Expect
Elmasry to get away with outrage
Rory
Leishman
The
hate-crime investigation underway by the Halton Regional Police against
Mohamed Elmasry, the president of the Canadian Islamic Congress, is
both wrong and pointless.
This
is not to suggest that Elmasry is innocent of hate-mongering. Quite to
the contrary: Nothing could be more clearly and incontrovertibly
hateful that his monstrous assertion on
the Michael Coren
television show that all Israeli citizens
over the age of 18 are fair targets for
assassination by Palestinian suicide bombers.
Granted,
Elmasry now claims that he "was presenting not his own views -- but those of a significant segment of Palestinians
under occupation." But this excuse will not wash. In an interview with
the Globe and Mail three days after the television
show, he reiterated as his own the view that all adult Israelis are
legitimate targets for death. "Israel has a
people's army and a draft," he argued,
"and therefore they should be considered legitimate targets."
Section
319 of the Criminal Code provides that every one who,
by repeated public statements, willfully promotes hatred against any
section of the public distinguished by colour, race, religion, ethnic
origin or sexual orientation is guilty of an offence punishable by up
to two years in prison. On the face of it,
the crown should have no difficulty in proving Elmasry's guilt under
this section.
Nonetheless,
Elmasry can rest easy. Section 319 includes a special provision
stipulating that a hate-propaganda charge can only proceed with the
consent of the attorney general. Given that Elmasry is the most
prominent Muslim spokesman in Canada, it's most
unlikely that the McGuinty Liberals will consent to having him
prosecuted for hate propaganda.
Evidently,
Elmasry also has nothing to fear from the Canadian Human Rights
Commission. So far our national thought police have shown no
disposition to cite him for violating the ban in section 13(1) of the
Canadian Human Rights Code on the repeated communication on television
or over the internet of "any matter that is likely to expose a person
or group of persons to hatred or contempt" by reason of that person's
or persons' "race, national or ethnic origin, colour, religion, age,
sex, sexual orientation, marital status, family status, disability or
conviction for an offence for which a pardon has been granted."
Canadians
who insist that Elmasry should be indicted for propagating hatred and
contempt for Israelis ought to ponder the implications: In the heat of
debate over Palestinian terrorism, who might be charged next?
Alan
Borovoy, general counsel for the Canadian Civil Liberties Association,
cites several questionable hate-propaganda proceedings in his book The
New Anti-Liberalism. For example, in the 1980s, an Arab organization
charged a mainstream publisher with promoting hatred for Arabs by
publishing the Haz, a pro-Zionist novel by Leon Uris.
No
one has yet been convicted in a dubious hate-propaganda case, but
that's no reason for complacency. Borovoy warns: "Freedom of speech is
undermined not only by the convictions that are ultimately registered
but also by the prosecutions that are initially threatened. If we
cannot speak our minds publicly without the fear of facing a criminal
charge, we are not enjoying a meaningful freedom of speech."
Note
that Borovoy is referring only to prosecutions for so-called hate
propaganda. He agrees that anyone who crosses the line into outright
subversion or incitement to violence should be charged, prosecuted,
convicted and jailed under the pertinent provisions of the criminal
code.
What,
then, should be done about the likes of Elmasry? The best remedy lies
with decent citizens: They should unequivocally denounce his hateful
views. They should cut off relations with him. They should warn others
against him and advocate the withdrawal of all honours from him.
Stockwell
Day has done his part, by calling upon the Canadian Islamic Congress to
fire Elmasry as president. Day has also observed that many Canadians
fear "that Muslims in general accept the view that slaughtering the
innocent is acceptable. Unless this guy is unceremoniously punted out
of his position and unless there are very strong and clear statements
refuting what he says, then that fear that many Canadians have will
unfortunately grow."
Meanwhile,
the board of directors for the Canadian Islamic Congress has
unanimously refused Elmasry's resignation.
London Free Press, November 2, 2004.
Newsletter, January 2005 -Text