Let’s Talk About ‘Political Discrimination’

A few months ago, MP Garnett Genuis tabled a bill which would add protections to Canada’s human right legislation for “Political Belief”.  Then, as the Ontario College of Psychologists moved to discipline Jordan Peterson for spreading hatred, he started crying that this was political discrimination, that he was being “persecuted” for his “politics” (spoiler - he’s not).

This concept of “political discrimination” is really little more than another construct to tell the same people who tried to overthrow a government in February 2022 that their grievances are justified.  You will note that Genuis invokes the grievances over COVID, and Peterson tries to globally call his activity on Twitter “political speech”. 

While it is true that politics is always loaded with opinion, we need to recognize that politics can be reasonably informed by facts and evidence. Is Peterson calling a non-binary person “it” a matter of “politics”, or is it simply a mean spirited attack on the person? Are the protests against vaccines based in a sound understanding of the science? I am not going to argue the veracity of those claims here, they are provided to illustrate the issue being raised. 

Politics is a complex space, and it’s no secret that malign actors have been deliberately injecting disinformation and misinformation into our discourse for some time. It’s also not hugely surprising that conservative politicians here are often aligned with the propaganda. 

It is no surprise that it is conservative politicians pushing this narrative now. It’s convenient, it aligns with their ongoing campaign against Trudeau, and it further undermines public confidence in the institutions of democracy. It fits incredibly well with narratives like “the election was stolen”, and the narratives used to justify practices like gerrymandering electoral districts. 

I find it particularly interesting to note that this is coming from an Alberta conservative though.  Political discrimination has been rampant in Alberta for years. Decades of single party conservative rule long ago made it perfectly acceptable for all sorts of activity that could fall under the rubric of “political discrimination”.  

Stories of bosses telling their employees how to vote in elections have been a common occurrence in Alberta for years; an overtly aggressive form of conservatism has long made it very difficult to openly hold perspectives at odds with conservatism (or whatever is wearing that cloak today). Candidates have had their cars sabotaged, and having signs from other parties is also a good way to find your home vandalized.

I’m not saying any of this is good, rather that it is more than passing strange that conservatives are pushing this narrative today, when they’ve actively engaged in creating a political environment in Alberta that supports “political discrimination” for years - without moaning about it once.

Looking at our Charter, an argument could be made that Political Discrimination is in fact protected under a combination of fundamental rights.  In particular, the fundamental rights in S2. I do not think that it could easily be ‘read in’ under S15 because S15 is generally reserved for immutable characteristics of the person, and political perspectives are reasonably subject to change over the course of one’s life. 

To be clear, nobody who lost their job for refusing to be vaccinated did so over “politics”.  They lost their job for failing to comply with a new requirement. Yes, you can moan all you like about whether that’s coercion or not - but it’s not politics.

There are some interesting, and perverse consequences to introducing such a clause into our non-discrimination laws.  For example, political parties (who are employers), would suddenly find it much harder to get rid of an employee whose political beliefs no longer aligned with the direction of the party. Employers would find the murky waters of “political beliefs” being brought up in dismissal suits, and so on. 

In fact, the concept of “Political Discrimination” is so murky that it could be twisted into all sorts of forms.  That means it’s far more of a political weapon today than it is an actual tool.