Did the CRTC rewrite history?

CRTCMichael Hennessy has recently started blogging and he points to a blog post by Stephen Taylor that found that the CRTC amended its new media decision (Broadcasting Regulatory Policy CRTC 2009-329), excising a paragraph from the concurring opinion that was written by Commissioner Tim Denton.

Apparently, the following quote was removed:

The history of the regulation of speech in this country does not engender confidence that such powers will be used wisely. Canada has experienced several instances in recent times where regulatory commissions of another type and armed with a different mission have challenged the right to say controversial things. The struggles of Ezra Levant14, Mark Steyn15 and others have served as important warnings that regulatory authorities charged with combating racism, hatred, and other evils have consistently expanded their mandates, have abused their powers and eroded fundamental liberties. Wherever there is official orthodoxy, disagreement is heresy, and where there is heresy, there is usually an inquisition to root it out. After centuries ridding ourselves of thought control agencies, 20th century Canada re-invented them.

The original version was cited by Mark Steyn on his blog, who nominated Denton to head up the CHRC. Steyn also picked up the issue of the removal of the paragraph.

While one might wonder whether this paragraph should have ever been in a CRTC decision, the usual way the CRTC has amended an officially released document is to issue an amendment, erratum, correction – usually by means of a “dash” order – resulting in say, Broadcasting Regulatory Policy CRTC 2009-329-1.

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