Showing posts with label Richard Moon. Show all posts
Showing posts with label Richard Moon. Show all posts

Monday, November 24, 2008

Moon report

The bottom line is that the Canadian Human Rights Commission's hand-picked investigator, law professor Richard Moon, is recommending repeal of s.13 of the Canadian Human Rights Act. His argument is mostly pragmatic, mostly in dialogue with the wording of past legal decisions and existing legislation and international "human rights" codes. While seeing various practical limits to existing law, the Moon report, not surprisingly, does not provide any kind of serious challenge to the reigning orthodoxies of postmodern thought, what some of us call the "human rights" world view.

While recommending repeal, Moon also recognizes that Jenniffer Lynch and the rest of the gang at the CHRC need not promote his recommendations to government, and so he has provided them with a variety of alternative arguments, such as changing s. 13 so that "hate speech" cases under the Human Rights Act will be dealt with more like criminal prosecutions, and encouraging Internet Service Providers and Press Councils to do more on their own to police and silence what they deem to be hate speech. The impracticalities of such suggestions are already being noted.

I want to finish reading the report before commenting further. Many other bloggers are already providing good first reactions to the report. If I can add anything it will be after a leisurely read and an analysis of Moon's way of thinking through the human problem of "hate" and the reasons why humans need freedom of expression.

You can find the report here (pdf), summarized by the CHRC here.

Deborah Gyapong has many useful posts up, including response from Ottawa politicians, as does Jay Currie. Looking at the impractical side of Moon's recommendations is Mark Steyn.  Meanwhile, Ezra Levant is analyzing Jennifer Lynch's response as an attempt to throw Moon's report under the bus.

Sadly for this blog, Blazing Cat Fur sees this to be a moment of apparent victory and thus time for a blogging hiatus. She has worked with amazing energy to provide us daily coverage of the "human rights" and free speech debate, often attracting the unwanted attention of disparate traders in hate and victimhood, and my best wishes go out to her.
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On the other side of this debate, Bnai Brith has issued a press release (via email):
TORONTO, November 24, 2008 – B’nai Brith Canada has reacted with mixed reviews to the release today of the Report to the Canadian Human Rights Commission Concerning Section 13 of the Canadian Human Right Act and the Regulation of Hate Speech on the Internet prepared by University of Windsor law Prof. Richard Moon.

“Doing away with section 13 of the Canadian Human Rights Act governing hate speech, a key suggestion put forth by Prof. Moon in his Report, would be a step in the wrong direction,” said Marvin Kurz, National Legal Counsel to B’nai Brith Canada. “However, we do favour in principle the type of middle approach also outlined by Moon, which opens the door to necessary reform of the Canadian Human Rights Commission.

“The Moon Report proposes amendments to both section 13 and the Criminal Code that have the potential to dramatically alter existing standards for combating hatred. A careful review of the recommendations of the Report and their potential public policy implications is essential before any action is taken.