is made from freedom of speech to unlawful detention.
As for the Bill of Rights being a tree in autumn, it makes for a vivid and perhaps alarming metaphor, but it bears no resemblance to reality.
The freedom of speech for every comedian in America (indeed, for every American) is as robust as its ever been, leafless-tree metaphors notwithstanding.
Ahmed Ahmed is opening for Ricky Gervais in Los Angeles July 9-12, and appearing with Russell Peters at the Grove in Anaheim July 19-20. After two shows in Beirut, Lebanon, he returns to the U.S. to perform at the Democratic National Convention in Denver on August 25.
Guy Earle? He’ll be doing a benefit show on July 19 in Toronto to raise money to defend himself against outrageous charges from a quasi-judicial band of political hacks known as the CHRC– no doubt the first of many such shows over the course of the next several months.
Could the difference be any clearer?
Your freedom of speech is guaranteed by the Bill of Rights. So it’s only as secure as the Bill of Rights, that’s how unlawful detention and free speech are connected, because your country connected them in 10 great ammendments to your constitution. And if numbers 4,5,6 and 8 have been ignored or removed because they weren’t convienient over the last few years what makes you think number 1 is secure and robust?
It’s great that Ahmed Ahmed is opening for Ricky Gervais, does that make up for how he’s been treated? For how he’s allowed to be treated?
All I’m saying is a country with secret prisons and prison without trial or access to a lawyer can’t brag about its “freedom” too loudly.
Canadians are fucked? If you still can’t see how free speech connects to the other issues I’m bringing up then we’re not the only ones who are.
I didn’t file a complaint. I’m against the filing of the complaint. My feelings aren’t hurt. I have a pair. It’s not an urban legend that you’ve got secret prisons your politicians have mentioned them, it’s not an urban legend you’ve abandoned four out of ten of your most basic rights. All I can get from what you’re saying is you think the freedom of speech you feel you have isn’t connected to that document. It’s what legally allows it. If the American people haven’t become outraged over almost half of those ten rights being made optional why do you think they’ll care about the first?Canada is in the wrong for bringing this to the Tribunal. You’re right about that. But your country is so wrong when it comes to human rights currently that it’s like Saudi Arabia telling another country they should treat women better.You’re cherry picking one issue where Canada has shit the bed. Gair enough. But your bed is a mushroom field. Hope that changes very soon. I’m done with this. Feel free to say I’m missing the point again. Happy Canada Day!Happy 4th of July!
This bears repeating: The issue here is not the U.S. Constitution or Bill of Rights. No matter how hard you try.
It’s about agents of the Canadian government (documented to have employed Stalinist tactics) trampling the freedom of speech of a comedian.
If your response to the situation is to regurgitate urban legends about imagined abuses of the Patriot Act then you have seriously failed to grasp the seriousness of the situation.
As for Ahmed Ahmed, only he can say if opening for Ricky Gervais can “make up for how he’s been treated.” That isn’t the issue either. We mentioned his schedule merely to contrast it to that of Mr. Earle’s. (Once again, however, Mr. Earle’s fate is ignored in favor of making some sort of point about the U.S. Bill of Rights. Curious, to say the least.)
Even “M_Word”, posting on lesbian social networking site OurChart.com gets it:
The Ninth Circuit court regularly interprets the constitution in a way that offends just about half of the population of the United States. The CHRC regularly interprets Canadian laws in a way that offends half of the country.But I think a better comparison would be how NHL players are now being charged with battery when they cross the line on the ice. Just because one is a working professional, on the clock, they cannot use the environment of their craft to absolve their actions from the laws of the state. In comedy as in hockey you can hit as hard as you want, but if your intent is malicious our society frowns upon your attempt to cause injury.
http://emeryemery.com/assets/images/mohammad.jpg
Ninth Circuit? Hockey? <>WTF<>?Guy Earle (and any other comedian who says something onstage which may be interpreted by someone as offensive… which is pretty much every standup comic in Canada) has no safe haven in Canada.And each and every comedian in America has <>absolutely nothing<> to fear from the Ninth Circuit.Like we said in the original post:“Canadian standup comics: You are fucked as well. This could be the end of standup comedy in Canada as we know it.”
The Ninth Circuit court regularly interprets the constitution in a way that offends just about half of the population of the United States. The CHRC regularly interprets Canadian laws in a way that offends half of the country.
But I think a better comparison would be how NHL players are now being charged with battery when they cross the line on the ice. Just because one is a working professional, on the clock, they cannot use the environment of their craft to absolve their actions from the laws of the state.
In comedy as in hockey you can hit as hard as you want, but if your intent is malicious our society frowns upon your attempt to cause injury.
sheckymag wrote:
“Guy Earle (and any other comedian who says something onstage which may be interpreted by someone as offensive… which is pretty much every standup comic in Canada) has no safe haven in Canada. … Canadian standup comics: You are fucked as well. This could be the end of standup comedy in Canada as we know it.”
Uh, right. Even before they’ve made their decision? And you think the mainstream media paints in broad strokes!
I did not know a question mark can serve as rebuttal but I’ll move on. From a little research last evening with local comedians I have heard some details that are sympathetic to the plaintiffs in this case. This is from other comedians who understand what a heckler is and know how to deal with them properly! Of course this is hearsay but all I can say is that you should find out more about the specific details of this incident and the defendant before leading the charge to boycott of the province of British Columbia. From what I have learned this is not the freedom of speech issue that you may believe it is. Do you know What was said OFF the stage?
To Guy MacPherson:
When you’re dealing with a body that has a 13-0 record, there isn’t much of a chance that the decision will be in favor of the defendant.
Did you read any of the coverage of their recent trial involving Maclean’s?
Not sure that fine strokes are needed to paint this nasty picture.
For George Hamilton, who says:
“From a little research last evening with local comedians I have heard some details that are sympathetic to the plaintiffs in this case.”
Ah! The Junior Star Chamber has met and rendered their verdict! We were wondering when you were going to throw Mr. Earle under the bus.
George Hamilton goes on:
“This is from other comedians who understand what a heckler is and know how to deal with them properly!”
We see where this is going. Guy Earle isn’t a real comedian, as evidenced by the fact that he doesn’t “know how to deal with (a heckler) properly.” As a result, the BCHRC can have him. He isn’t one of us. Come get him at your convenience.
This is rather sickening.
How long before they come after you, George Hamilton? How confident are you that you are a “proper” comedian who refrains from offending anyone based on the 11 criteria as stated in Chapter 13, Section 1? How certain are you and the “other comedians” who know how to handle a heckler properly are immune to this type of prosecution?
Those are rhetorical questions, by the way. We already know what you’ll answer.
The rest of Canada’s comedians aren’t so sure.
Properly = Don’t touch a member of your audience member without asking first.