| Marvin Kurz is a busy lawyer. His response to a column I wrote about Ernst Zundel's deportation last week makes me suspect that whoever did the summary of my piece for him won't be getting a bonus. B'nai Brith's legal counsel must have been told that I complain about the federal government misusing -- to quote his column -- "security legislation meant to combat terrorism as a means to persecute a mere anti-Semitic hatemonger." Had Mr. Kurz read my piece himself, I expect he would have noticed that what I complain about is Canada's Immigration and Refugee Protection Act (IRPA). To underline the risk of relying on law students for summaries, I'll quote the relevant paragraph from what I wrote: "Whether [Federal Court] Judge Blais was right or wrong last week when he found Zundel a security threat isn't the important issue," I wrote. "The important issue is what's happening to the rule of law in Canada." Mr. Kurz's response -- "Many Canadians privately cheered the Federal Court's decision to finally deport notorious Holocaust denier Ernst Zundel" -- doesn't address this concern. The fact people are cheering Zundel's deportation is dandy; what's worrisome is the prospect of entering an era in which the state can detain and deport anyone it chooses by administrative fiat -- essentially without trial or defence -- to the cheers of many Canadians. Including the cheers of Mr. Kurz. People who applaud this state of affairs must believe they could never become subject to it, otherwise they'd sit on their hands. But "How could the law that caught Zundel ever affect me?" Mr. Kurz might ask. "First, I'm not a Holocaust denier. Second, I'm a Canadian citizen." Those factors assure immunity from IRPA -- today. Tomorrow, who knows. When a state can respond with administrative detention to a breach of its shibboleths, there could be any number of UN-inspired and Canadian government-endorsed shibboleths for a Jewish human rights organization or its lawyer to run afoul of. And measures a state feels entitled to employ against non-citizens may be extended to apply to citizens before long. That's how tyrannies grow. Figuring I may have insufficient regard for the pen of hatemongers as opposed to the sword of terrorists, Mr. Kurz explains that Holocaust-denying pamphleteers like Zundel aren't fleas on the body politic, but a cancer. He proceeds to argue with vigour that there's a "nexus between hate propaganda and terrorism." He's quite right, of course. In fact, the nexus goes even deeper, for it's between terrorism and ideas. Not only are acts of hate often precipitated by expressions of hate; they're precipitated by expressions of opinion, including expressions of faith and sentiment. Sometimes such expressions even masquerade as historical analysis and social science. Marxism, a creed with a clear nexus to the murder of some 80 million people in 80 years, is a good example. The problem with making a nexus to potential evil the test for administrative detention is that it exposes a society to having to incarcerate or deport Marxist scholars, religious fundamentalists, militant environmentalists, extreme nationalists, growers of marijuana, animal-rights advocates, and countless others whose ideas or sentiments have ever been linked to terrorist acts. Many societies do just that -- thereby usually inviting the very evils they hope to avoid -- but we in Canada used to pride ourselves on being among the handful of free societies that don't. Not anymore. Canada's withdrawal from the high water mark of classical liberalism is turning into a rout. The party leading the retreat continues to call itself Liberal, showing how labels can survive concepts. It's amusing, in a grim sort of way, to see Mr. Kurz write: "The Canadian government has had the wisdom to implicitly recognize the connection between hate and terror" -- after listing a litany of hate propaganda Canada's government carefully refrained from doing anything about. To cite some of Mr. Kurz's own examples: Did the Liberal government ever send a diplomatic note of dismay to Syria for producing a TV program based on a notorious anti-Semitic tract called the Protocols of the Elders of Zion? Did it ever protest Iran's TV station Sahar depicting Israelis conspiring to steal the eyes of Palestinian children? Silly questions. What Canada did was offer a handshake, via its then-Prime Minister, Jean Chretien, to Malaysian Prime Minister Mahathir Mohamad for expressing, at the APEC summit of October, 2003, essentially the same sentiments as Ernst Zundel. Dr. Mahathir told the cheering leaders of 57 Islamic nations that "today the Jews rule the world by proxy. They get others to fight and die for them." All Canada's PM, with his "implicit recognition between hate and terror," would have had to do was not shake the speaker's hand. But why should Canada's Liberal leader jeopardize his friendship with the anti-Semitic International of today, when all he needs to do is expel a moth-eaten relic of yesterday's anti-Semitism to assure his government the support of B'nai Brith and its counsel? Hello, Dr. Mahathir. Good-bye, Herr Zundel. One final note. Those who truly believe that the pen is mightier than the sword prefer to counter the pen of falsehood with the pen of truth. Those who don't, opt for the sword of expulsion. © National Post 2005 |


