As Ezra is still crying into his corn-flakes over the fact that his Speechy revolution crashed and burned in Alberta, and has a snowball's chance in hell of advancing anywhere else in the country, I won't pick on him this morning. Luckily, in the Speechy Wars, Mark Steyn serves as velvet rubber to Ezra's iron dick and, though the whole silly notion that the enforcement of Section 13 has been suspended began with Ezra, Mark picked up the refrain quickly enough:
Indeed. As we've all observed, neo-Nazi website poster Richard Warman is now a busted flush. Justice has not only to be done, but to be seen to be done, and even "human rights" justice can no longer be seen to hang out with such a creepily narcissistic obsessive as Warmfront. But the larger point is, as Ezra says, fascinating. The endgame for Maclean's and me has always been to get this thing to the Supreme Court and have Section 13 and its provincial equivalents struck down. That takes a long time and it's expensive (which is why we encourage you to buy a copy of Shakedown, or take out a subscription to Maclean's).
However, it is a remarkable tribute to the speed with which the law has been "denormalized" (in Ezra's word) that the Tribunal has, in effect, concluded that Section 13 cannot be enforced. Like many laws, it remains on the books, but even the kangaroo courts understand that it can no longer be enforced. It reflects worse on them than on the accused.
Previously, I attempted to debunk this nonsense, but my argument depended on the interpretation given to a number of statements made in the decision to the Warman v. Ouwendyk case . A more direct path to the same conclusion would be a recent example of the CHRT's ordering 13's enforcement.
And, oh look! Here is just such an example--a ruling issued in the Richard Warman v. Canadian Heritage Alliance and Melissa Guille case from April 21, 2009:
...in contrast to the ruling in Warman v. Northern Alliance and Jason Ouwendyk, the ruling in the present case simply suspended the Tribunal's cease and desist order for 30 days pending the motion on the constitutional challenge. After the 30 day period has elapsed (which is presently the case), the cease and desist order comes into effect.
 Ms. Guille and the Northern Alliance are therefore, subject to an order of this Tribunal to cease communicating the material that was found to be contrary to s. 13 of the Act and any material that is similar in content.
So there you have it. Section 13 is still in effect. Ezra and Steyn are still bullshitters.