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History, News

Israel at War

Once again the Middle East is in flames. The incalculable human misery that is graphically portrayed in the media cannot leave one unaffected. The terrorists’ abuse and massacre of unsuspecting Israeli civilians on October 7, 2023 was horrific and of unprecedented barbarity. When Israel responded, Palestinian families have seen their homes and possessions disappear in rubble and dust as bombs fell on Gaza.

The ongoing conflict between Israel and the Palestinians seems intractable and without any solution. The war is also being fought through the media. Both true facts and lies are vying for a hearing. Winston Churchill is said to have once quipped: “A lie gets halfway around the world before the truth has a chance to get its pants on.” Well, that may be the case, but an effort should at least be made, even within the confines of an article, to separate some facts from fiction.

Some key facts

Although present day Israel has no biblical right to the land (see “Is the State of Israel a fulfillment of biblical prophecy?” at ReformedPerspective.ca/Israel), yet Israel has every legal right to be there as a nation according to international law.

Here are some key facts. In 1947, the United Nations (UN) voted to partition Palestine into two states when the British Mandate authorized by the League of Nations would come to an end in the following year. One state was to be for the Jews and the other for the Palestinian Arabs. Jerusalem and Bethlehem were to be in an international zone.

When Britain withdrew, Israel declared its independence and occupied the land designated to it by the UN. However, rather than adopt the UN’s plan of two states, Arab armies from all the surrounding nations attacked Israel, determined to exterminate it. They were not successful. This was not the last time that the Arabs would try to rid the Middle East of Israel.

When Egypt, Syria, and Jordan were preparing to attack Israel again, Israel launched a pre-emptive strike in 1967. The war lasted six days and ended with Israel occupying the Sinai Peninsula, the Golan Heights, the Gaza Strip, and the West Bank. In 1973 Egypt and Syria once more attacked Israel, with Israel once again prevailing. Eventually, Egypt under Anwar Sadat recognized Israel in 1978, and for his trouble, he was assassinated by Arab extremists in 1981. King Hussein of Jordan, the United Arab Emirates, and Bahrain have also made peace with Israel. Morocco has diplomatic relations with Israel. The refusal of other Arab nations to recognize the State of Israel has continued up to today. This refusal, especially as demonstrated by Hamas, has been the key obstacle to peace in the region.

Arab grievances

Many grievances fuel the hatred for Israel and the determination to wipe the country off the map. A common charge against Israel is that the Jews displaced Palestinians who had been living in the Holy Land for centuries. A little history lesson is needed to answer this accusation.

Prior to the massive immigration of European Jews to Palestine in the late 19th century, the land, which is now the land of Israel, was mostly barren and under-populated. An 1857 report from the British consul in Jerusalem reported that the country needed more people. As time went on, further reports noted that the area was becoming depopulated, villages were abandoned, and land was going out of cultivation. All this is credible information because living in that area at the time was extremely harsh. Infant mortality was high, life expectancy short, and water scarce. People were not moving in but out. When Jews started coming in, they bought land usually from absentee landowners, and over time dramatically improved the living conditions. By the mid-1890’s the Jewish presence was important and by 1947 they formed a majority in the territory that became Israel. Because the Jews prospered, Arabs moved in to share in their prosperity and the improved health care.

It is a myth that European Jews displaced a large, stable, long-term Muslim Arab population that had lived in that part of the Middle East for centuries. There has never been a Palestinian people as a separate ethnic and national entity. Technically speaking there is no such thing as the Palestinian people since there has never been a Palestinian State, that is, an Arab state in what is now Israel. Many of the people who call themselves Palestinians today are descendants of the relatively recent economic immigrants mentioned above.

Because of the growing number of Jews who legally owned the land they lived on, the territory at the eastern end of the Mediterranean, historically known as the land of Canaan, became in essence a homeland for persecuted Jews. This development eventually led to the formation of the State of Israel in 1948. Israel has the full political right to be a nation in the Middle East, occupying the land that their ancestors have lived in for thousands of years. Israelites and their descendants have been dwelling continuously in the land since the days of Moses.

With the establishment of the State of Israel, the Jews had encouraged the Arabs to stay and build the country with them. However, the Palestinian Arabs were advised by the surrounding Arab nations to leave Palestine and that after the war (1948) and the anticipated defeat of the Jews, they could return. Israel, however, won the war and 700,000 Arabs who had left Israel were homeless. Here are the makings of the refugee problem.

Meanwhile, the Arabs who had stayed in Israel were relatively well off and shared in the general prosperity of Israel. They still have their own representatives in Parliament, and enjoy freedom of the press and religion. Arabic is also an officially recognized language. As a minority within a Jewish state, they undoubtedly have their own special difficulties and hardships. However, in the past wars, they have shown solidarity with the Israelis.1

Another Arab grievance with more validity is that Israel continues to build settlements in the West Bank, which is not part of Israel according to the 1947 UN partition plan. Arabs living in the West Bank are understandably upset by the establishment of Jewish settlements in the region and the gradual encroachment of more and more settlements into what they regard as their territory. Israel is therefore accused of being an expansionary colonial power. Even prominent Israelis and some of the most ardent supporters of Israel like Alan Dershowitz oppose these settlements.

But, for context, a couple of things should also be noted. From Israel’s government’s point of view, their occupation of the West Bank is a result of their winning the 1967 war, a conflict with which Arabs had hoped to obliterate Israel. Wars have results, and who controls what changes with those results. Furthermore, Israel has shown that the matter of settlements is not a barrier to peace if Arabs would be willing to recognize Israel. When Israel made peace with Egypt in 1979, Israel removed their Sinai settlements. In 2003, Prime Minister Ariel Sharon indicated that Israel would be willing to make “painful concessions” regarding the settlements in exchange for peace and give up some of them. Under his watch, Israel left everything they owned in Gaza when 21 settlements were dismantled in 2005.  Polls have shown that the majority of those who live in these settlements are willing to abandon their homes if it means peace for Israel.2

The legality of Israel’s occupation is currently before the International Court of Justice in The Hague. The UN General Assembly had asked the court for a non-binding advisory opinion on Israel’s policies in the occupied territories. The issue is incredibly complicated. It came before the court in February (2024) but the expectation is that it will take the judges months to issue an opinion.

The refugee problem

The media have informed us at length of the tragedy of the refugee camps where Arabs who fled from Israel now live and where new generations are being raised. What is not often made clear is that Arab countries do not want the refugee problem to be solved. They want it to serve as a permanent pressure and weapon against Israel. The Arab leaders show that they do not care about the refugees by refusing to let them be permanently resettled in their own countries. Meanwhile the refugee camps continue to be breeding grounds for hate and terrorism. Here is a problem that could have been solved but the failure to do so is ultimately because Arabs refuse to recognize the legitimacy of Israel.

A resolution of the problem of the refugees has been further complicated by the emergence of The Palestine Liberation Organization (PLO) in 1964, and more recently Hamas which is even more radical in its determination to wipe Israel off the map. Hamas was founded in 1987 and took over from the PLO in about 2006, assuming control of the Gaza Strip shortly after that. It also launched the massacre of last year in southern Israel.

Because everything depends on recognizing Israel’s right to exist, the United Nations Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA) is not seeking solutions for the resettlement of the refugees as would normally be the case. Instead it is simply maintaining these refugees in the camps. According to the UNRWA the total number of refugees was about 5.6 million Palestinians in 2019, of which 1.5 million lived in camps. The numbers have continued to increase. Entire generations are being raised and educated to hate Israel.

The refusal to recognize Israel

Much could be solved if Arab leaders would have accepted a two-state solution of Israel and a Palestinian State in 1937 (the Peel Commission), 1948, and 2000. On all these occasions, Israel accepted a two-state solution, but to no avail. There was no Arab reciprocity because it would involve recognizing the legitimacy of the State of Israel. This was dramatically displayed with the Camp David peace negotiations in 2000-2001 (a result of the 1990’s Oslo Peace Accords). To everyone’s amazement and even shock, Israel’s Prime Minister Ehud Barak offered the Palestinians virtually everything they had been demanding: a state with its capital in Jerusalem, control over the Temple Mount, a return of approximately 95 percent of the West Bank and all of the Gaza Strip, and a $30 billion compensation package for the 1948 refugees. Yet Yasser Arafat rejected that historic offer. Why? Because he would have had to acknowledge the legitimacy of the State of Israel. He preferred to go to war. Suicide bombings and terrorist attacks followed. When Israel responded with force, it was blamed for overreacting and not caring about the Palestinians. Arafat and his PLO, and now Hamas, did not and do not care about the fate of the Palestinians in their camps and in Gaza. Hamas continues to use civilians as shields in their war and then blame Israel for the casualties.

After the horrid and barbaric abuse and slaughter of civilians by Hamas on October 7, 2023, Israel has responded as they have the full right to do so in self-defense. They have, however, taken extraordinary measures to safeguard civilian life in Gaza – measures unprecedented in military history according to one expert.3 But if the enemy uses civilians as a shield what can one expect but civilian deaths? One must not forget that according to the polls taken after the attack, most of the Gazan population was in favor of Hamas and its barbaric terrorism against civilians in the October 7 atrocities.4

There is also an important underlying religious dimension. Islamic fundamentalism will never recognize Israel as legitimate because according to them, territory once conquered by Islam, as the territory of Israel was once conquered, can never be relinquished. It must be retaken. The Hamas Charter (1988) states that “the land of Palestine is an Islamic Waqf consecrated for future Moslem generations until Judgment Day” (Art. 11). Hamas therefore “strives to raise the banner of Allah over every inch of Palestine” (Art. 6). Consequently, “there is no solution for the Palestinian question except through Jihad. Initiatives, proposals and international conferences are all a waste of time” (Art. 13).

Not surprisingly when Hamas terrorized southern Israel last October, they did so crying: “Allahu Akbar!” that is, “Our god is the greatest!” The hatred of Jews and their perceived illegitimacy has a long history in Islam. They regard the Jews as being under God’s curse5 and terrorists shouting “Allahu Akbar” undoubtedly think that to kill Jews is to do the will of Allah.

Where does the solution lie?

The root political problem is the refusal to recognize Israel. As long as that is the case, there is no solution. Combined with the underlying problem of nationalism and self-determination are also the conflicting claims of Judaism and Islam. Both Israel and Arab Muslims have a strong emotional attachment to Palestine. Arab Muslims assert that they are descendants of Abraham, through Ishmael. As Muslims, they claim Jerusalem as a holy site because according to Islam, Jerusalem was the last place Mohammed visited before he ascended into the heavens and talked to God. Neither side can appeal to the Bible and say on the basis of the Scriptures, “The land is mine!” Many experts think that a solution should be sought in having two viable and realistic states in the Middle East, one for Jews and one for the Arabs in the region. For that to happen, however, Israel needs to be assured that such an Arab state would not have the desire to keep working on the long term goal of putting an end to the State of Israel. That trust is understandably completely lacking at the moment.

A young woman, in front of the Tel Aviv Museum of Art, looking over a wall of pictures of the Israelis abducted by Hamas during its October 7 terrorist attack. (Photo credit: Jose Hernandez Camera 51/Shutterstock)

Endnotes

See also Alan Dershowitz, The Case for Israel (Hoboken, NJ: John Wiley & sons, 2003), 80–85.
Dershowitz, The Case for Israel, 176–77.
Ruth Marks Eglash, “Urban Warfare Expert says Israeli Military Taking Unprecedented Steps to Protect Gaza Civilians” Fox News, 17 February 17 2024, accessible at Fox News website.
TOI Staff, “Poll Shows Soaring Palestinian Support for Hamas; 72% back October 7 Atrocities” 13 December 2023, accessible at the Times of India website.
See Haggai Ben-Shammai, “Jew-Hatred in the Islamic Tradition and the Koranic Exegesis,” in Antisemitism Through the Ages, ed. Shmuel Almog (Oxford, UK: Pergamon Press, 1989), 164–66.

For further reading

Helpful resources for information found in this article include:

  • Alan Dershowitz, The Case for Israel (Hoboken, NJ: John Wiley & sons, 2003), a defense by a Professor of Law, Emeritus, at Harvard University, of Israel’s rights, supported by indisputable evidence. He is however not an uncritical supporter of Israel. Most recently he also wrote War Against the Jews (2023).
  • Joan Peters, From Time Immemorial: The Origins of the Arab-Jewish Conflict Over Palestine (New York, NY: Harper & Row, 1985), a classic compilation of the facts by a former White House consultant on the Middle East. Its publication was hailed as a historic event. 

Top photo is a section of Gaza City after bombardment by Israeli forces. Photo credit: ImageBank4u/Shutterstock

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One step forward, two steps back in Online Harms bill

What do pornography and hate speech have in common? Well, the federal government says they are both harmful. That’s why they’ve wrapped these issues up together in their recently announced Online Harms Act, otherwise known as Bill C-63. As the government’s news release stated, “Online harms have real world impact with tragic, even fatal, consequences.” As such, the government is of the mind that the responsibility for regulating all sorts of online harm falls to them. But the approach of the government in Bill C-63, though it contains some good content, is inadequate. BACKGROUND In June 2021, the federal government introduced hate speech legislation focused on hate propaganda, hate crime, and hate speech. The bill was widely criticized, including in ARPA Canada’s analysis, and failed to advance prior to the fall 2021 election. Nonetheless, the Liberal party campaigned in part on a promise to bring forward similar legislation within 100 days of re-election. Over two years have passed since the last federal election. In the meantime, the government pursued a consultation and an expert panel on the topic of online harms. Based on these and feedback from stakeholders, the government has now tabled legislation combatting online harm more broadly. Bill C-63 defines seven types of “harmful content”: a) intimate content communicated without consent; b) content that sexually victimizes a child or revictimizes a survivor; c) content that induces a child to harm themselves; d) content used to bully a child; e) content that foments hatred; f) content that incites violence; and g) content that incites violent extremism or terrorism. The hate speech elements of Bill C-63 are problematic for Canadians’ freedom of expression. We will address those further on. But though the bill could be improved, it is a step in the right direction on the issue of child sexual exploitation. DIGITAL SAFETY OVERSIGHT If passed, part 1 of the Online Harms Act will create a new Digital Safety Commission to help develop online safety standards, promote online safety, and administer and enforce the Online Harms Act. A Digital Safety Ombudsperson will also be appointed to advocate for and support online users. The Commission will hold online providers accountable and, along with the Ombudsperson, provide an avenue for victims of online harm to bring forward complaints. Finally, a Digital Safety Office will be established to support the Commission and Ombudsperson. The Commission and Ombudsperson will have a mandate to address any of the seven categories of harm listed above. But their primary focus, according to the bill, will be “content that sexually victimizes a child or revictimizes a survivor” and “intimate content communicated without consent.” Users can submit complaints or make other submissions about harmful content online, and the Commission is given power to investigate and issue compliance orders where necessary. Social media services are the primary target of the Online Harms Act. The Act defines “social media service” as: “a website or application that is accessible in Canada, the primary purpose of which is to facilitate interprovincial or international online communication among users of the website or application by enabling them to access and share content.” Further clarification is provided to include: an adult content service, namely a social media service that is focused on enabling its users to access and share pornographic content; and a live streaming service, namely a social media service that is focused on enabling its users to access and share content by live stream. Oversight will be based on the size of a social media service, including the number of users. So, at the very least, the Digital Safety Commission will regulate online harm not only on major social media sites including Facebook, X, and Instagram, but also on pornography sites and live streaming services. Some specifics are provided in Bill C-63, but the bill would grant the government broad powers to enact regulations to supplement the Act. The bill itself is unclear regarding the extent to which the Commission will address online harm besides pornography, such as hate speech. What we do know is that the Digital Safety Commission and Ombudsman will oversee the removal of “online harms” but will not punish individuals who post or share harmful content. DUTIES OF OPERATORS Three duties laid out in Bill C-63 apply to any operator of a regulated social media service – for example, Facebook or Pornhub. The Act lists three overarching duties that operators of social media services must adhere to. 1. Duty to act responsibly The duty to act responsibly includes: mitigating risks of exposure to harmful content, implementing tools that allow users to flag harmful content, designating an employee as a resource for users of the service, and ensuring that a digital safety plan is prepared. This duty relates to harmful content broadly. Although each category of “harmful content” is defined further in the Act, the operator is responsible to determine whether the content is harmful. While it’s important for the Commission to remove illegal pornography, challenges may arise with the Commission seeking to remove speech that a user has flagged as harmful.  2. Duty to protect children The meaning of the duty to protect children is not clearly defined. The bill notes that: “an operator must integrate into a regulated service that it operates any design features respecting the protection of children, such as age-appropriate design, that are provided for by regulations.” This could refer to age-appropriate designs in the sense that children are not drawn into harmful content; it could refer to warning labels on pornography sites, or it could potentially require some level of age-verification for children to access harmful content. These regulations, however, will be established by the Commission following the passage of the Online Harms Act. The Liberal government says that its Online Harms Act makes Bill S-210 unnecessary. Bill S-210 would require age-verification for access to online pornography. In its current form, however, the Online Harms Act does nothing to directly restrict minors’ access to pornography. It would allow minors to flag content as harmful and requires “age-appropriate design” but would not require pornography sites to refuse access to youth. As such, ARPA will continue to advocate for the passage of Bill S-210 to restrict access to pornography and hold pornography sites accountable.  3. Duty to make certain content inaccessible Finally, Bill C-63 will make social media companies responsible for making certain content inaccessible on their platforms. This section is primarily focused on content that sexually victimizes a child or revictimizes a survivor and intimate content communicated without consent. ARPA has lauded provincial efforts in British Columbia and Manitoba to crack down on such content in the past year. If such content is flagged on a site and deemed to be harmful, the operators must make it inaccessible within 24 hours and keep it inaccessible. In 2020, Pornhub was credibly accused of hosting videos featuring minors. Additionally, many women noted that they had requested Pornhub to remove non-consensual videos of themselves and that Pornhub had failed to do so. At the time, ARPA Canada submitted a brief to the Committee studying sexual exploitation on Pornhub. Our first recommendation was that pornography platforms must be required to verify age and consent before uploading content. Second, we recommended that victims must have means for immediate legal recourse to have content removed from the internet. This duty to make content inaccessible will provide some recourse for victims to flag content and have it removed quickly. Further, the Commission will provide accountability to ensure the removal of certain content and that it remains inaccessible. The Act creates a new bureaucratic agency for this purpose rather than holding companies accountable through the Criminal Code. The Criminal Code is arguably a stronger deterrent. For example, Bill C-270, scheduled for second reading in the House of Commons in April 2024, would make it a criminal offence to create or distribute pornographic material without first confirming that any person depicted was over 18 years of age and gave express consent to the content. Bill C-270 would amend the Criminal Code to further protect vulnerable people. Instead of criminal penalties, the Online Harms Act would institute financial penalties for failure to comply with the legislation. Of course, given the sheer volume of online traffic and social media content and the procedural demands of enforcing criminal laws, a strong argument can be made that criminal prohibitions alone are insufficient to deal with the problem. But if new government agencies with oversight powers are to be established, it’s crucial that the limits of their powers are clearly and carefully defined and that they are held accountable to them. THE GOOD NEWS… This first part of the Online Harms Act contains some important attempts to combat online pornography and child sexual exploitation. As Reformed Christians, we understand that a lot of people are using online platforms to promote things that are a direct violation of God’s intention for flourishing in human relationships. This bill certainly doesn’t correct all those wrongs, but it at least recognizes that there is improvement needed for how these platforms are used to ensure vulnerable Canadians are protected. Most Canadians support requiring social media companies to remove child pornography or non-consensual pornography. In a largely unregulated internet, many Canadians also support holding social media companies accountable for such content, especially companies that profit from pornography and sexual exploitation. Bill C-63 is the government’s attempt to bring some regulation to this area. … AND NOW THE BAD NEWS But while some of the problems addressed through the bill are objectively harmful, how do we avoid subjective definitions of harm? Bill C-63 raises serious questions about freedom of expression. Free speech is foundational to democracy. In Canada, it is one of our fundamental freedoms under section 2 of the Charter. Attempts to curtail speech in any way are often seen as an assault on liberty. Bill C-63 would amend the Criminal Code and the Canadian Human Rights Act to combat hate speech online. But the bill gives too much discretion to government actors to decide what constitutes hate speech. HARSHER FOR “HATE SPEECH” CRIMES The Criminal Code has several offences that fall under the colloquial term “hate speech.” The Code prohibits advocating genocide, publicly inciting hatred that is likely to lead to a breach of the peace, or willfully promoting hatred or antisemitism. The latter offence is potentially broader, but it also provides several defenses, including: the statement was true the statement was a good faith attempt to argue a religious view the statement was about an important public issue meriting discussion and the person reasonably believed the statement was true Bill C-63 would increase the maximum penalties for advocating genocide and inciting or promoting hatred or antisemitism. The maximum penalty for advocating genocide would increase to life in prison instead of five years. The bill would also raise the penalty for publicly inciting hatred or promoting hatred or antisemitism to five years instead of the current two. Bill C-63 defines “hatred” as “the emotion that involves detestation or vilification and that is stronger than disdain or dislike.” It also clarifies that a statement does not incite or promote hatred “solely because it discredits, humiliates, hurts or offends.” This clarification is better than nothing, but it inevitably relies on judges to determine the line between statements that are merely offensive or humiliating and those that generate emotions of vilification and detestation. ARPA Canada recently intervened in a criminal hate speech case involving Bill Whatcott. Whatcott was charged with criminal hate speech for handing out flyers at a pride parade warning about the health risks of engaging in homosexual relations. Prosecutors argued that Whatcott was promoting hatred against an identifiable group by condemning homosexual conduct. This is an example of a person being accused of hate speech for expressing his beliefs – his manner of expressing those beliefs, but also the content of his beliefs. NEW STAND-ALONE HATE CRIME OFFENCE The Criminal Code already makes hatred a factor in sentencing. So, for example, if you assault someone and there is conclusive evidence that your assault was motivated by racial hatred, that “aggravating factor” will likely mean a harsher sentence for you. But the offence is still assault, and the maximum penalties for assault still apply. Bill C-63, however, would add a new hate crime offence – any offence motivated by hatred – to the Criminal Code, and it may be punishable by life in prison. It would mean that any crime found to be motivated by hatred would count as two crimes. Consider an act of vandalism, for example. The crime of mischief (which includes damaging property) has a maximum penalty of 10 years. But, if you damaged property because of hatred toward a group defined by race, religion, or sexuality, you could face an additional criminal charge and potentially life in prison. ANTICIPATORY HATE CRIMES? Bill C-63 would permit a person to bring evidence before a court based on fear that someone will commit hate speech or a hate crime in the future. The court may then order the accused to “keep the peace and be of good behavior” for up to 12 months and subject that person to conditions including wearing an electronic monitoring device, curfews, house arrest, or abstaining from consuming drugs or alcohol. There are other circumstances in which people can go to court for fear that a crime will be committed – for example, if you have reason to believe that someone will damage your property, or cause you injury, or commit terrorism. However, challenges with unclear or subjective definitions of hatred will only be accentuated when determining if someone will commit hate speech or a hate crime. BRINGING BACK SECTION 13 This is the first time the government has tried to regulate hate speech. The former section 13 of the Canada Human Rights Act prohibited online communications that were “likely to expose a person or persons to hatred or contempt” on the basis of their race, religion, sexuality, etc. As noted by Joseph Brean in the National Post, section 13 was passed in 1977, mainly in response to telephone hotlines that played racist messages. From there, the restrictions around hate speech were extended to the internet (telecommunications, including internet, falls under federal jurisdiction) until Parliament repealed section 13 in 2013. Joseph Brean writes that section 13 “was basically only ever used by one complainant, a lawyer named Richard Warman, who targeted white supremacists and neo-Nazis and never lost.” In fact, Warman brought forward 16 hate speech cases and won them all. A catalyst for the controversy over human rights hate speech provisions was a case involving journalist Ezra Levant. Levant faced a human rights complaint for publishing Danish cartoons of Muhammad in 2006. In response to being charged, Levant published a video of an interview with an investigator from the Alberta Human Rights Commission. Then in 2007, a complaint was brought against Maclean’s magazine for publishing an article by Mark Steyn that was critical of Islam. Such stories brought section 13 to public attention and revealed how human rights law was being used to quash officially disapproved political views. Bill C-63 would bring back a slightly revised section 13. The new section 13 states: “It is a discriminatory practice to communicate or cause to be communicated hate speech by means of the Internet or any other means of telecommunication in a context in which the hate speech is likely to foment detestation or vilification of an individual or group of individuals on the basis of a prohibited ground of discrimination.” A few exceptions apply. For example, this section would not apply to private communication or to social media services that are simply hosting content posted and shared by users. So, for example, if someone wanted to bring a complaint about an ARPA post on Facebook, that complaint could be brought against ARPA, but not against Facebook. If a person is found guilty of hate speech, the Human Rights Tribunal may order the offender to pay up to $20,000 to the victim, and up to $50,000 to the government. This possibility of financial benefit incentivizes people to bring forward hate speech complaints. British Columbia has a similar hate speech provision in its Human Rights Code. ARPA wrote about how that provision was interpreted and enforced to punish someone for saying that a “trans woman” is really a man. The Tribunal condemned a flyer in that case for “communicat rejection of diversity in the individual self-fulfillment of living in accordance with one’s own gender identity.” The Tribunal went on to reject the argument that the flyer was not intended to promote hatred or discrimination, “but only to ‘bring attention to what views as immoral behaviour, based on his religious belief as a Christian’.” Ultimately, the Tribunal argued that there was no difference between promoting hatred and bringing attention to what the defendant viewed as immoral behavior. NO DEFENSES FOR CHRISTIANS? As noted above, when it comes to the Criminal Code’s hate speech offences, there are several defenses available (truth, expressing a religious belief, and advancing public debate). These are important defenses that allow Canadians to say what they believe to be true and to express sincere religious beliefs. But the Canadian Human Rights Act offers no defenses. And complaints of hate speech in human rights law are far easier to bring and to prosecute than criminal charges. Criminal law requires proof beyond reasonable doubt. But under the Human Rights Act, statements that are likely (i.e. 51% chance, in Tribunal’s view) to cause detestation or vilification will be punishable. So, hate speech would be regulated in two different places, the Criminal Code and the Human Rights Act, the latter offering fewer procedural rights and a lower standard of proof. Bill C-63 clarifies that a statement is not detestation or vilification “solely because it expresses disdain or dislike or it discredits, humiliates, hurts or offends.” But again, the line between dislike and detestation is unclear. Human rights complaints are commonly submitted because of humiliation or offence, rather than any clear connection to detestation or vilification. Section 13 leaves too much room for subjective and ideologically motivated interpretations of what constitutes hate speech. The ideological bias that often manifests is a critical theory lens, which sees “privileged” groups like Christians as capable only of being oppressors/haters, while others are seen as “equity-seeking” groups. For example, in a 2003 case called Johnson v. Music World Ltd., a complaint was made against the writer of a song called “Kill the Christian.” A sample: Armies of darkness unite  Destroy their temples and churches with fire  Where in this world will you hide  Sentenced to death, the anointment of christ   Put you out of your misery  The death of prediction  Kill the christian  Kill the christian…dead!  The Tribunal noted that the content and tone appeared to be hateful. However, because the Tribunal thought Christians were not a vulnerable group, it decided this was not hate speech. By contrast, in a 2008 case called Lund v. Boissoin, a panel deemed a letter to the editor of a newspaper that was critical of homosexuality to be hate speech. The chair of the panel was the same person in both Johnson and Lund. Hate speech provisions are potentially problematic for Christians who seek to speak truth about various issues in our society. Think about conversion therapy laws that ban talking about biblical gender and sexuality in some settings, or bubble zone laws that prevent pro-life expression in designated areas. But beyond that, freedom of speech is also important for those with whom we may disagree. It is important to be able to have public dialogue on various public issues.    GOVERNMENT’S ROLE IN REGULATING SPEECH This all raises serious questions about whether the government should be regulating “hate speech” at all. After all, hate speech provisions in the Human Rights Act or the Criminal Code have led and could lead to inappropriate censorship. But government also has a legitimate role to play in protecting citizens from harm.  1. Reputational harm and safety from threats of violence Arguably the government’s role in protecting citizens from harm includes reputational harm. Imagine someone was spreading accusations in your town that everyone in your church practices child abuse, for example. That is an attack on your reputation as a group and as individual members of the group – which is damaging and could lead to other harms, possibly even violence. Speech can do real damage. But Jeremy Waldron, a prominent legal philosopher and a Christian, suggests that the best way to think about and enforce “hate speech” laws is as a prohibition on defaming or libeling a group, similar to how our law has long punished defaming or libeling an individual. Such a conception may help to rein in the scope of what we call “hate speech,” placing the focus on demonstrably false and damaging accusations, rather than on controversial points of view on matters relating to religion or sexuality, for example. Hatred is a sin against the 6th commandment, but the government cannot regulate or criminalize emotions per se or expressions of them, except insofar as they are expressed in and through criminal acts or by encouraging others to commit criminal acts. That’s why we rightly have provisions against advocating or inciting terrorism or genocide, or counseling or encouraging someone to commit assault, murder, or any other crime. When the law fails to set an objective standard, however, it is open to abuse – for example, by finding a biblical view of gender and sexuality to constitute hate speech. Regrettably, Bill C-63 opens up more room for subjectivity and ideologically based restrictions on speech. It does nothing to address the troubling interpretations of “hate speech” that we’ve seen in many cases in the past. And, by putting hate speech back into the Human Rights Act, the bill makes many more such abuses possible. We suspect it will result in restricting speech that is culturally unacceptable rather than objectively harmful.  2. Harm of pornography As discussed earlier, Bill C-63 does introduce some good restrictions when it comes to online pornography. In our view, laws restricting pornography are categorically different from laws restricting “hate speech,” because the former laws are not designed to or in danger of being applied to censor beliefs, opinions, or arguments. Restricting illegal pornography prevents objectively demonstrable harm. Pornography takes acts that ought to express love and marital union and displays them for consumption and the gratification of others. Much of it depicts degrading or violent behavior. Pornography’s harms, especially to children, are well documented. The argument is often made that pornography laws risk censoring artistic expression involving sexuality or nudity. But Canada is very far, both culturally and legally, from censoring art for that reason – and Bill C-63 wouldn’t do so. Its objectives as they relate to pornography are mainly to reduce the amount of child pornography and non-consensual pornography easily available online.  CONCLUSION While the Online Harms Act contains some good elements aimed at combatting online pornography, its proposed hate speech provisions are worrisome. Unfortunately, the federal government chose to deal with both issues in one piece of legislation – this should have been two separate bills. As Bill C-63 begins to progress through the House of Commons, we can continue to support Bills S-210 and C-270, private members’ bills which combat the online harms of pornography. Meanwhile, head to ARPACanada.org for action items related to the Online Harms Act. ...

Indigenous peoples, News

Private property rights finally planned for Indigenous British Columbians

Few Canadians realize that the majority of Indigenous peoples in BC aren’t allowed to own land like everyone else can. They are shackled by the federal Indian Act, first passed in 1876, which forbids private property ownership for Indigenous people living on reserves. Instead on-reserve housing is provided, with the houses owned by the Crown and controlled by band councils. That may be changing in British Columbia. On April 2, the province introduced Bill 13 to specify that First Nations who are recognized by the federal government as Indian Act bands will finally have the legal ability to register and own land. This is a very different attempt at reconciliation than what the same government recently attempted with a plan to allow First Nations to co-manage all public lands in the province. If brought to fruition, such a change would effectively hand over veto power to First Nations for how most of the province is used. But Bill 13 is fundamentally different. In their press release, the government lauded how the proposed changes “reduce discriminatory and racist barriers.” They are right, though questions remain as to how it will apply to individual members of the many First Nations. It also remains a question how this legislation would align with the federal Indian Act. Private property rights for all people, regardless of race, is both biblical and an important ingredient for human flourishing. As ARPA Canada shared in one of its first policy reports, on the broader topic of aboriginal affairs, “property rights are essential for economic productivity and thereby have a direct impact on employment rates, which in turn impacts the living standards, housing conditions, health, and morale of an entire community.” God established private property as a right and codified it in the 8th Commandment “you shall not steal.” Owning land is an important step for creating employment and wealth, while instilling responsibility and stewardship. Given that reserves are owned by the government, there is little surprise that the housing conditions are often deplorable. For far too long, Canada’s federal and provincial governments have focused on handing out more money and more blame, rather than allowing Indigenous peoples the same opportunities and responsibilities as all other peoples....

News

Saturday Selections – Mar. 30, 2024

Rich Mullins: Creed (4 min) Rich Mullins riffing off of the Apostles' Creed. How C.S. Lewis predicted the pronoun push... ...and in a passage in The Horse and His Boy, he taught us how to respond. Bug zappers might do more harm than good Sick of mosquitos? Your bug zapper might be the problem. A couple decades back two universities tested how many mosquitos actually get zapped and found that of the approximately 24,000 bugs their zappers killed, just 39 were mosquitos. Less than o.2 percent! The rest included bugs that actually eat mosquitoes, which means the bug zappers might actually be making your mosquito problems worse. The Road to Socialism and Back Again – a free e-book This free e-book charts the fall and rise of Poland's economy, stagnating for decades under centralized communist management, then quadrupling once some freedoms were returned. It's history we need to share. However, while this notes that socialism doesn't work, it doesn't dig into what God says about the why: that a centralized economy doesn't work because it lacks humility (a distant leader knows how to run all our lives better than us?), it fosters envy over what the rich have (breaking the 10th Commandment), it requires men to be angels (working hard with no thought of gain for themselves), and in eliminating private property, it violates the 8th Commandment. No wonder then that it doesn't work. Christians aren't ready to argue against AI-generated porn When it comes to pornography, Christians will point out the harm it does to "performers," highlighting the dark, dark side of porn production. It is dark, so that argument is certainly valid. But that the performers are harmed isn't the foundational reason pornography is wicked – the underlying problem is that porn conflicts with God's plan for sexuality. And now, with the advent of AI-generated, actorless films, talking about the harm done to the actors, rather than mentioning anything about God, won't work as an objection anymore. The conclusion to the linked article is both spot on, and really, really sad, because it makes it seem as if talking about God is the very last thing any Christian would want to do in the culture wars. But is that true? "This will be uncomfortable, because it will force Christians to make moral arguments that appear irredeemably at odds with the secular society. The benefits of emphasizing things like exploitation is that such concepts resonate with non-Christian audiences. There’s nothing wrong with seeking this common ground, but the reality is that we’re not going to have that ground at all very soon. The arguments against consuming or licensing pornography that will matter in the age of AI will be moralistic arguments: arguments rooted in the goodness of embodied sexuality in the context of marriage, and the destruction that occurs to hearts and emotions by feasting on a fake version of sex that collapses us inward. 'This is somebody’s child' will have to become, 'You are somebody’s child.' "Here will be a good stress test for Christian moral theology. Western Christians can articulate a vision of life that makes sense in a radically fractured, technologically isolated context. But that vision requires helping people get beyond the 'Does it harm anyone' framework, not simply appropriating the question. So it seems very likely that Christians will have to bring God into the discussion. When there’s no one to exploit, there is still God to offend. When there is no one to be trafficked, there is still God who sees. And when there is no one to stand over your shoulder to intervene or care, there is still God who saves." Pre-natal screening: should we do it? Some prenatal testing – specifically the sort that is called "invasive" – comes with a risk for the unborn, and so Christians should question why we'd want to get such a test at such a cost. As the article above and video below explain, "non-invasive" tests come with a different sort of "risk" for the unborn... though not when conducted by pro-life Christians. ...

News

Health minister will protect kids from nicotine, but not castration?

Last week, the federal government announced that it will “explore legislation and regulatory options” to address the growing popularity of youth using certain “stop smoking” aids.  Specifically, the government is focusing on restricting access to nicotine pouches, which are tobacco pouches placed between the gum and cheek, with the intent being to counteract nicotine cravings. Zonnic is one of the popular brands approved in Canada, with Health Canada stating that the 4 mg per dose “is usually recommended for adults who smoke 25 or more cigarettes a day and want to quit smoking.” These pouches release the same addictive chemicals found in cigarettes, vape products, and chewing tobacco. In July 2023, Canada approved Zonnic as a natural health product, allowing it to be sold at any store with no restrictions.  But these products have been marketed to teens with different candy-like flavors and colorful packaging. Federal Health Minister Mark Holland was having none of that: “To the tobacco companies that continue to look for ways to use loopholes to addict people to their products: Get away. Stay the hell away from our kids.” The BC government already took action last month, ensuring this product can only be sold over the counter in pharmacies.  Yet, this same “keep away from our kids” minister, just last month, criticized the Alberta government for new policies that focused on protecting minors from gender transition hormones and procedures, banning males from female sports, and giving more parental control over sexual education curricula. Holland stated that the policies are “deeply disturbing.”  Holland listens to the science regarding addictive drugs harming minors. Yet, when it comes to so-called “gender-affirming care” that does irreversible harm to children including sterilization, castration, and other genital mutilations (more harm than nicotine products could do), he would rather align with an ideological stance that fails to affirm a child's God-given sex. ...

News

Election day delay could cost taxpayers millions

On March 20 the Liberal/NDP government proposed bumping the 2025 election date back a week because the election would otherwise be at the same time as Diwali, the Hindu festival of lights. Critics have noted that moving election day back a week would also guarantee that any MPs first elected in 2019 would now be eligible for pensions that they wouldn’t have gotten if they’d lost. An MP needs to serve 6 years to be eligible for a pension, and for those elected on Oct 21, 2019, the 2025 election date of Oct 20 would have left them a day short. If current polling numbers persist, the government could expect a lot of their MPs to lose, but this election-day delay would give them a going-away pension bonus. Among the other electoral changes being proposed are an expansion of 2 more days of advance polls, giving voters seven days in total – six advance days and election day – to be able to vote in person. The government also wants to make it easier to vote by mail, and allow electors to vote anywhere in their electoral district. These changes are being done in the name of “encouraging participation in the electoral process.” However, that doesn’t seem a pressing issue – over the last 30 years, electoral turnout has stayed consistently within 60%-70% of eligible voters. Looking south of the border, we can see that what’s more important is the perceived trustworthiness of the election. Canada has not had allegations of stolen elections, as is almost commonplace in the US. That’s because Canada’s federal elections, as they have been run over the last many decades are the most verifiable in the world, with each voter checked off a list at their poll, and every ballot evaluated by two Elections Canada agents as well as representatives from each major party. These competing interests provided the ultimate verification for each election. Mail-in balloting and vote-anywhere initiatives might make it marginally easier to vote, but cause complications – last election 90,000 mail-in ballots arrived too late to be counted – and muddle the transparency. The more heated our politics become, the more important it is that our elections are not only trustworthy, but are obviously so....

News

Saturday Selections – Mar. 23, 2024

How to undermine election trust The title of this video – "how to steal an election" – isn't as much the issue here as the fact that results become more disputable, and more controversial, when in-person voting is replaced with mail-in balloting. This is an American case, but applicable to Canada and elsewhere. Why chromosomal differences do not create additional sexes The Christian apologetic group Stand to Reason has made this short and to the point, but with plenty of links to go explore deeper. Sadly, Jordan Peterson still isn't Christian Aaron Renn argues that Peterson is basically New Age. Only God as Trinity can offer Atonement Richard Dawkins, Christopher Hitchens, and other prominent atheists have equated Good Friday as nothing more than a case of "cosmic child abuse" – a vengeful Father venting His wrath on His innocent Child. That's a charge shared by Jehovah's Witnesses and Mormons (so lock this in for the next time you hear a knock at your door) and others who deny that God is indeed Three in One, because then the Cross is indeed a god punishing some "entirely other" being. But, as we know, at the Cross it is a just God also showing mercy by voluntarily taking on our punishment. In the linked article, Jeremy Treat explores this truth from two other analogous angles. Yes, teens, virginity is good for you Virginity doesn't just provide freedom from sexually transmitted diseases, but it also lowers incidences of all sorts of other risky behaviors, such as smoking and drug use. Are biblical counselors unbiblical? (20 minute read) Secular psychologists who ignore the spiritual world can, at best, treat only half the person: their material body. Biblical counselors can turn to the wisdom God has written in His Word to treat the soul too. But how much should biblical counselors rely on, and turn to, what God has also revealed in His Second Book, the "book" of Creation? That's where an important debate is being had. Astonishing fly can breathe underwater even after losing its underwater lungs (6 min) This fly as a larvae has organs that allow it to breathe underwater, but it loses those in its adult stage. But it still lives underwater using a completely different system to get its needed oxygen. That all happened by chance? You have to be willfully blind to miss God's creative genius here. ...

News

Saturday Selections – Mar. 9, 2024

Click on the titles below to go to the linked articles... College isn't for everyone (3 min) Christians listening to this Mike Rowe clip might hear echoes of Paul's message in 1 Cor. 12:12-31, about how the Body has many members. We're not all the same, so we shouldn't presume that university is for everyone. This is a clip from Rowe's free 20-minute mini-documentary called The Case for Trade School. Good news: the Earth is getting greener Even NASA is sharing this, though with a negative spin (they can't get away from their cataclysmic take). Millions of Americans are banned from pumping their own gas Under the pretense of "safety" millions of Americans are prohibited from pumping their own gas. But is it really so unsafe? No, as all of us who manage to pump our own gas without blowing ourselves up can attest. So then what's the real reason for the ban? It's a case of private interests using the levers of state power to fight off their competition. And that's far from unusual. When is a question better than an answer? John Stonestreet – riffing off of Christian apologist Greg Koukl – offers 6 simple, great questions that'll help you stand up for the truth. "Time to admit genes aren't the blueprints for life" Have you heard that your cellular DNA is the instruction sheet or blueprint for your cell and body? Well, now it seems that was a gross oversimplification. This article is complex too, but here's the key: scientists keep discovering the life is more and more complex than they'd previously thought. And evolution only makes sense if we are simple enough to have come about without design or direction. Equal pay for equal work laws hurt (4 min) Milton Friedman offers up a practical objection to "equal pay for equal work" laws, no matter how well-intentioned they might be. ...

News

Lawyer learns she should double-check ChatGPT’s work

Last month, a BC lawyer was caught submitting an AI-generated legal application to a family court. Chong Ke was representing a father asking that his children travel to China so he could have parenting time with them there. Ke used ChatGPT, a text-based generative Artificial Intelligence (AI), to write the application, which cited two fake cases. ChatGPT does not provide links to its sources which makes its fabricated content hard to spot. To the AI’s “success,” the case was won, finding it was in the best interest of the client's children to visit their father. Although the fake cases were put into the application, they were never presented in the hearing, so the courts kept the initial ruling. Shortly after the ruling, the lawyers for the mother tried to track down the cases referenced, even asking for copies from the opposition. After not receiving any copies the team hired a researcher to find the cases. This matter was then taken to court where Ke apologized for her actions. "I acknowledge that I should have been aware of the dangers of relying on Al-generated resources, and been more diligent and careful in preparing the materials for this application. I wish to apologize again to the court and to opposing counsel for my error.” The process of preparing legal documents can be arduous, and although AI technology might be a tool to help with this, we should not be naive about its capabilities. Ke was ordered to pay the costs associated with the time and resources the other counsel used to discover the fake cases. In attempts to make court applications easier, the lawyer ended up doing the opposite, deceiving others in a scramble to seek truth in the application. In the court case against Ke, the judge reminds us that AI is not a replacement for humankind. “As this case has unfortunately made clear, generative AI is still no substitute for the professional expertise that the justice system requires of lawyers."...

News

Saturday Selections – Mar. 2, 2024

Click on the titles below for the linked articles... How did we get the Bible? (12 min) Was the Bible authorized, or simply recognized, by the Church? 10 astonishing alien underwater photos Here's a Top 10 of an award-winning National Geographic photographer's underwater shots showing some of the amazing diversity of life God has crafted under the water's surface. For more, check out his website - it's in French, but you don't need to know that to appreciate his pictures. 10 diagnostic questions for your marriage Do you and your spouse laugh together? Kevin DeYoung's friend suggested that "the couple that laughs together lasts together." That got DeYoung thinking: "What are some other questions that can help diagnose the health of our marital life? Here are ten that may prove useful." 10 best evidences confirming a young earth The folks at Answers in Genesis have a lot here for us to chew on! Why the world is running out of babies "Only 3% of the world’s population currently lives in a country whose birth rate isn’t declining. ...Italy, Spain, Portugal, Thailand, and South Korea will lose half their populations by the end of this century." Why? Even protesters are blessed by oil Everyone instinctively understands that hypocrisy is bad – that's one of those truths God has written on our hearts (Romans 2:15) – but like many truths, it can be deliberately obscured. So showing that someone is a hypocritic isn't enough anymore. We need to spell out in detail the implications of their double standard. The spoof below highlights even oil protesters' dependency on all sorts of oil products in their daily lives. Until someone somewhere starts living without oil themselves, what we are all demonstrating (anti-oil protesters too) is the blessing of oil for meeting so many of our daily needs. The video is PG-rated for one mention, and one inference, of the word "ass" so don't watch it with the kiddos. ...

News

Saturday Selections – Feb. 24, 2024

Click on the titles below for the linked articles... Shane & Shane with "You've already won" (7 min) Love this one – this is why we can take on that scary world out there without fear. Repetitive near the end, but it's a point we'd benefit from hearing on repeat. Court recognizes frozen IVF embryos as children The IVF "industry" has frozen hundreds of thousands of embryonic children and killed hundreds of thousands, and perhaps millions, more. So we can be thankful for a ruling this past week that had the University of Alabama hit the pause button on their IVF treatments. "Alabama’s IVF industry may be forced to make radical changes in its practices. The sole dissenting justice said as much in his opinion: 'the main opinion’s holding almost certainly ends the creation of frozen embryos through in vitro fertilization (‘IVF’) in Alabama.'" The case for phone-free schools (10-minute read) "...Students around the world became less likely to agree with items such as 'I feel like I belong at school,' and more likely to agree with items such as 'I feel lonely at school.' That's roughly when teens went from mostly using flip phones to mostly using smartphones. It's also when Instagram caught fire with girls and young women globally, following its acquisition by Facebook. If we must pick a date for the start of selfie culture and its poisonous levels of visual social comparison, I'd say it's 2012." Big Tech and the role of families and government When social media companies do damage to teens and won't self-police, is it time for even the strongest small-government proponents to look to the State to intervene? John Stonestreet makes the case. Farewell to a pro-life hero John Barros wore dents in the sidewalk of the abortion clinic he witnessed in front of. He saw horrors. But he also saved babies. As he told his fellow demonstrators "Isn’t it amazing what God will do if you just show up?” When tree rings go bad When you hold the marvel of a smartphone in your hand, or consider the complexities that were conquered to put a man on the moon, you might think much of Science and what scientists have been able to do. But there is a difference between that kind of repeatedly and immediately testable science and the very different and much more uncertain historical science that's being used to promote everything from the theory of evolution to the theory of cataclysmic global warming. There we are dealing with could-haves and maybes, but in adherents' arrogance these findings are too often delivered as discoveries and facts. And now it seems too-certain-by-half might be a thing with tree ring findings too, as John Robson details below. ...

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