By DAVID SOLWAY
….Thus, such brawny Muslim organizations and their minions, initiating predatory defamation suits, are able to flaunt their thugismo with almost total impunity. The same applies to Muslims acting as individuals, whether lawyers, imams or students, amplifying the nuisance factor until it reaches untenable proportions. A human rights suit filed against publisher and journalist Ezra Levant by Calgary imam Syed Soharwardy for reprinting the Danish cartoons in his newspaper, The Western Standard, cost Levant 900 days of litigation, over $100,000 — and The Western Standard. This despite the fact that Soharwardy ultimately withdrew his complaint.
Similarly, a suit lodged by one Mohamed Elmasry, an adjunct professor at the University of Waterloo and president of the Canadian Islamic Congress, against Canada’s largest weekly, MacLean’s magazine, for publishing a book excerpt by Mark Steyn about the Islamic threat to the West, led to the predictable result. The suit cost the magazine $2 million despite an eventual acquittal. Nonetheless, it was mission accomplished for the Islamic machine: MacLean’s now steers clear of sensitive Islamic subjects. (See Levant’s Shakedown for an account of these travesties of justice.) Under the peculiar laws governing the status of Canada’s human rights commissions, neither of the plaintiffs had to cough up a cent, enjoying a free ride on the taxpayer’s dime.
Civil suits are adjudicated differently, but those without deep pockets — that is, most of us — have little incentive and less chance of carrying on the fight indefinitely against obscenely wealthy Islamic organizations or individual Muslims who go proxy for them. They are very sure of themselves, strutting about the halls of power and justice like milites gloriosi in pinstripes. Indeed, the legal profession is brindled with Muslim lawyers who know the law intimately and are comfortable deploying it against non-Muslims who offend them, offering their services to their co-religionist clients at a reduced rate or even pro bono. In consequence, the verdict is largely predetermined: win or lose, the defendant’s life is almost always ruined. In my friend’s case, the plaintiff demanded exorbitant punitive damages and legal fees, as well as an over-the-top, reputation-killing retraction. The option of rejecting so outrageous a settlement and pursuing the matter in court is both too costly and too risky for the defendant, since the juridical apparatus in this country is weighted against the dispensation of elementary justice. Welcome to the Great White North.
“Suing over the back-and-forth of public discourse,” Steyn writes, “turns the entire citizenry into an enfeebled child.…To litigate every offence is to give a not especially distinguished judiciary the power to micro-regulate social relations.” Steyn knows whereof he speaks for he is once again being sued, not by a Muslim for a change, but by climate “warm-monger” and false Nobel laureate Michael Mann. Levant is also back in court, being sued by a former plaintiff in the MacLean’s burlesque, one Khurrum Awan, who is not a putative climate specialist but an actual Muslim. At least he is sticking to the standard plot line. Levant had called Awan “a liar,” an epithet corroborated by the fact that Awan, as Steyn comments, had been shown in the original proceeding to have “been guilty of telling an untruth about one of the central facts in the case.” Awan complained that as a result of Levant’s ostensible slur, he has been “shunned by his friends.” This palpably nonsensical, self-pitying and surely non-justiciable bleat may cost Levant another $100,000 in Canada’s superannuated justice system. “This is called lawfare,” Levant explains on his blog. “Muslim extremists who enjoy Canada’s free speech for themselves, seek to take it away from their Canadian critics. Using our own laws.” Once again, mission accomplished. Awan had boasted after the original trial: “We attained our strategic objective — to increase the cost of publishing anti-Islamic material.”….