By George Jonas
Canada’s commissars for “human rights” are making the
front pages again, this time by offering to balance “conflicting human rights.”
At least, that’s what they’re selling, and some headline writers are buying it.
The National Post headline that went
with Sarah Boesveld’s report last Saturday, for instance, read: “Gender vs.
religion: Woman refused haircut by Muslim barber highlights problem of
colliding rights.”
No, it doesn’t, actually. What it highlights is the
coercive state’s ongoing attempt to deny the human rights it constitutionally
guarantees, if they conflict with human ambitions it promotes or protects: In
this instance, some matriarchal quest to empower women to have their hair cut
by men of their choice, whether they like it or not.
The case itself is too silly for words. Unless there’s
an Alice-in-Wonderland edition, the Charter’s guarantee of gender equality
doesn’t authorize women to conscript barbers as their hairdressers. For barbers
who refuse, invoking religion is, to put it mildly, overkill. “Sorry, I don’t
do ladies’ hair” is all that need be said by anyone who finds it more congenial
or lucrative to shave male customers.
For matriarchy’s martinets, however, hauling a citizen
into an office on a frivolous complaint is all in a day’s work. Even if it goes
no further, for the state to compel attendance in a matter so far beyond its
competence — hair salons aren’t unisex by law, are they? — is scandalous. It
calls for an apology and full restitution of the barber’s legal expenses.
What we need to understand is that the so-called
“human-rights” industry, the provincial and federal human rights commissions
(HRCs), do not protect human rights. The Canadian Charter of Rights and
Freedoms protects human rights (grudgingly, up to a point), and in free
societies, so do judicial traditions and case law. Juries, tribunals and
certain customs (e.g., “a man’s home is his castle”) may protect human rights
at times; so do occasional manifestations of common sense. What the HRCs
protect (sorry for sounding like a broken record) is selected human ambitions
and government policies supporting them, against human rights.
I repeat: against. Not for. Human rights commissions
are the state’s antibodies for the suppression of human rights. HRCs are to
human rights what the Ministry of Love in George Orwell’s Nineteen Eighty-Four
was to love.
Offering me a job is your human right, but having me
accept it is only your human ambition. Saying yes or no to your offer is my
human right, not because of my gender or religion but because in a free market
it’s my call. If the state interferes with the precedence of a right over an
ambition for whatever reason of social policy, including a noble reason, the
country is no longer free. Protecting and promoting ambitions against rights
leads to an autocratic, coercive, statist society.
Canada’s Charter of Rights and Freedoms (1982) came
into being to guarantee what Canada’s human rights commissions (1977) had been
designed to limit: free speech, press, conscience, opinion and economic
intercourse. Together, the two, Charter and human rights, symbolize the divine
omnipotence of the modern state that giveth and taketh away — whether rights
and freedoms, or crass matters such as income and capital gains.
When the social engineer or
“human-rights” commissar suppresses human rights, he
doesn’t do so because he’s an ogre, but because he’s a do-gooder. Human rights
aren’t invariably pretty. Some may protect and encourage nasty ideas and
exclusionary practices. Some may stand in the way of attractive schemes that
would improve the lot of mankind, in my opinion no less than in the opinion of
the human-rights commissar. All the same, they are human rights. As such, they
trump even the most attractive human ambitions with which they come into
conflict. But as this would interfere with the state’s social engineers; they
brought HRCs into being to insulate the state from the consequences of freedom
with a liberal (in both senses of the word) reign of terror.
Human Rights Commissions exist for the purpose of
limiting otherwise lawful conduct in the name of some higher interest or ideal.
Their beat is the ostensibly free zone where people choose their employees,
customers, associates and corporate culture; where they decide what to think or
say. The “human-rights” police control those who cannot be sued or charged
because they had done nothing illicit or actionable, but poison the workplace
environment for sensitive atheists by saying “Merry Christmas” instead of
“Happy Holidays.”
A short while ago, it looked as if Canada’s commissars
had shot themselves in the foot when, instead of bullying their usual victims,
small business- or tradesmen and such, they unwisely tangled with major media
outlets and leading commentators such as the indomitable Ezra Levant and the
dazzling Mark Steyn. In the ensuing melée, the commissars were badly mauled.
Their attempted interference with the press disturbed even some of their
backers and apologists. Many thought their days may be numbered, but then the
sun sank, daylight faded, the bats started gliding again and now Dracula is
stirring in his coffin. I suggest a stake through the heart.
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