Brian Lilley: A Victory For Free Speech That Is No Victory At All

"Being cleared by a government body is no victory for journalists or citizens concerned with free speech", Brian Lilley suggests in his article:

He’s been cleared. He’s won. Well kind of, except that in some ways Mark Steyn and Maclean’s Magazine are still losers for having been called to task to explain their writings to a government body in the first place.
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Now leaving aside whether or not Steyn is an Islamaphobe or a bigot, this ordeal is one that never should have happened. Beyond certain very strict limits, I don’t believe the government should be telling Steyn or anyone else what they can think or write. This may sound like a radical concept to some, but freedom of expression is enshrined in Canada’s 1982 Charter of Rights and Freedoms. The older, and still in effect, Bill of Rights brought in by Prime Minister Deifenbaker spells it out clearly; freedom of speech and freedom of the press are protected in Canada. Having a government approve or disapprove of what you say should not happen. Should there be limits to free speech? Limited limits, yes, such as libel. You may be free to say I’m a murderer without evidence, but I am free to sue you in court and prove otherwise, even collect damages.

I’ve heard from plenty of my colleagues in the media that they believe the system worked; Steyn and Macleans have been found innocent of all claims, they suffered no harm. Wrong. The process is the punishment in this ordeal. In a society where free speech and a free press is protected, no one should fear a government agency investigating your thoughts and words to see if they are approved.

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Of course it's great that Mark Steyn has been acquitted. But there's still a matter of 2 years of legal turmoil and over $100,000 in legal fees, for which he'll receive no compensation. That alone may become a deterrent for anyone who doesn't agree with the "mainstream" opinion, but doesn't have the courage (let alone - money) to go through such an ordeal.

The real victory would be repealing section 13.1 of the "human rights" act and dismantling the Orwellian tribunals, so that human rights disputes get settled in the court of law. That unfortunately will take years to accomplish.