R FROM THE EDITOR Volume 65 I 1 Victories for free speech

questioned about his journalism. remain in place. Ultimately, and luckily for Steyn, Even as we celebrate the defeat of the tribunal decided he was in the Nicola Roxon’s anti-discrimination JAMES PATERSON Editor clear, although not without several laws, which would have gone much parting shots at his article. Another further than Canada’s legislation, journalist, magazine publisher and there remain important lessons for anada’s successful effort TV-host , was subject to Australia from Canada’s experience. to repeal laws that curtail similar investigation which also ended Section 18c, the law used against without official censure. Both cases Andrew Bolt, was an amendment to demonstrates that restoring attracted considerable media attention the Racial Discrimination Act moved Cfree speech is possible, but far and debate, and contributed to the by the Keating government in 1995. from guaranteed. It’s taken their collapse of public support for the At the time it was opposed by the Conservative government six years law. Conservative organisations and Liberal and National parties. Yet to take action on an unpopular law some media outlets have campaigned upon their election to government which clearly limits free expression. against the law. Also unhelpful to in 1996 they did nothing to rectify Section 13 of the Canadian supporters of section 13 was the the law. The 2011 case against Bolt Human Rights Act was introduced revelation that a former employee has served as a catalyst for public in 1977. It prohibited acts which are of the Canadian Human Rights concern in much the same way the ‘likely to expose a person or persons Commission was himself responsible cases against Steyn and Levant did in to hatred or contempt’ on the basis for a considerable portion of the Canada. Encouragingly, opposition of their race or religion. The law was complaints under the law. leader Tony Abbott has promised later amended to specifically include But despite the election of that if elected, his government will material published on the internet. the Conservative government of repeal section 18c to ensure that no It is replicated across Canada at the in 2006, it was one is hauled before the courts again provincial level. And it is enforced not until 2012 that a bill to fix the for simply expressing an opinion. by Canada’s extensive network of law was introduced. Even then, it It remains to be seen, however, human rights commissions. was not part of the government’s how much of a priority this will be In 2008 these laws were most official legislative agenda, but rather for an incoming Abbott government, famously used against columnist the pet-project of a Conservative or what it will do if the repeal is . Steyn’s column for backbencher. Eventually, with the blocked by the Senate. It’s also not yet Maclean’s magazine had raised support of the government, the clear what the new government will the ire of the Canadian Islamic repeal of section 13 passed Canada’s do with Australia’s Human Rights Congress, who argued it was House of Commons in June 2012. Commission, which aggressively offensive to Muslims. Steyn’s article While this is a significant lobbied in favour of Roxon’s anti- was in fact an excerpt from his best- victory for free speech, there are free speech bill, and routinely selling book, America Alone, and three important caveats. Firstly, fails to defend the human right of concerned the global ambitions of even though the Conservative party freedom of speech. And like Canada’s radical Islamists. Complaints were has a majority in the Senate, it has provinces, all Australian states have made to the Canadian, Ontario and not yet found the votes to pass the passed similar laws which threaten British Columbia human rights repeal through the upper chamber. free speech, and no state government commissions. The complaints were Secondly, despite supporting this has demonstrated any willingness to not taken up by the Ontario or effort, Harper’s government has address this. Canadian commissions, but the simultaneously expanded the budget Supporters of free speech must commission in British Columbia of its human rights commission—the remain vigilant if we are to capitalise thought the column was worthy of very agency responsible for enforcing on recent victories. The rollback of investigation. And so, over five days these anti-free speech laws. And laws which restrict our freedoms is in June 2008, Mark Steyn was hauled thirdly, the web of complementary far from assured. before human rights bureaucrats and laws at the state level look set to Email: [email protected] R

MAY 2013 | IPA Review 1