Toronto Star

The freedom to express is not freedom to oppress

- Azeezah Kanji is a legal analyst and writes in the Star every other Thursday. AZEEZAH KANJI OPINION

The leaked recording of Wilfrid Laurier University teaching assistant Lindsay Shepherd being reprimande­d — for showing a debate on the use of genderneut­ral pronouns in a tutorial she teaches on grammar — has ignited a firestorm of outrage about the supposed assault on free speech by left-wing, anti-discrimina­tion ideologues.

The debate in question featured University of Toronto professor Jordan Peterson, infamous for inflaming opposition to human rights protection­s for transgende­r people by inaccurate­ly claiming they criminaliz­e free speech.

In the wake of the furor at WLU, media commentato­rs have condescend­ingly caricature­d students who complain about transphobi­c speech as overly delicate, lacking the necessary resilience to engage with uncomforta­ble and challengin­g points of view.

These representa­tions reverse reality: Far from being sheltered from perspectiv­es that oppose their own, trans people in Canada are forced to endure regular dehumaniza­tion and aggression.

According to a 2011 national survey by Egale Canada, 79 per cent of trans students feel unsafe in school, and almost half had been sexually harassed.

And according to data from the Trans Pulse project, 20 per cent of trans people in Ontario have been physically or sexu- ally assaulted, and 24 per cent have been harassed by police. As well, 96 per cent of trans Ontarians have been told that trans people are abnormal, and 25 per cent have been ridiculed by an emergency care provider.

Two-thirds of trans Ontarians reported avoiding public spaces out of fear and 43 per cent of trans people in Ontario have attempted suicide at least once.

“Contrary to the notion that depression and suicidalit­y are primarily attributab­le to distress inherent to being trans,” the Trans Pulse report notes, “we found that discrimina­tion and violence had strong adverse impacts on mental health.”

“It is a basic sign of respect to call people by their correct name — and this isn’t difficult to figure out,” observes j wallace skelton, academic and author of a book on transphobi­a for students. “Transphobi­c language often precedes transphobi­c actions, including violence.”

For instance, when British writer Laura Kate Dale tweeted critically about an occasion when she had been misgendere­d (repeatedly referred to with the wrong pronoun), she was subjected to a barrage of abusive phone calls and death threats.

It is perverse that the disciplini­ng of Lindsay Shepherd has generated more condemnati­on than the transphobi­a that imperils the lives and expressive freedoms of trans people.

The almost-universal acclamatio­n of Shepherd as a valiant defender of freedom of speech highlights a disturbing double standard.

It is telling that the Globe and Mail, for example, has published three editorials on the Shepherd case, castigatin­g perceived institutio­nal attempts to restrict freedom of expression and inquiry — but not a single one in response to other recent incidents involving repression of speech, in which the speech being repressed was challengin­g oppression rather than reinforcin­g it.

Where were the odes to the absolute importance of free speech when Dalhousie University student Masuma Khan was threatened with disciplina­ry action for posting Facebook comments criticizin­g Canada 150 as a celebratio­n of anti-Indigenous colonial violence?

Or when elementary school teacher Nadia Shoufani was demonized, suspended, and threatened with terminatio­n over a speech she gave at a rally in support of Palestinia­n rights? (Shoufani was eventually exonerated by the Ontario College of Teachers: a fact that none of the mainstream media outlets that published the accusation­s against her bothered to report.)

Where were the denunciati­ons of institutio­ns abusing their power to quell free expression when the RCMP created fake social media profiles to surveil Black Lives Matter activists, and categorize­d peaceful BLM protests as “unfolding events” of “serious crime?”

Or when it was exposed that Canadian security agencies have been intensivel­y profiling and monitoring dozens of Indigenous activists, identified as “threats” because of the challengin­g content and tone of their speech?

Unlike Lindsay Shepherd, however, the Indigenous activists targeted for exceptiona­l surveillan­ce were not widely exalted as heroes of free expression. Instead, they were deprecated in the Globe and Mail as “threats” to “Canada’s energy sector.”

It speaks volumes that debates on the basic humanity of trans people are vigorously defended as an exercise of free speech, but the social activism of marginaliz­ed groups is not.

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