WildRose Party's Human Rights Platform Part I: WildRose Would Allow "No Blacks Allowed" Signs

 A few notes on this piece from Canadian Lawyer Magazine on the party's human rights platform.  One thing jumped right out at me:


First, the Wildrose states that it would repeal s. 3 of the AHRA. This section currently prohibits the publication or display of any statement, notice, sign, symbol, etc. that either indicates discrimination or is likely to expose to hatred or contempt a person or a class of persons protected under the AHRA (subject to a couple of caveats, including the guarantee in s. 3(2) that “Nothing in this section shall be deemed to interfere with the free expression of opinion on any subject”). The Wildrose says that the revised legislation “will maintain the Criminal Code standard of banning speech that advocates for acts of violence or genocide against any individual or identifiable group.” Presumably, this change is in response to the “attacks against freedom of speech” alleged by the Wildrose.

There are a few issues with this proposal. Although the Wildrose refers to the repeal of s. 3 in its entirety, its proposal to replace it with a different standard for hate speech makes it unclear whether it plans to repeal only the hate speech portion of s. 3 (s. 3(1)(b)), or also the prohibition on discriminatory publications (s. 3(1)(a)). If it repeals the latter prohibition, that would leave a gap in the legislation that would fail to cover publications that are discriminatory but do not reach the level of promoting hatred.

 (s. 3(1)(a) is the equivalent to section 13 of the Ontario Human Rights Code, which I have written about here. It basically means that, since you can't deny housing, for example, to a person on the basis of their ethnicity, you can't post a "statement, publication, notice, sign, symbol, emblem or other representation"saying you are going to.  Like this one:

h/t

And while the folks at Canadian Lawyer suggest it is unclear whether allowing such signs is Wildrose's intent, the wording in their platform is quite clear.  They will:

• Strengthen Alberta’s human rights legislation to unequivocally protect the freedom of speech of all Albertans. This will include the repeal of section 3 in Alberta’s current human rights legislation. 

Now, while we might argue about the limits to free speech all day and all night, I don't think any of us want to allow folks to post "No Dogs Or Irish" signs outside their restaurants.  But that would  be the effect of WildRose's proposed changes.

Wildrose Alliance Takes Stab At Centrism

Not quite sure what this means

And it stepped back from demanding that Section 3 of the Alberta human rights code (which deals with publications and free speech) be axed. Some Wildrose supporters, Tory MLAs and other groups believe Section 3 of the act is providing unjust censorship powers to the Alberta Human Rights Commission, a quasi-judicial agency.

Instead, Wildrose members voted to amend the human rights act to "unequivocally protect" freedom of speech and freedom of the press.

...because details aren't up yet on the Wildrose Alliance website: could the section be left in the code but amended around until it was made irrelevant? Dunno. But its interesting that even the Alberta Right has figured out that to adopt the pure Speechy philosophy is to risk being dubbed kooks and racists.

Also shows how utterly dear Ezra is estranged from his own province.

Cognitive Dissonance In The Alberta Legislature

Mr. Mason: Thank you very much, Mr. Speaker. Over the weekend the Minister of Culture and Community Spirit admitted that evolution was science, and he said that his government isn’t arguing science. But, you know, despite all of the protestations from the other side about what they’re not doing, we need to remember that it was the Premier himself who said that evolution would be optional if parents objected on religious grounds. This isn’t a fantasy of the opposition; this comes from the Premier. So I want to ask the Minister of Culture and Community Spirit: have you and the Premier figured out why you’re contradicting each other and why the message . . .

Mr. Blackett: Well, Mr. Speaker, I know one thing: I don’t pretend to speak for the Premier[...]if you have a question about what the Premier said, I suggest that you ask the Premier that question.

Mr. Mason: Well, I keep trying, Mr. Speaker.The minister knows that those things are subject to interpretation.It is the interpretation of what is religion that is at stake here.

As an aside, if you are wondering what interpretation of Bill 44 turns a biology class into something that deals explicitly with religion, here's Bishop Henry, who thinks it does not go far enough:

...all education is faith-based to some extent. It's time to ask why the opinions of the majority of the citizens in Alberta are being ignored, i. e., "why should the faith of the atheist and agnostic be the only and the governing paradigm in public education?"

...which is to say, there is no Truth, only faiths. And apparently the agnostic and atheist faith rules in Alberta. Who knew?

h/t Mr Smith.

Parental Rights In Alberta: Bill 44 & The Creationists

Alberta Minister of Culture Lindsay's Blackett's new bill overhauling the Alberta Human Rights Code says:

11.1(1) A board as defined in the School Act shall provide notice to a parent or guardian of a student where courses of study, educational programs or instructional materials, or
instruction or exercises, prescribed under that Act include subject-matter that deals explicitly with religion, sexuality or sexual orientation.

(2) Where a teacher or other person providing instruction, teaching a course of study or educational program or using the instructional materials referred to in subsection (1) receives a
written request signed by a parent or guardian of a student that the student be excluded from the instruction, course of study, educational program or use of instructional materials, the
teacher or other person shall in accordance with the request of the parent or guardian and without academic penalty permit the student

a) to leave the classroom or place where the instruction, course of study or educational program is taking place or the instructional materials are being used for the duration of the part of the instruction,

...and etc. Yesterday, one of my readers noted in the comments that:

Actually, after reading the legislation a bit more carefully, it's quite topic specific. Topics like science remain science, and the creationists would have to prove that the science curriculum is in fact a religion that they disagree with.

It's got a lot less wiggle room in it than Morton's bill had in 2006.

...which is to say that if, for example, there was a class devoted to the history of Buddhism, a Catholic parent might have their child pulled from it according to the new act. And, if so, then the legislation merely codifies what is already happening in Alberta schools. As Paula Simons writes in the Edmonton Journal:

Schools already send home permission forms that parents must sign before their children take classes in sex education. Parents can already pull their children from school programs that deal with religion. I pulled my own daughter from the classroom when the Gideons came to hand out New Testaments.

Yet Premier Ed Stelmach stated yesterday, and Blackett confirmed, that "parents would have the right to opt out of evolution classes".

So how does this square with the relatively narrow wording of the bill? Will the portion of biology class devoted to evolutionary theory get defined as a religion that it is possible to disagree with?

Can of worms indeed.

Creationists Score Big In Alberta Human Rights Overhaul

A provincial document says the government needed to assure parents of their rights because "faith-based groups urged government to recognize -- as a right -- parents' role in making choices for their children."

"When asked about evolution, always a question since the monkey-human thing is a talker, the premier says 'parents would have the opportunity to make that choice.' Take that, Darwin."

A mixed bag then. Section 3 stays in, gays get an explicit mention...and Creationists can pull their kids from biology class when evolution comes up. Maybe also from Astronomy class. Can Muslim parents pull their kids from History class when Israel comes up? And why would anyone send their kid to Algebra? Sounds like a recipe for chaos.

A lot not to like about that.

Ezra Levant: Alberta Culture Minister Lindsay Blackett Is A Token

I know why Stelmach wants to keep Blackett on the job -- because Blackett is black, and thus gives the government a politically correct patina. Stelmach wants Blackett to smile -- but not to think. He's window-dressing. The one thing Blackett has worked on the past year, the one thing he stuck his neck out for, is the one thing that his own premier has sand-bagged him on.

I guess Ezra will not be getting a Xmas card from Ed Stelmach this year.

Also of note is this line from Ezra's post:

Ed Stelmach, Alberta's weak premier, shows he's still strong when it comes to pushing his MLAs around. Today he put that uppity cabinet minister Lindsay Blackett...back in his place.

As the folks at ARC observe:

We wonder if Levant understands the implications of the word, "uppity"? We think he does and is purposely trying to inject racial politics into the discussion. Pretty shameful, but whatcha go'n a do?

I am an in an enormously good mood this morning. Instead of my normal run into work, I think I shall do cart-wheels for the whole 3 miles.

Alberta Human Rights Reform Spiked! I Was Right! I Was Gawddamn Fucking Right! And Ezra Got Stiffed In Alberta!!!

From the mouth Of The Ez Himself. Alberta Premier Ed Stelmach has pulled the plug on Culture Minister Lindsay Blackett's Human Rights reform:

Ed Stelmach, Alberta's weak premier, shows he's still strong when it comes to pushing his MLAs around. Today he put that uppity cabinet minister Lindsay Blackett...back in his place.

...specifically, the repeal of section 3 (the Alberta analogue of Section 13) is OFF THE TABLE!!!

I've been saying that these reforms were stalled for months now and, holy shit!, I didn't even believe it myself at times. But today I can Lord It Over the Alberta MSM and feel totally justified. I got the Alberta zeitgeist pegged better than the Calgary Herald. My glory approaches transfinite levels! Gay rights get added to the act explicitly, and Section 3 doesn't get touched!

And, yo Speechy's, you guys are a bunch of fucking total luzers! All you're doing now is paying Ezra's bills. He can't even advance his Speechy crusade in a conservative province with a conservative majority. Like he couldn't float a Conservative magazine in the same place! When you read his latest post you can taste the flop-sweat in his very choice of fonts. Gawd you Speechy people fucking fail, fail epically, fail utterly, fail fail fail fail!!!!!!

Booyah!! Booyah!!

PS. Thanks go out to the Aryan Guard. Couldn't have done it without you guys!

Possibly As Early As This Spring?

Culture Minister Lindsay Blackett says he wants to include sexual orientation in Alberta’s human-rights law, possibly as early as this spring.

Blackett said he also wants to, as part of the same legal reform package, strip the Alberta Human Rights Commission of the power to adjudicate cases involving hate crimes and free speech, adding that those matters are better handled by the hate laws in the Criminal Code.

I may be proven a fool in a week or two, but Lindsay Blackett's dance around his "reform package" re the Alberta Human Rights Code--including the repeal of Section 3--seems to be a gradual backing away from action. We've gone from preparing to prepare to discuss the package in caucus, to preparing to vote on the reforms in caucus, to deferring the pre-debate discussion, to hinting at a deferral in the package itself.

Quite a statement if Ezra can't even get a reform package passed in his home province (by a Majority Conservative Legislature!).

A Year Later, And Their Numbers Have Doubled

From March 2008:

Approximately 25 Aryan Guard members gathered at the Franklin LRT station, rode the C-Train to downtown and started making their way down to the Mewata Armoury...

This year the number is estimated at 60.

Meanwhile, the Alberta government's attempts to gut its own human rights code while allowing parents to pull their children from science class proceeds apace.

Update: Rick Bell, who has been cheerleading these "fixes" in the pages of the Calgary Herald, took a placard to the head at yesterday's demonstration.

Dear Mr. Lindsay Blackett,,,

Before you weaken Alberta's hate speech laws, please make note of how many times the province is mentioned in this story.