All posts in Freedom of Expression

Wicked Witch war of words: ‘Has Thatcher bashing crossed a line?’ Well, er… no!

The Wicked Witch of the West from the Wizard of Oz. Below, Ezra Levant in an orange wig with a can of Orange Crush mocks Jack Layton’s funeral. RIP or give it a rest?

Oh my – quelle horreur! – naughty Britons still appalled by the depredations visited upon their country by Margaret Thatcher’s government have shocked and appalled the world by pushing “Ding Dong! The Witch is Dead!” to the top of the charts.

In case you missed it, the former British prime minister, who was in office from 1979 to 1990, died on Monday at 87. But it took until yesterday for the song from the Wizard of Oz – an apt metaphor itself for the operational side of neocon governments everywhere – to mischievously reach No. 1 on the British Broadcasting Corp.’s weekly music chart.

The right-wing media in Britain and, quite naturally, here at home in the colonies were full of opprobrium for the posthumous protest that cheekily pushed Ding Dong! to the top.

But really, given the misery the neoliberal project championed by Mrs. Thatcher and the likes of Ronald Reagan and Canada’s own Brian Mulroney has created throughout the world – consigning half the population of the planet to the status “surplus humanity” for the convenience of the 1 per cent – I’m surprised it took this long, and that the commentary has been this humourous and mild. (I mean, other than what Respect MP George Galloway had to say.)

We have a tradition – or maybe it’s a taboo – here in the West that one ought not to speak ill of the dead. But this needs to be treated with the proverbial grain of salt when it comes to politicians, even freshly dead ones, when the hagiography begins before they’re even planted in the ground.

Of course, the people penning hagiographies are bound to try to use this cultural squeamishness about speaking frankly with the goal of suppressing all criticism of the policies of the people they are deifying – as is most certainly happening now with Mrs. Thatcher and as happened last month here in Alberta upon the death of Ralph Klein.

This is especially true in the case of people like Mrs. Thatcher and Mr. Klein whose noxious neoliberal policies continue to be enthusiastically proselytized by politicians of the right despite their unremitting record of economic and social failure.

This, in turn, is important because, as Glenn Greenwald pointed out in the Guardian, “those gushing depictions can be quite consequential, as it was for the week-long tidal wave of unbroken reverence that was heaped on Ronald Reagan upon his death, an episode that to this day shapes how Americans view him and the political ideas he symbolized.”

So they need to be countered, and quickly – and it does no harm if this is done with a touch of humour.

Here at home, naturally, universally right-wing media coverage of this brouhaha has mostly taken on the tone of “more in sadness than in anger,” with a heaping side dish of “we just don’t do that sort of thing in Canada.”

Yet, in fact, we do. It’s just that we rarely do it when the likes of Mrs. Thatcher, Mr. Reagan or Mr. Klein pass on to whatever reward awaits them.

On the other hand, never forget, if the recently dead political figure is someone on the left, one can say pretty much whatever one feels like and not invoke the supposed taboo.

And I’m not just speaking of press coverage of the death of Hugo Chavez here – although he’s a perfectly good example of this phenomenon in the Canadian media.

Who can forget Sun News Network TV commentator Ezra Levant marking the death of NDP leader Jack Layton in 2011 by donning an orange wig and sipping Orange Crush while exchanging mocking repartee with that great public intellectual Michael Coren?

The typical tastelessness of Mr. Levant’s display notwithstanding, what he had to say about Mr. Layton is directly applicable to those on the right who today purport to be horrified by even the mildest criticism of Mrs. Thatcher’s dark history.

“At what point,” asked Mr. Levant, “does somebody say, you’re putting that body on a bloody campaign tour? At what point does someone say, how many spin doctors … are allowed to set up a funeral before we say, ‘You’re getting creepy, guy?’”

“At what point do we say … this is a macabre attempt to, I dunno, bring back some political spirit from the dead,” he went on, noting that, “if I am not sufficiently deferential … if I am not being obedient and super polite, oh, they just open the sewer pipe.”

On this, for once, I think Mr. Levant basically got the principle right.

There can be very little doubt those who support the continued neoliberal project are using the death of Mrs. Thatcher to bring back a political spirit from the dead, and using our traditions of respect for the dead to open the sewer pipes if we dare to mention the obvious.

So in response to the Edmonton Journal’s timorous headline writer, who asked, “Has Thatcher-bashing crossed a line?” the answer is, “I’m afraid not.”

Cue the music!

This post also appears on Rabble.ca.

It’s time for Ezra Levant to apologize or explain his hateful Roma commentary

Canadians struggle to cope with the offensive noise from the Sun News Network. Typical TV viewers may not appear exactly as illustrated. Below: Commentator Ezra Levant.

It’s 2013, and it’s time for Sun News Network commentator Ezra Levant to either apologize for or explain his comments on Sept. 5, 2012, about the Roma.

Now, Mr. Levant appears to be the kind of young man for whom a phrase like “never apologize, never explain,” would take on mantra-like authority. Nevertheless, it’s time, or certain conclusions about Mr. Levant’s views about the Roma people will be impossible to avoid.

More important, the same unhappy conclusions will be unavoidable in the case of the Sun News Network, which continues to employ Mr. Levant.

Gerald Caplan nicely summarized the situation up to now on his Rabble.ca blog on Christmas Eve, observing, “somehow, it’s okay to utter the most viciously racist slurs about the Roma that would be wholly unacceptable if said about any other group on earth. Ezra Levant of the Sun News Network demonstrated as much recently with an astonishing hatemongering attack on the entire Roma people.”

While Sun News Network has done its best to suppress it, the Levant clip, which has been described as “nearly nine minutes of on-air racist hate speech,” can still be heard in audio format. The Toronto Police are said to be investigating the commentary under the hate speech provisions of the Criminal Code.

For its part, Sun News Network has apologized for Mr. Levant’s hatemongering and attempted to wash his vicious screed down the corporate Memory Hole.

However, it’s hard to take the Sun News apology very seriously when it stated, “it was not the intent of Sun News, or anyone employed by Sun News, to promote negative stereotypes about the Roma people.” (Emphasis added.) They didn’t know Mr. Levant worked for them, then? They didn’t hear what he said about the Roma? Please!

So when Sun News Network says, “we regret our error in these broadcasts, and we apologize unreservedly to the Roma people and to you, our viewers,” that needs to be taken with the proverbial grain of salt by everyone concerned.

As for the perpetually loudmouthed Mr. Levant, he has uncharacteristically remained absolutely silent on this topic. Not only has he not apologized, he seems to have said nothing at all on the subject to anyone.

Now, I have to pause here to note that I do have a dog in this fight. I have been excoriated on the air by Mr. Levant for refusing to show up for a mugging on his Sun News Network program after I criticized his use on the air of a Spanish obscenity normally translated as “f**k your mother.”

In a June 26, 2012, segment of his Sun News Network program, The Source, which continues to be aired by the network via the Internet even as it seeks more generous licensing provisions from its friends in the Harper Government, Mr. Levant complained that I wouldn’t even respond to his emails.

“Now, I’ve invited Climenhaga onto this show several times,” Mr. Levant told his listeners. “He refuses to come on. I’ve sent him a list of questions, asking about his beef with me. He won’t even answer. … not even the courtesy to reply to me.” (You can listen to the entire thing here if you have a strong stomach and high resistance to boredom.)

“He’s not just a snitch and a bully, he’s awfully thin skinned too,” Mr. Levant concluded of me. “Big union boss, he can dish it out, but you can’t take it, eh?”

The title of this segment of his program was, “You want to silence me?” The implication, obviously, is that in Mr. Levant’s case that can’t be done.

So, seeing as I had Mr. Levant’s email address, courtesy of his missives to me in my role as a “big union boss” (I wish!), I wrote him and asked him if he would comment about his characterizations of the Roma people and the Sun News Network’s apology for his conduct. I even gave him a list of questions so that he would have the opportunity to ponder his replies. All the emails appear to have been received.

And you know what? Mr. Levant, this great free speaker who can’t be silenced, didn’t even give me the courtesy of a reply!

So I think we can conclude that, in fact, Mr. Levant can be silenced – although not, obviously, by decent Canadians who think he should act with some civility as well as stop hatemongering on the air.

Since he didn’t answer my questions, or even respond, I am really in no position to say what silenced the relentlessly noisy and noisome commentator, but it’s hardly beyond the realm of possibility, is it, that it was Sun News Network hoping to get the controversy to go away so it can get on with its bid for a better license and a larger reach to more Canadians to continue spreading Mr. Levant’s ugly views?

And small of me though it may be, it’s quite satisfying to see Mr. Levant revealed as a bully, thin-skinned and a hypocrite who can dish it out but can’t take it – just as I suspected.

But the bigger issue is Mr. Levant’s continued silence to all questioners about his hatemongering against the Roma.

Surely there is a line that can’t be crossed in Canadian public discourse and, unlike the case with his casual obscenities and lame banana jokes, this time Mr. Levant has crossed it.

So the time has come for him to apologize, sincerely and categorically. He can take comfort from the knowledge that a sincere apology, when you know in your heart you have gone too far, shows you as a bigger person and is good for the soul.

But if Mr. Levant will not apologize, Sun News Network needs to take more appropriate measures than a self-evidently insincere apology of its own or it will be fair for Canadians to conclude that it supports and endorses his hatemongering, and intends to continue enabling it.

In that case, we really need to ask ourselves as citizens if we ought to encourage Sun News Network’s ability to broadcast on-air racist hate speech with more generous licensing provisions.

Speak up, Mr. Levant!

This post also appears on Rabble.ca.

Apparently being Ezra Levant means never having to say you’re sorry

Sun News Network commentator Ezra Levant in a typical pose. (So typical, it’s a Sun News photo, as a matter of fact.)

As tout le monde tout le monde nervously awaits today’s U.S. election, the story generating buzz on the Canadian Interwebs is a sorry tale of a Manitoba journalist fired for annoying her local Conservative Member of Parliament.

Jill Winzoski’s particular sin in the view of the pathetic management of her erstwhile employer the Selkirk Record, as reported yesterday by journalist Michael Harris at iPolitics.ca, seems to have been asking local MP James Bezan hard questions. Apparently she missed the memo that says this is no longer permitted without career-threatening consequences. Mr. Bezan’s whinging letter about her efforts was read aloud to Ms. Winzoski by her boss as he ordered her to walk the plank.

Mr. Harris has covered this matter quite ably. His report did make me wonder, though, where those great defenders of Free Speech, like the Sun News Network’s Ezra Levant, have gone now at a moment when there is some speech to defend.

It occurred to me then I had a post about Mr. Levant languishing near the bottom of my not-actually-all-that-interesting spike that may provide some insights into that very question. Indeed, this seems like a propitious moment to brush the dust off it before it’s too late to use it, as we await the intertwined fates of President Barack Hussein Obama and Governor Willard “Mittens” Romney.

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Apparently being Ezra Levant means never having to say you’re sorry, no matter what you say or do.

Sun News Network has lately been tossing off bouquets of apologies for their far-right bloviator’s ugly attacks against whole cultural groups and obscene profanities about people he disagrees with.

But Mr. Levant himself is silent. Whatever can it mean?

Sun News Network has apologized to the Roma people, who were attacked by Mr. Levant in language reminiscent what passed for public discourse in the late 1920s and early 30s. And now they’ve even apologized to me!

In the case of Mr. Levant’s on-air remarks about the Roma community – which were broadcast on the Sun News Network on Sept. 5 and posted across Canada on all Sun newspaper sites – the Toronto Star now reports the Toronto Police Department is investigating the commentary as a possible hate crime.

According to news reports, Toronto’s Roma Community Centre believes Mr. Levant’s remarks violated Section 319(2) of the Criminal Code of Canada, which states: “Every one who, by communicating statements, other than in private conversation, willfully promotes hatred against any identifiable group is guilty” of an indictable offence or an offence punishable on summary conviction.

It would be a mistake to read too much into this, as the police are investigating a formal complaint, which one would assume is standard operating procedure any time a complaint of this nature is made.

Still, while it seems to have done little about Mr. Levant and his regular excesses, Sun News Network appears to be taking seriously the centre’s accusation this particular broadcast of his program The Source amounted to “nearly nine minutes of on-air racist hate-speech.” At any rate, it pulled the video of the broadcast from Youtube and its newspaper sites (although an audio recording can be heard here) and read an apology on the air.

“We have completed a review of the material and we agree that this content was inappropriate and should not have gone to air,” Sun News Network said it part in its on-air apology. “It was not the intent of Sun News, or anyone employed by Sun News, to promote negative stereotypes about the Roma people. We regret our error in these broadcasts, and we apologize unreservedly to the Roma people and to you, our viewers.” (Emphasis added.)

Of course, the statement that no one at Sun News Network intended to promote negative stereotypes of the Roma is pretty hard to swallow when their commentator described the Roma as “gypsies, a culture synonymous with swindlers” and claimed that “one of the central characteristics of that culture is that their chief economy is theft and begging.”

Sounds like an attempt to promote a negative stereotype to me!

But then, Sun News Network apologies often have this quality of not quite being in tune with reality, or at least the gravity of the situation.

Speaking of which, alert readers will recall my own disagreement with Sun News Network over Mr. Levant’s frequent use on numerous occasions in a couple of broadcasts of a Spanish phrase normally translated as “f**k your mother” to abuse people he disagreed with. When I complained to the Canadian Broadcast Standards Council, an apparently toothless industry self-regulating group, Mr. Levant directed the same charming epithet at me.

Recently, however, I received a letter from the legal counsel for Sun News Network that provided me with the text of an apology read on the air back on Sept. 17 for Mr. Levant’s use of the phrase on the air on June 12, 2012.

This apology, as previously reported, said in part: “Earlier this summer and last spring, our program The Source broadcast several episodes in which the Spanish phrase ‘Chinga tu madre’ was used. … Sun News and the Canadian Broadcast Standards Council received many complaints about our use of the phrase, which has a well-known vulgar meaning. We have listened to those complaints. We understand and accept that it was inappropriate to air that phrase at that time of day and without a viewer warning about vulgar content that might be offensive to some viewers. Sun News does not accept any restriction on our right to use sharp or hard-hitting language as part of our editorial commentary… .” (Emphasis added.)

From this, it has been argued here, it is fair to conclude that Sun News Network admitted to doing no wrong in its statements, reserves the right to use such language in the future, asserts its right to ignore regulations that apply to other broadcasters, and disdains the authority of any body that attempts to regulate the use of the public airwaves.

Interestingly, the recent letter from the network’s legal counsel said in addition that Sun News concedes “the opening monologue on that date used inappropriately vulgar language and that it was an error of judgment to permit the segment to go to air.”

However, as appears to be typical of Sun News Network, the letter argues that nothing more needs to be done now that it has apologized and further that my complaint Mr. Levant’s vilification of me on the air was justified since I had publicly identified myself as someone who had complained to the CBSC about their commentator’s on-air obscenities.

“Sun News acknowledges and respects the CBSC’s prohibition on publicly naming CBSC complainants,” the network’s legal counsel argued. “But Sun News submits that that prohibition does not and should not apply in a case such as this, where the complainant voluntarily identifies himself to the general public. Under the circumstances, Sun New submits that this aspect of Mr. Climenhaga’s complaint should be dismissed.”

“Having said that,” the letter concludes, “Sun News wishes to reaffirm that it accepts and agrees that the use of the phrase to which Mr. Climenhaga initially objected, without a viewer warning, was inappropriate.”

The one thing is missing in all this orgy of regrets, however, is any suggestion that Mr. Levant himself thinks he has anything to apologize for.

He has never responded to my three requests for his views on this matter, or his thoughts on Sun News Network’s apparent lack of support for his commentary.

This post also appears on Rabble.ca.

Anonymous comments? Dean Del Mastro’s right: there oughtta be a law!

A young member of the Tory Online Rage Machine (TORM) composes a mean Tweet using talking points from Prime Minister Stephen Harper’s office. TORM operatives may not appear exactly as illustrated. Below: The unfortunate Dean Del Mastro.

It’s hard not to feel a pang of sympathy for Dean Del Mastro, the Conservative MP for the Ontario riding of Peterborough, who informed us the other day that there oughtta be a law about anonymous comments on the Internet.

Who among us hasn’t felt the sting of the Anonymous Brigade on Twitter, Facebook and in the comments sections of myriad blogs and online newspapers? Just try to “censor” some Sun News Network bloviator’s on-air ejaculations and watch what happens to your blog’s comments section!

“One of the best ways to end on-line and electronic bullying, libel and slander would be to force people posting hurtful comments to properly identify themselves,” Mr. Del Mastro (or some anonymous political sluggo toiling away in his constituency office) wrote last week on his Facebook account.

“This morning I read comments on a news story posted on an electronic news publication, many of them could only be described as hateful rants. The common denominator is that none of them identified the person that wrote them; this strikes me as something that Parliament should address,” said Mr. Del Mastro, who according to his official webpage “will be fully exonerated.” (What that’s all about, Mr. Del Mastro explained on his MP page, is that Elections Canada is just following up “on false complaints from a disgruntled former supplier who sued me unsuccessfully.” So, enough said about that, anonymously or otherwise.)

Well, I for one kind of agree with Mr. Del Mastro’s views on Internet anonymity, although it prompted a storm of snotty 140 character protests, many of them sorta, semi, somewhat anonymous. At least, I agree that it would be a better world in most ways if we would all just identify ourselves with our actual names when we wanted to say something rude about a powerful politician, businessman or corporation.

But then, we might want to amend some provincial Defamation Acts, like the ones in 10 of our provinces, so that Canadians actually enjoyed their Charter guarantee of free expression without the risk of SLAPP suits by powerful individuals and corporations with extremely well-financed chips on their metaphorical shoulders.

And even so, would be pretty hard to enforce given the ease with which false identities, fake identities, satirical identities and multiple online personalities can be ginned up on the Internet nowadays – a capability for which, as fans of the market like Mr. Del Mastro would have to admit, there’s a market.

But what really got me wondering about Mr. Del Mastro’s commentary was whether he cleared it through the Prime Minister’s Office. I mean, isn’t Stephen Harper’s PMO the sinister agency pulling the strings attached to what has come to be known (here, anyway) as the Tory Online Rage Machine?

And doesn’t the TORM, more to the point, depend on the anonymity of its legion of identities to be effective – if only because on most nights the vast majority of its thousands of defamatory, offensive and often profane observations are composed by the same five or six pimply faced adolescent Conservative Party operatives sitting in their underwear at their computers in their basement bedrooms in their moms’ houses?

You know, the kind of anonymous heroes who labelled the late Jack Layton “Taliban Jack” for having the temerity to suggest that the so-called NATO coalition should open lines of communication with the Taliban, something that the Conservative government of the day rejected as unconscionable although the same Conservative government is prepared to consider it.

Mr. Layton has passed on, but those of us who admired him are still waiting for the apology.

Who can forget the famous Craigslist advertisement a few weeks before the last federal election from “a social media organization working for a political organization” looking for “a team of writers who will post to newspaper comments, media forums, FB pages, etc. We are NOT officially affiliated with the Harper campaign.” (The italics are mine.)

“Your writing must be right-wing, strong and use supplied talking points,” the ad said. “You are creating an on-line persona with a consistent tone. Ideally, you can make up facts and statistics to stir controversy. Where suited, humour, sarcasm and personal insults are welcome.”

“To apply,” continued the ad, which did not mention who would supply the talking points, “submit a 100 word post based on the headline ‘Ignatieff promises no coalition after election.’” That would be a reference to Michael Ignatieff, a now-forgotten pre-Justin-Trudeau leader of the Liberal Party of Canada.

Whatever, I think all reasonable Canadians could get behind Mr. Del Mastro’s effort to ensure these opinionated multiple personalities – who, we must remember, are NOT associated with any Harper campaigns, post or future – are required by law to identify themselves.

But will Mr. Del Mastro’s former pals and patrons in the Harper Election Machine? That remains to be seen. Don’t hold your breath.

This post also appears on Rabble.ca.

Sun News Network apologizes … sort of … while the CRTC runs and the CBSC surrenders

Intrepid CRTC investigator looks into Sun News Network’s on-air obscenities. Agents of the Canadian broadcast regulator may not be exactly as illustrated. Below: Sun News commentator Ezra Levant; Bernie M. Farber.

Canada’s broadcast regulator has dropped its investigation of foul-mouthed commentator Ezra Levant’s obscene on-air language last June after Sun News Network issued a vague apology a few days ago.

The door was opened to the Canadian Radio-television and Telecommunications Commission’s retreat from doing its job when the industry-run Canadian Broadcast Standards Council quietly shelved its objections to investigating complaints about Mr. Levant’s obscenity-laced June 13 commentary. According to the CRTC, the CBSC changed its mind because of the Sun News Network “apology” that was aired with little fanfare on Sept. 17.

Back on June 13, the CBSC issued a ruling condemning Mr. Levant for his use of the Spanish phrase “chinga to madre,” which is normally translated as “f**k your mother,” during a broadcast criticizing someone the broadcaster had taken a dislike to in December 2011. The CBSC ruling was made in response to complaints by several citizens, including the author of this blog.

The same day, Mr. Levant broadcast another episode of his program on the issue, in which he repeated the phrase numerous times, directing it at the four volunteer CBSC panelists who ruled against him, as well as Yours Truly – the only complainant willing to publicly identify himself.

Mr. Levant also referred to the CBSC panel members in that broadcast as “idiots,” “stupid,” “a group of nobodies,” a “secretive group of censors,” “a kangaroo court,” “busybodies, know-it-alls and snoops,” and “arrogant little bureaucrats.”

Interlaced among all this childish insult and profanity was a statement on the ruling that Sun News Network was required as a voluntary member of the CBSC to read on the air.

When new complaints were filed with the self-regulating industry-run CBSC about that broadcast, however, the voluntary body kicked them over to the CRTC on the grounds “the comments in question are about the CBSC and identified individuals who volunteer as our Panel members.” The CBSC said in a letter to me at the time that it found itself to be in a conflict of interest and was therefore not in a position to deal with complaints arising from the June 13 broadcast.

Since then, it appears the CRTC has done little investigating. Behind the scenes, I am guessing, the broadcast regulator’s board, which includes Conservative government appointees, was searching for a way to ditch any meaningfully official investigation of Prime Minister Stephen Harper’s favoured broadcaster as quickly as possible.

Whatever the reason, according to correspondence sent to me by the CRTC on Sept. 26, the CRTC found that as a result of Sun News Network’s Sept. 17 “apology,” the CBSC was now willing to take the investigation off its hands.

The Sun News apology, which according to the CRTC was read on the air, says in part: “Earlier this summer and last spring, our program The Source broadcast several episodes in which the Spanish phrase ‘Chinga tu madre’ was used. … Sun News and the Canadian Broadcast Standards Council received many complaints about our use of the phrase, which has a well-known vulgar meaning. We have listened to those complaints. We understand and accept that it was inappropriate to air that phrase at that time of day and without a viewer warning about vulgar content that might be offensive to some viewers. Sun News does not accept any restriction on our right to use sharp or hard-hitting language as part of our editorial commentary… .” (Emphasis added.)

From this, it is fair to conclude that Sun News Network admits to doing no wrong in its statements about the CSBC volunteer panel members, reserves the right to use such language in the future, asserts its right to ignore regulations that apply to other broadcasters, and disdains the authority of any body that attempts to regulate the use of the public airwaves.

Moreover, the statement contains the implication common to many half-hearted political apologies that the words complained of would only be offensive to some viewers, presumably not the kind of red-blooded Tim Horton’s drinkers who obsessively watch Sun News.

The semi-official state broadcaster’s only concession? They won’t do it again in prime time … without a caution, anyway.

This statement seems to have been reported only by a cable TV industry on-line newsletter, where the entire apology may be read. Complainants – this one, anyway – were not informed of Sun News Network’s plan to make a statement.

It is difficult to see how this apology solves the CBSC’s former problem with its perception of a conflict of interest, since the Sun News statement does not mention the volunteer CSBC panel members, whom Mr. Levant in effect accused of representing their employers in order to harm Sun News Network, let alone apologize to them for that outrageous inference.

Nevertheless, the CRTC said in its letter to me: “We now understand that Sun News Network has acknowledged to the CBSC the inappropriateness of the language used in several episodes of the program The Source broadcast last spring and earlier this summer and read an apology on air on Sept. 17, 2012, and that the CBSC is satisfied with the apology. Therefore, in the view of the Commission, this matter has been addressed by the CBSC with its member as is appropriate and this is not a situation in which the Commission would involve itself. Accordingly, your complaint is being returned to the CBSC for the CBSC to address.” (Emphasis added.)

As noted, it is not at all clear from this letter how the Sun News statement addresses the CBSC’s concerns. Nor is it clear what the CBSC intends to do next – strike a panel to address the complaints about the June 13 broadcast or merely drop the matter.

Meanwhile, Sun News Network concedes no ground on an additional complaint made by me about Mr. Levant’s use of multiple photos of me taken from Internet sources, including this blog and my Facebook page, in a broadcast attacking me for making my original complaint.

While I share Mr. Levant’s conviction that my views are of value to his viewers, I inferred a message of intimidation in Sun News Network’s combination of numerous photos with abusive commentary, as well as its publication of private correspondence from me to the CBSC and CRTC. It is reasonable to conclude that this was intended to have the effect of discouraging other Canadians from using the CBSC’s complaints process about Sun News.

In a July 16 letter to the CRTC, Sun News parent Quebecor Media’s senior corporate affairs vice-president responded that its use of photos and disparagement of my complaint correspondence, which had been forwarded to Sun News by the CRTC, was reasonable because I had publicly identified myself as a complainant.

“Under the circumstances, in naming the complainant in the June 13 broadcast, Sun News was simply commenting on matters that the complainant himself had already made public to a wide audience,” wrote J. Serge Sasseville, who also at that time was still arguing the other complaints about Mr. Levant’s use of the Spanish obscenity should be rejected. The letter also makes it clear that Sun News feels it is entirely justified in complying with a CBSC ruling in a manner that mocked and insulted the CBSC as long as the required words are actually read aloud. Click here to read the entire letter.

For his part, Mr. Levant has moved on to attacking an entire cultural and linguistic group in an on-air screed that the former head of the Canadian Jewish Congress called “contemptible,” “hateful” and “shocking and offensive.”

Bernie M. Farber, writing with others in the National Post, observed of Mr. Levant’s Sept. 5 commentary on the Roma people, “the Jewish community understands where such hate can lead.” Sun News Network has since removed Mr. Levant’s Sept. 5 commentary from its on-line video archive.

Mr. Levant did not respond to my queries about his Sept. 5 broadcast.

This post also appears on Rabble.ca.

Unsuccessful at the polls, Alberta market fundamentalists want the courts to impose two-tier health care

What heath care for the rest of us will look like if the market fundamentalist right’s battle for insurance companies’ “rights” ever succeeds. Below: Private health-care advocate John Carpay; Alberta Health Minister Fred Horne; Alberta Liberal Health Critic David Swann.

Not satisfied with their failure in the Alberta provincial election, market-fundamentalists here in Wild Rose Country are heading to court to try to impose the destructive private health insurance agenda they couldn’t finesse at the ballot box.

A key figure in the court challenge is John Carpay, the former Wildrose Party candidate in the Calgary-Lougheed riding who surely would have been in Alberta’s cabinet if Wildrose Leader Danielle Smith had managed to pull off her widely expected election victory on April 23.

It’s mildly ironic some of this province’s ideological right-wingers would try to impose two-tier privatized health care through the “judicial activism” their supporters routinely disparage when courts don’t rule their way, but not really much of a surprise. After all, this legal strategy comes straight out of the Tea Party playbook we’re familiar with south of the Medicine Line.

The important lesson here is not that the right never tires of trying to undermine Canada’s public health care system. That is axiomatic. Rather, it’s useful to pay attention to who is behind these efforts and consider what they would do if they ever wielded unrestrained political power.

So, as the National Post reported Tuesday, two Alberta men are asking the Alberta Court of Queen’s Bench to overturn this province’s ban on private medical insurance for essential health care, claiming the law is unconstitutional. “Both men paid thousands of dollars for surgery in the United States because the wait was too long in Alberta,” the Post said, openly putting the litigants’ spin on the story. “The province then refused to reimburse them because the procedures were available at home.”

Alert readers will hear some familiar refrains in this carefully scripted tale of woe.

The first, of course, is that the arguments being put forward reflect those made with partial success in the notorious Chaoulli Decision, in which the Supreme Court of Canada ruled that if the Quebec Government could not succeed at the impossible task of completely eliminating waiting lists, it was obligated under the Quebec Charter of Human Rights and Freedoms to allow wealthy citizens to buy private health insurance for superior services. That ruling only applies in Quebec.

Second, it has the ring of the sneaky “wait-time guarantee” proposed by Mr. Carpay’s market-fundamentalist Wildrose Party in the last provincial election. That scheme would have seen the province pay out-of-country treatment costs up to the amount covered in Alberta for those who could afford to bypass the province’s health care system.

The catch to the Wildrose plan, as was pointed out in this space during the campaign, is that the difference between public Alberta costs to be covered by medicare and private U.S. treatment costs to be borne by the patient could be literally tens or even hundreds of thousands of dollars.

The obvious intent, since nothing prevents wealthy Canadians from opting completely out of the system and going to the U.S. for private medical treatment anyway, was to establish the principle public health services should subsidize a higher for-profit treatment tier. That in turn would have paved the way for future legal challenges to allow private insurance coverage, first for services abroad and then at home.

The effect of the two-tier health care that would have resulted is well understood: longer waiting times for the rest of us who can’t afford access to the top tier and lower quality of service for the majority of patients as medical professionals defect to the private side.

It is said here this Wildrose policy and others like it were the principal reasons the party was defeated so soundly on Alberta’s election day.

Regardless, while the two litigants in this latest case are no doubt sincere in their beliefs their rights were violated, it seems unlikely this is merely case of a couple of fellows concerned about their notion of constitutional rights.

Rather, they have the backing of a group founded and led by Mr. Carpay called the Justice Centre for Constitutional Freedoms, which describes itself as a defender of freedom of speech, religion, association and “other individual rights.” The JCCF also stands for “constitutionally limited government,” its website says, and provides free legal representation to individuals whose causes it takes up.

The JCCF website identifies governments and “government-funded and government-created entities like Canada’s public universities, and human rights commissions at the federal and provincial levels” as among the enemies of freedom it opposes. Typically, this kind of circumlocution is code for defending attacks on gay rights and women’s right to reproductive choice.

In other words, the JCCF is another deceptively named right-wing front group dedicated to advancing social conservative and market fundamentalist goals under cover of protecting freedom.

So it should come as no surprise that the group brags on its website it intends to use this case “to extend the Supreme Court of Canada ruling in Chaoulli v. Quebec to Alberta,” although the situations in the two provinces are not analogous.

Who foots the bill for these legal campaigns? Well, that’s not immediately clear. The JCCF, which enjoys charitable status under Canadian tax laws although its activities can be fairly described as thoroughly political, says its efforts are “funded entirely by the voluntary donations of freedom-minded Canadians.” But you can bet on it that this includes the usual collection of well-heeled individuals, corporations and foundations that bankroll the noble-sounding right-wing agitation groups that are as ubiquitous as lint in Prime Minister Stephen Harper’s Canada.

Mr. Carpay himself, a Calgary lawyer, has a history of association with such groups, including stints as a director of the Canadian Taxpayers Federation and involvement in the Fraser Institute. In 1994, he penned a National Post article that assailed then-premier Ralph Klein for not using the Constitution’s Notwithstanding Clause to block the Supreme Court decision forcing Alberta to protect homosexuals from discrimination.

As Alberta Health Minister Fred Horne told the Post: “What we’re hearing from Mr. Carpay is consistent with the leader of the party he ran for, the Wildrose Party, in the last election in his desire for an increase of privatization of the publicly funded system.”

Alberta Liberal Health Critic Dr. David Swann called Mr. Carpay the Wildrose standard-bearer for health care and accused party supporters of “trying to use the courts to dismantle the public health care system” to support “the narrow interests of for-profit health companies.”

Both assessments are bang on.

This post also appears on Rabble.ca.

Question for regulators: Can Sun News Network be trusted to keep inconvenient agreements?

Promises, promises: It’s not a musical, and it’s not funny. What confidence can Canadian broadcast regulators have that Sun News Network will abide by the agreements it makes? Below: Broadcaster Ezra Levant.

Whatever one may think of the value of obscenity to public discourse, the debate over the use on the air of an obscene Spanish phrase by Sun News Network commentator Ezra Levant established an unrelated but important fact about the broadcaster that employs him.

Sun News Network cannot be depended on to keep all its agreements.

This is an important consideration for Canadian broadcast regulators because Sun News Network is sure to be back at the well seeking improvements, extensions and changes to its licence.

As is normally the case in such matters, as the steward of a resource owned by all Canadians, the Canadian government or its agency the Canadian Radio-television and Telecommunications Commission may ask Sun News Network for certain undertakings in return for the privileges it wishes granted. This is, after all, the nature of negotiating an agreement.

But as we can clearly see from Sun News Network’s pivotal role in the “Chinga Tu Madre Affair” – which is about more than merely a childish outburst by a foul-mouthed broadcaster – undertakings of this nature don’t appear to mean much to Sun News Network.

This should concern the CRTC, and it will certainly be of interest to Canadians opposed to any future Sun News Network applications for whatever reasons – be they other broadcasters, opponents of the company’s highly biased far-right “news” coverage or even wild-eyed radicals bent on “censoring” Mr. Levant’s desire to inappropriately criticize people he disagrees with under cover of the Canadian Constitution.

It will also be of interest to garden variety Members of Parliament, including many Conservatives, who presumably unlike Mr. Levant’s close friends at the heart of Prime Minister Stephen Harper’s inner circle, share their constituents’ attitudes about the kind of discourse that is appropriate on Canadian public broadcasts.

Sun News Network itself appears to have been essentially silent on this matter, ceding the ground to Mr. Levant as its employee and de facto spokesperson.

For his part, Mr. Levant dealt with this question in one of his broadcasts and his conclusions are not promising from the point of view of a regulator or a government that wishes assurances agreements it makes with private corporations will be honoured.

As is well known by those who have been following this imbroglio, on June 13 a broadcast industry self-regulation agency called the Canadian Broadcast Standards Council ruled against Sun News Network for Mr. Levant’s use of an obscenity in what the CBSC referred to an on-air “tirade” in December 2011.

Mr. Levant responded the same day by reading the required CBSC statement rolled into a bombastic and immature attack on virtually everyone publicly identified as being involved in the complaint or the CBSC ruling. He closed the episode of his program by repeating the phrase originally complained of.

During his long polemic, Mr. Levant stated of the CBSC:

“On paper, they’re a private voluntary club. No TV or radio stations have to join them or submit to them. That’s the theory. But in practice, they do have the power of the state behind them, because in order to get a license, a TV license, from the Government of Canada, we’re required to join this ‘voluntary’ organization. Paragraph 6 of our TV license requires it. Talk about Orwellian. Did you get that? It’s a ‘voluntary’ organization. You’re forced to join by the government. …” (Emphasis added.)

In other words, by the sound of it, Sun News Network regretted the agreement it had made, and therefore decided simply to ignore it.

Well, they wouldn’t be the first to do something like that, would they? This is a bit like someone saying: “…in order to get a license, a marriage license, from a government in Canada, you’re required to join this ‘voluntary’ partnership!” Yes indeed, talk about Orwellian! And how inconvenient!

Returning to Mr. Levant, in the background of the TV station’s news set as he carried on a passage from a document appeared. It read: “The commission notes that the applicant stated that it would accept the standard conditions of licence for competitive mainstream national news services set out in Broadcasting Regulatory Policy 2009-562-1 including the conditions requiring a licensee to adhere to various industry codes relating to broadcast standards. The commission also notes that the applicant will be subject to various industry codes, including the RTDNA Code of Journalistic Ethics and the Journalistic Independence Code, as a member of the Canadian Broadcast Standards Council.”

So there you go. As Mr. Levant himself conceded, Sun News Network agreed with the CRTC that it would abide by certain conditions in order to get its licence, then ignored those conditions when it became inconvenient.

Doubtless every one of us has made a deal that, upon consideration, we wish we hadn’t. But honour, if not contract law, requires us to abide by these agreements.

Buy something you don’t like? You still have to pay. Marry someone you regret? You still ought to behave yourself, at least until the divorce. Sign a collective agreement you can’t stand? You nevertheless must live with the management-rights clause.

And thus do broadcasters sometimes agree to live by rules of conduct they may wish they didn’t have to in order to get their license. Saw offs are how deals get done – you give up a little, I give up a little and we both get a bargain we can live with. That’s why it’s called bargaining.

Society’s view of people who don’t keep their bargains is a low one, and rightfully so. It’s all about integrity.

What confidence can Canadians now have that Sun News Network will abide by the agreements it makes?

This post also appears on Rabble.ca.

Can one old man with a typewriter really have Fox News North on the ropes?

The Source, With David Climenhaga: Here I am on the set of my new Fox News North TV show with two polite young people from the Progressive Conservative and Wildrose parties to whom I’m about to be rude. Below: Sun News Network commentator Ezra Levant; Senator Patrick Brazeau.

Sun News Network commentator Ezra Levant is spending so much time complaining about me on national television these days they ought to call his show The Source, with David Climenhaga.

If this keeps up it’ll go to my head!

Apparently all on my own I pose an existential threat to the mighty Sun News Network, Prime Minister Stephen Harper’s semi-official and ideologically perfect state broadcaster, because … what? … I think they ought to live up to certain minimal standards of decorum that they agreed upon to get their license seeing as we collectively own the airwaves from which they’re profiting.

At any rate, according to Mr. Levant, I’m a bad person because I want to restrict his fundamental Charter-protected right to say “f**k your mother” to anyone he pleases over the public airwaves and otherwise abuse people he disagrees with in the coarsest terms.

Well, excuse me!

On Monday night Mr. Levant devoted interminable minutes on his national TV program to assailing me for complaining to the toothless Canadian Broadcast Standards Council about his potty mouth, which he has elevated to a question of Great Constitutional Principle.

In the process, Mr. Levant posted about a dozen photos of me (all but one of them nice ones, thanks very much) that he apparently found on the Internet. Most of them came from my Facebook page by the look of it, posted there in moments of vanity that I have succumbed to over the years. This is an important point, which I will return to in a moment.

But Mr. Levant, who calls himself a journalist and repeatedly knocks me for not living up to journalistic standards, whatever they are, doesn’t seem to do so well in that department himself.

In his first broadside against me, on June 13, he accused me of being a propagandist for the Alberta Federation of Labour. To borrow a phrase that would have been familiar to the late U.S. Senator Joseph McCarthy, beloved icon of the Canadian right, “I am not now nor have I ever been an employee of the Alberta Federation of Labour.”

On Monday, Sun News Network – which boasts that it offers “straight talk” and “hard news” – said I was the Director of the Alberta Union of Public Employees. Never mind that there is no Alberta Union of Public Employees, that the Alberta Union of Provincial Employees has no employee with the title of director, and that I haven’t worked at AUPE for more than a year. In addition, Mr. Levant promoted me to the rank of “union boss” – I only wish!

Well, I do work somewhere. I’ll leave it to Sun News Network’s team of crack researchers to figure out where. Third time’s the charm!

As for my need to adhere to journalistic principles, seeing as I’m a former journalist, a point Mr. Levant keeps harping on for some reason, arguably I do observe them. Leastways, it would be completely reasonable to say I do a better job at being fair to the people I criticize than Mr. Levant does. Unlike him, I do not constantly claim to be a journalist. (By the way, I am a former Baptist too. Am I obligated to promote Baptist doctrine on my blog as well, I wonder?)

On the contrary, I am one opinionated 60-year-old guy with a one of those electronic typewriter-computational-gizmos and a personal blog that’s read by a few thousand people. I left journalism when I left the Calgary Herald – from which I was not fired, by the way, notwithstanding Mr. Levant’s on-air claim that I was. The point of this blog is to express my own views, and it’s a great joy to me that so many people seem to agree with them and enjoy reading my posts.

Another of Mr. Levant’s knocks against me is that I wouldn’t appear on his program to argue with him, and that – imagine this! – I complained to the Broadcast Standards Council about his appalling language instead of taking it up personally with him. From this he concludes that I don’t believe in debate.

Oh, give me a break! I think it is quite fair to say that Mr. Levant’s on-air style is that of a bully and a boor. This is apparent to anyone with time to waste watching his program. His disgraceful on-air treatment of CBSC panel member Troy Reeb on Monday night is an excellent example.

Good for Mr. Reeb for trying to make his points in the face of Mr. Levant’s constant interruptions and vituperation, but why would I subject myself to this when I am guaranteed to lose the argument because Mr. Levant controls the levers and gets to edit the tapes?

Mr. Levant’s on-line supporters, of whom there are several, may accuse me of cowardice, but I can assure you I am not going to lend my time or credibility to this on-air bully’s histrionics.

Speaking of those supporters, here is the sort of thing they have to say. This anonymous comment appeared on my blog yesterday: “You have a problem with Ezra, deal with him directly. Quit acting like a little pansy and running off to Daddy to deal with your issues. Some journalist you are. Maybe if you had been in a fist fight or two growing up you wouldn’t be such a eunuch now.”

Actually, I am a third-degree black belt in Uechi-ryu karate and I have been in a fistfight or two – although it fair to say that, possibly like the apparently typically foul-mouthed Tory, Senator Patrick Brazeau, I have lost more than I have won.

While they add a few flourishes, this writer’s points reflect Mr. Levant’s arguments.

Which brings us back to the matter of those photos. What was Sun News Network’s purpose in running so many pictures of the sole private citizen identified as standing up and criticizing Mr. Levant’s appalling commentary?

Moreover, why did Mr. Levant quote on the air from my submission to the CBSC – taking my arguments, it is said here, out of context with the effect they appeared weaker than they are? Shouldn’t a citizen who writes a letter to an organization that offers to consider and rule on complaints about broadcasters have a reasonable expectation his or her statement will not be dissected and ridiculed before a national audience by the person he or she was complaining about?

None of us can know for certain what led to these actions by Mr. Levant and Sun News Network. But it cannot be denied they have the effect of bullying citizens who dare to criticize them through the paltry mechanisms available for that purpose, and of discouraging other citizens from doing the same thing. This is another reason why regulation of this type must be handled by a public agency with enforcement powers.

Indeed, reasonable people considering making a complaint to the CBSC are now quite right to be concerned about this, given the abusive and intimidating tone typical of some of Mr. Levant’s supporters.

When Sun News Network first appeared on the scene, smiled upon by Mr. Harper and promoted by a former senior member of his political staff, Canadians were warned that it would become “Fox News North,” paid for by Canadian TV viewers. These warnings were not heeded. Arguably, though, this is exactly what has happened – except, if anything, the reference does a considerable injustice to Fox News, which is a model journalistic citizen by comparison.

All this said, the closing moments of Mr. Levant’s program had me laughing out loud, as he pleaded with his supporters to write the prime minister to demand an end to all regulation of on-air content in the name of “freedom.” I suppose a few of them may, although I suspect that writing more than 140 characters is beyond the capabilities of many.

Can it really be that one old man with a typewriter has Fox News North on the ropes?

This post also appears on Rabble.ca.

Broadcast Standards Council tosses latest Sun News Network vulgarity back to CRTC

Sun News Network commentator Ezra Levant assails your blogger for his many ideological imperfections. Great picture! …of me.

The Canadian Broadcast Standards Council has asked the federal broadcast regulator, the Canadian Radio-television and Telecommunications Commission, to investigate complaints about a June 13 broadcast by Sun News Network commentator Ezra Levant.

The CBSC said in a letter to this blogger that it will not itself investigate complaints about Sun News Network’s June 13 episode of Mr. Levant’s program The Source because “the comments in question are about the CBSC and identified individuals who volunteer as our Panel members.”

As a result, the CBSC said, it finds itself in a conflict of interest and is therefore not in a position to deal with complaints arising from the June 13 broadcast. Complaints about the broadcast will be forwarded to the CRTC, the federal agency that oversees the broadcasting and telecommunications industries, the CBSC letter said.

In normal cases, the CRTC refers complaints it receives about the content of television or radio broadcasts to the CSBC, which describes itself on its website as “an independent, non-governmental organization created by the Canadian Association of Broadcasters to administer standards established by its members, Canada’s private broadcasters.”

On June 13, Sun News Network and Mr. Levant complied with a ruling of the CBSC censuring them for using on the air in 2011 a Spanish profanity universally understood to mean “f**k your mother,” and for clearly identifying the individual at whom Mr. Levant directed this and other insults, by reading a required statement.

The ruling noted that Mr. Levant had made the following remark on the air as part of his Dec. 22, 2011, commentary about a report the Chiquita Brands food company had announced it would avoid using oil from Alberta’s bitumen sands: “Hey you. Yeah you, [name of Chiquita executive]. Chinga tu madre.” Referring to the commentary as “a tirade,” the ruling noted Mr. Levant also said “in a distinctly aggressive tone” that the Chiquita executive was a liar.

Under the terms of Sun News Network’s voluntary membership in the CBSC, the June 13 ruling required the right-wing U.S.-style broadcaster to read on the air a statement that it had breached the CAB’s Code of Ethics in the 2011 broadcast of Mr. Levant’s program. “The program contained a coarse insult directed at a specific named person,” said the statement Sun News Network was required to read. “This violated Clause 6 of the Code.”

But during the June 13 broadcast, in addition to reading the words of the statement required by the CBSC, Mr. Levant repeated the same offensive phrase several times, and harshly criticized the four members of the panel that issued the ruling. (He also criticized this blogger, who had filed one of 22 complaints about Sun News Network’s use of the phrase.)

At various times during the broadcast, Mr. Levant referred to the CBSC as “idiots,” “stupid,” “a group of nobodies,” “the secretive group of censors,” “a kangaroo court,” “busybodies, know-it-alls and snoops,” and “arrogant little bureaucrats.” During the broadcast, he also implied that federal Opposition Leader Thomas Mulcair belonged on a list of enemies of Canada.

Mr. Levant argued, moreover, that “even if I told Chiquita to ‘chinga tu madre’ every day, it’s not against the rules that the censors claim to be following.” Based on this argument, he called the statement Sun News Network was asked to read “a false confession” and “the lie they wanted me to tell.”

Mr. Levant closed his broadcast with the following words, which included a reference to the first names of each of the four panel members: “Hey censors! Yeah, you, Troy, Pip, Lea, Andree, the whole Broadcast Standards Council, Chiquita, ForestEthics. I’ve got a message for ya! ‘Chinga tu madre!’” (Andree Noel, the chair of the panel, is the national chair of the CBSC and a former Quebec regional commissioner of the CRTC.)

On June 20, a lawyer for Quebecor Media informed the CSBC and the 22 complainants in an email that “…the statement was broadcast during The Source on Wednesday, June 13, 2012 and again on Thursday, June 14, 2012. … The two broadcasts of the statement therefore met the requirements for airing the statement set out in the CBSC’s decision.” (Emphasis added.)

As leaders of an organization arguably created for the benefit of its member corporations, the officers of the CBSC must have been gobsmacked by Sun News Network’s response, which was not restricted to Mr. Levant’s remarks. The Sun News website referred to the CSBC as “a kangaroo court manned by Sun News competitors.”

It is easy to infer that the destruction of the CBSC must be Sun News Network’s goal, and it may well succeed with that part of its program.

However, as has been said in this space before, a government agency charged with enforcing broadcast standards is a more appropriate venue for examining questions of this nature than a toothless voluntary organization that, it can be persuasively argued, exists principally to inoculate its members against the possibility of actual regulation being enforced in the interests of Canadians, who own the airwaves from which its member companies generate handsome profits.

But it is not clear if the CRTC today has the will, the regulatory tools or the internal mechanisms to deal with complaints of this nature, a situation that would effectively leave the public’s airwaves in the hands of completely unregulated and clearly irresponsible corporations with an extremist political agenda.

So it needs to be repeated that the line that connects Prime Minister Stephen Harper and his market-fundamentalist Conservative Party of Canada to the foul-mouthed hyper-partisanship of the Sun News Network and its offensive commentators is short and direct, and that they act in the service of common goals.

This post also appears on Rabble.ca.