The Human Condition: Weeds in the garden

By DR. DANIEL SCHNEE on July 20, 2022.

It is an oft-repeated accusation against conservatives that we are overly interested in “culture wars,” in other words, we are considered guilty of overreacting to what others think are benign aspects of society. While I will admit some of us have made moral outrage a reflex, our concerns are not as flawed as one might assume.

Think of culture like a garden; conservative and liberal-minded people alike going around planting and pruning. Conservatives plant vegetables and liberals plant flowers, each being essential for pollination, nutrition, and so on. Problems occasionally arise when we disagree over what is best for the garden, but in general we maintain a working ecosystem.

The real issue though is weeds; our cultural “weeds” being those plants that harm the garden (or the gardeners) in some way. In that sense conservatives are rightfully pointing out some bad flora, but one of our most eminent gardeners is crying wolfsbane.

The now-legendary Canadian psychologist and former Harvard professor Dr. Jordan Peterson is known for his various Youtube videos and often hardline stances on the social issues of the day. Most notably he was a key voice in drawing attention to what some consider problematic with Bill C-16, which updated Canada’s hate-crime laws to include gender expression and identity. His argument is essentially that the bill’s wording around gender pronouns is authoritarian: it criminalizes the refusal to use the preferred pronouns of a non-binary person, curbs free speech, and will land you a fine or potential jail time. This certainly sounds scary, and Peterson has built a mighty career on the notoriety gained over this particular argument. Great fame and millions of books sold later he continues to rally against Bill C-16, and related issues around freedom of speech.

I sincerely like Peterson (a former Albertan), but there is a giant weed growing in his garden. Contrary to his claims, Bill C-16 added gender identity and expression as amendments to pre-existing law, which means Peterson is wrong: it is not a distinct federal crime to resist using another person’s pronouns. The amendment to Section 718(2)(a)(i) for example allows for statements on gender expression and identity to be considered in the process of sentencing, if such refusal occurred while a person is committing a murder, or sexual assault. Thus, refusing to use pronouns may be rude, but it is not criminal in the manner Peterson continues to claim.

That is not to say that potentially controversial legislation does not exist. Ontario Human Rights Commission policy is worded in such a way that the refusal to use pronouns arguably could lead to punitive fines and mandatory sensitivity training, if that refusal was made in a distinctly hateful manner (which is not so easily proven in court). Still, Bill C-16 does not directly correlate with Ontario rights policy, and neither are in effect in the manner Peterson continues to fear.

I consistently enjoy Peterson’s various videos and interviews. But I fear he is growing immune to self-correction, to the belief that his garden needs ongoing care. Indeed, the Emperor still has clothing on, but these days he is wandering around in his underpants.

Dr. Daniel Schnee is an anthropologist and jazz/rock drummer.

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