Australian government papers reveal race law’s slippery slope

Former Attorney General Michael Duffy, who drafted Australia's race law

Former Attorney General Michael Duffy, who drafted Australia’s race law

Government documents released yesterday by the National Archives of Australia reveal that the notorious Australian race law – section 18C of the Racial Discrimination Act – was the subject of intense discussion among ministers before it was introduced, and as originally drafted would have been far less restrictive.

However as many countries have found, once setting off down the path of restricting free speech in the interests of racial harmony, there is an inevitable slippery slope towards politically correct tyranny.

The original submission to Paul Keating’s cabinet in July 1992, drafted by then Attorney General Michael Duffy and only made public yesterday, stressed that “for an act to amount to racial vilification it must be an act or conduct that is likely to lead to incitement to hatred, contempt or ridicule and should not be relatively minor or be of the nature of a lighthearted racist joke.”

During their discussions of the draft, ministers went on to emphasise that prosecution should “require a series of precise conditions to be met”, including “actual offensive intent”.  UK readers will note that this would have made the measure more similar to the Race Relations Act 1965, the first UK law specifically to outlaw “incitement to racial hatred”.


Cartoon called an "attack" on Indigenous Australians

However as with the several later extensions of that landmark legislation, Australia’s Section 18C developed into a grotesque tyranny, restricting legitimate political debate and in extreme cases even being used against comedians and cartoonists.

Last year the well-known cartoonist Bill Leak was the target of a complaint under Section 18C over the cartoon (above) depicting an Aborigine, or what is now called an “indigenous Australian”.  The complaint was later dropped after a public outcry over abuse of the law.  The university student who made the complaint has since sought to present herself as the victim, whining that she had only intended a “conciliation process”!

What was originally portrayed as a law targeting serious incitements of “racist” violence is now employed to intimidate anyone dissenting from multiracial political orthodoxy.  If Bill Leak had not been backed by The Australian, one of the country’s most powerful media outlets, he would have been crushed under the liberal juggernaut’s wheels.

Bill Leak cartoon showing himself being handed by a black police officer to a Twitter lynching.

Doug Christie – The Battling Barrister

Douglas Christie, the courageous Canadian lawyer known as the “battling barrister”, died on March 11th a month before his 67th birthday.  He was perhaps best known for his vigour and tenacity in defending the Canadian-German publisher Ernst Zündel during more than a decade of legal persecution.  His client had been accused in a 1983 “human rights” tribunal and at criminal trials in 1985 and 1988 of “spreading false news”, a legal concept drawn from mediaeval England but applied in this case to Mr Zündel’s publication of the booklet Did Six Million Really Die?, which questioned the orthodox historical account of the deliberate murder of Jews in homicidal gas chambers.

Doug Christie (centre) with his wife and fellow lawyer Keltie Zubko (left) and their most famous client, German-Canadian publisher Ernst Zundel, outside the Zundel appeal hearing in September 1989.

At the end of the second Zündel trial in 1988 Doug Christie insisted that the courts had no business dictating versions of history, which “by definition, is always an opinion.”  In effect this argument eventually prevailed.  Although Ernst Zündel was convicted and his first appeal failed, the Supreme Court of Canada ultimately agreed with Mr Christie, ruling that S.181 (the law of “spreading false news”) was unconstitutional. The Supreme Court ruled the “greatest danger of S.181 lies in the undefined phrase ‘injury or mischief to a public interest’, which is capable of almost infinite extension.”

Imre Finta

In May 1990 Mr Christie successfully defended the retired Hungarian policeman Imre Finta in Canada’s first ever “war crimes” trial – a prosecution which in his closing speech to the jury he described as “a futile and unjustified exercise”, pointing out that “it’s the practice of states that win wars to judge those who lose them.”  Describing the war crimes law as a “convoluted and diabolically twisted piece of legislation”, he urged the jury to send a message to governments around the world that “the war is over”.  The jury agreed; sadly governments did not, and have continued to intensify legal restrictions on freedom of historical and scientific enquiry.

Mr Christie’s first landmark case was in 1983 when Jim Keegstra, a schoolteacher in Alberta, several hundred miles from Mr Christie’s home province of British Columbia, was dismissed from his job and charged under Canada’s “hate crime” legislation for expressing his opinions about Jewish history and the Holocaust.  Keegstra was a devout Christian and a former activist in the Social Credit Party, once a powerful force in Canadian politics.  Doug Christie argued in Keegstra’s defence that his client was expressing legitimate religious views.  One did not have to agree with those views, and some Jews might find them offensive – just as Keegstra might find Judaism offensive.  However the Canadian constitution was intended to protect religious and political freedom, so “hate crimes” seeking to criminalise certain views should be struck down as unconstitutional.

The Keegstra trial began on the precise 60th anniversary of the most famous attempt to criminalise opinion in the American courts, the so-called “monkey trial” of 1925, when Tennessee science teacher John Scopes was prosecuted for attempting to teach Darwin’s theory of evolution.  Keegstra was in a sense the modern Scopes, accused of perpetrating the modern heresy of “anti-semitism”.

Defending Keegstra in his 1987 appeal, Mr Christie argued that as part of his Christian outlook his client believed that a group of Jews (including Zionists) had been “seeking economic and political opportunism in the guise of religion,” and that “Mr Keegstra said this was wrong, contrary to Christ and contrary to all men.”

Consequently Mr Christie argued that the “hate speech” law used to convict Mr Keegstra was an unconstitutional infringement of basic freedoms.   The Appeal Court agreed and quashed the conviction, but eventually the Supreme Court voted 4-3 to reinstate the judgment.  The argument in the Supreme Court was of fundamental worldwide importance: did the social “benefit” of curbing extremism and promoting tolerance outweigh the constitutional evil of restricting free speech? This restriction would not apply solely to those few people prosecuted but also, in the words of the dissenting Supreme Court judgment which backed Doug Christie, “those individuals not caught may find their expression restricted by the fear of running afoul of a vague and subjective law.”

Eventually the Supreme Court of Canada found against Keegstra, but their December 1990 judgment was only by the narrowest margin of four justices to three.  The dissenting judges endorsed Mr Christie’s arguments, writing:  “…our commitment to the marketplace of ideas precludes us from presuming that those who promote hatred will be successful in fomenting it among the majority of Canadians.  Moreover, freedom of expression is an individual liberty of such importance that it can be overridden only by an extraordinarily weighty public goal.”

Soon after this Keegstra judgment Doug Christie began representing Malcolm Ross, another schoolteacher dismissed for “anti-semitism”, and again managed to win in the appeal courts, only to face ultimate defeat in the Supreme Court of Canada.

In these and other landmark cases, Doug Christie was a valiant champion of the public interest in objective law and unimpeded scholarship.

The A.K. Chesterton Trust provided a great service to friends of freedom around the world by transferring to DVD a video recording made in 1994 of an address by Doug Christie to an invited audience at Liss Forest, Hampshire.

Mr Christie was in the UK to represent the redoubtable patriot Lady Birdwood, who was being prosecuted under Britain’s notoriously oppressive race laws for daring to publish a pamphlet entitled The Longest Hatred.  The octogenarian Lady Birdwood was convicted of “inciting racial hatred” and given a three month suspended prison sentence.

Doug Christie visiting Arbroath Abbey in 2002

Doug Christie makes clear in the DVD his belief that the prosecution of Jane Birdwood was but one facet of a worldwide campaign against free research and the free expression of opinion.  He argued that the forces supporting, for example, the French Revolution used a supposed commitment to “individualism” to break up the traditional authority of Christendom.  These same forces having achieved power now oppose individualism in the name of their own dominant ideology. Anyone standing in the way of that dominant ideology must be demonised and crushed by the full force of the law.  Courageously and sustained by his traditional Catholic faith, Mr Christie stood up for the victims of this process in trials and civil actions across Canada and the United Kingdom.

He argues that today’s New World Order “has every bit as much intention of destroying Truth as Communism did in a more visible and brutal way,” and believes that it is the most honourable course to fight for the right to tell the truth.

Doug Christie’s most celebrated case was in defence of the German-Canadian artist and publisher Ernst Zündel.  At the instigation of Jewish activist Sabina Citron, Zündel was twice prosecuted in the Canadian courts for “hate crimes” in 1985 and 1988, before his conviction was finally overturned by the Supreme Court of Canada in 1992.  His supposed crime of reporting “false news”, which dates back to the attempts of English kings and barons in the 13th century to suppress public criticism, was ruled unconstitutional.

In this DVD Doug Christie does not speak in detail about the Zündel case, as at that point in April 1994 he believed that Zündel had won and the story had ended with “Ernst Zündel a free man in Canada today.”  Sadly this optimism proved unfounded.  Having failed in their own courts, the Canadian authorities took action via their Human Rights Commission during the late 1990s.  Even after he moved to the USA and married a US citizen, Zündel was subjected to a judicial kidnapping near his Tennessee home in 2003 and deported to Canada, where a “national security” loophole was exploited to deport him to Germany in 2005.  He was imprisoned in Germany from 2005 to 2010.

Despite this eventual outcome, Doug Christie and Ernst Zündel will go down in history for pinning down “Holocaust historian” Raul Hilberg.  Asked by Doug Christie during the 1985 trial whether he could name a single scientific report that substantiated the use of any homicidal gas chamber during the Third Reich, Prof. Hilberg replied “I am at a loss.”

Doug Christie points out in this DVD that Ernst Zündel had to spend more than a million dollars to win his victories for free speech, but he argues that the many small and large donations to Zündel’s cause were contributions to the vital cause of building a “bulwark of freedom”: we must not wait “until the enemy is within our gates” but must support the defence of freedom wherever in the world the frontier happens to be at any moment: “We have a cause that transcends national boundaries.”

Outside the courtroom Doug Christie was active in attempting to redraw those national boundaries.  He believes that out of the failure of multiculturalism “smaller nations will emerge; better nations, true to themselves.”  In 1980 he founded the Western Canada Concept, a party that campaigned for the secession from Canada of its western provinces: Manitoba, Saskatchewan, Alberta and British Columbia.

In 2005 he formed the Western Bloc Party with similar objectives: candidates have included former schoolteacher Paul Fromm, who alongside Doug Christie and others organised the Canadian Free Speech League and promoted events by international free speech activists including Lady Michèle Renouf.

Towards the end of the 1994 DVD Doug Christie asks his audience: “Are we criminals that we must hide in a basement?”  It is thanks to the courage and commitment of activists such as this brave Canadian lawyer that at least some of our traditional freedoms and values survive in 2012.

Tony Hancock RIP

Tony Hancock – a key figure in British nationalism for decades – died yesterday afternoon in hospital near his Sussex home.  He had suffered a stroke a few weeks ago and though he had seemed to be recovering, suffered a more severe stroke yesterday.

Nationalists from many different groups and generations had come to rely on Tony, who fearlessly printed material that radically challenged the stranglehold of the British political establishment, and also assisted European nationalists from countries whose laws are even more oppressive than our own.

Together with his father Alan, a veteran of Sir Oswald Mosley’s British Union, Tony was a member of the Racial Preservation Society, which merged into the National Front in 1967.  In 1976 he joined the National Party, a briefly successful breakaway from the National Front, but both then and later he was always ready to assist fellow nationalists regardless of faction.

In the early 1980s Tony set up the Historical Review Press, which printed important works of revisionist history including The Hoax of the Twentieth Century by Prof. Arthur Butz and Did Six Million Really Die? by Richard Harwood.  This made him a frequent target for Jewish terrorists, who were twice responsible for arson attacks on his printing factory.

During recent years Tony produced many important historical reprints, including works by British nationalist pioneers Arnold Leese and Colin Jordan, and in fact the last time I saw him was at a recent meeting in Paddington where Steve Frost gave an illustrated lecture on Jordan’s life and thanked Tony for preserving his legacy.

Tony’s premature death will shock his many friends in nationalism, and leaves our movement bereft of an invaluable comrade.  A fuller tribute to Tony Hancock will appear in the next edition of Heritage and Destiny.

Nationalist Prisoners Aid

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The Nationalist Prisoners’ Aid Association is a relatively new organisation set up to raise money for UK Nationalist prisoners and their families. It is independent of all political groups and will help all genuine Nationalist prisoners regardless of party alignment.

NPAA activists raised £375 at the ISD Memorial, which was split three ways – two prisoners received £131 each and the rest was put towards getting some badges made up (below), to be sold for a minimum £5 donation each.

We are looking for people to buy the badges, donate money and send us old Nationalist literature which can then be sold on to collectors, etc.

npaabadge

If anyone is interested in helping out, donating or buying the above badge, our contact address is:

NPAA, BCM BOX 7318, LONDON WC1N 3XX
Send well concealed cash or cheques and postal orders made payable to D. ETTRIDGE please.


The defeated Equality Bill contains Harmanesque poison

Harriet Harman sneeringDAILY TELEGRAPH, 26 Jan 2010: Last night the Government was defeated in three key votes on the Equality Bill. The Bill is not all bad. It consolidates into one Bill a lot of anti-discrimination law (some good, some not so good) that is at present scattered across several Acts, making it easier to read and understand.

However, there are within it some really nasty Harmanesque capsules of authoritarian poison, and a prime example of European judicial Imperialism. Last night it was the Churches who were to be the victims, but in a packed House things did not go the way of the Government.

Before the main clash between the Government and the largely religious lobby, the prominent homosexual Labour peer Lord Ali moved some amendments which posed some awkward questions for those of us who do not believe that the state should look into men’s heads and seek to criminalise their thoughts, rather than their actions. Fortunately in the face of the Government’s opposition he did not push his amendments to a vote, although he might do at a later stage.

Link to full article [external site]

Faith schools could be outlawed after Jewish test case, says Balls

EVENING STANDARD, 24 Oct 2009: Faith schools could be stripped of the right to select pupils on the basis of their religion, the Standard has learned.

The Government fears that a landmark court case means 100 state and private Jewish schools are breaking race laws by choosing pupils who conform to their beliefs. Many Christian, Muslim and Sikh schools could also be forced to give equal priority to non-believers or pupils of other faiths.

Lawyers acting for Children’s Secretary Ed Balls are urging the highest court in the land to protect the centuries-old tradition of schools educating children on religious lines. The minister’s warning comes in a submission to the Supreme Court in the case of JFS, a Jewish school in Brent, which is fighting to overturn a ruling that it broke the Race Relations Act.

Read full article [external link]

OFSTED replacing ethnic monitoring forms following complaint

CEP blog, 02Sep09: A month ago a concerned work colleague showed me a copy of an EY2 form issued by the English education standards office, OFSTED, which included an ethnic monitoring form.  The options included White British, White Irish, White Scottish and White Welsh.

Bearing in mind that OFSTED only operates in England, the exclusion of White English from the ethnic monitoring form is inexcusable and when White Scottish, White Irish and White Welsh are included, it is almost certainly illegal under the Race Relations Act.

Read full article [external link]

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