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Discrimination versus association Discrimination versus association This writer hits the nail on the head. Our society (or more accurately, our political elite and our human rights professionals) are so afraid of the idea of discrimination, that even when “discrimination” is totally justifiable or even, dare I write it, good, then the gloves come off, the human rights police are dispatched and the offendi... Read more
Racism and discrimination: where are we headed? Racism and discrimination: where are we headed? Racism is an awful reality of life, something no government or society has yet been able to eradicate. Racists and their ilk attack something that is intrinsic to human life and human personhood, something that is sacred. This week we celebrate the 50th anniversary of the famous “I have a dream” speech, Dr. Martin Luther King Jr.’s impas... Read more
A common sense approach to idiocy A common sense approach to idiocy This is a sad story of a despicable and cowardly person who anonymously wrote a hateful letter to her neighbour. In it, she ranted about the neighbour’s autistic grandson, telling her that the boy, a “wild animal”, ought to be euthanized. As Liberal Senator Jim Munson, an autism advocate, said, “This is a crime of ignorance and a crime o... Read more
The right to procedural accommodation The right to procedural accommodation This short explanation on the right to procedural accommodation is a bit more technical but worth working through. I'll attempt a brief summary: at the federal level, the Canada Human Rights Act does not require a duty of federal employers to make special accommodations for employees procedurally if it has demonstrated that it has a bona ... Read more
I like the other discrimination test better I like the other discrimination test better The Ontario Court of Appeal has overturned a decision by the Divisional Court which overturned a race discrimination claim by the Ontario Human Rights Tribunal. The Court of Appeal has confirmed that the test for finding discrimination under the Ontario Human Rights Code does not require that the discrimination be intentional. The Story:... Read more
In racism claims, preference given to allegations over conclusive proof In racism claims, preference given to allegations over conclusive proof In racism claims, it seems the BC Human Rights Tribunal gives preference to allegations of racist behaviour (by visible minorities) over conclusive proof of non-racist behaviour (by corporations or members of the visible majority). In a rather rich ruling, Tribunal member Norman Trerise found that the Shark Club of Langley discriminated a... Read more
Watch what you post on Facebook! Watch what you post on Facebook! A number of years ago, I once jokingly said that maybe one day even Facebook posts would be subject to Human Rights complaints. I guess I forgot to knock on wood. Earlier this summer the Human Rights Tribunal of Ontario found a disgruntled employee guilty of racial harassment in the workplace for calling her manager a “dirty Mexican”. Wh... Read more
You kinda need evidence before ruining a corporation's reputation You kinda need evidence before ruining a corporation's reputation The Supreme Court in B.C. had to overturn a B.C. Human Rights Tribunal ruling this week, a ruling that found a shipyard company guilty of discrimination. Why the reversal? Well, said the judge: “There was no evidence capable of proving the case of discrimination before the tribunal.” Victoria Shipyards highly values its reputation as a f... Read more
The human right to walk topless wherever you want The human right to walk topless wherever you want I was going to open this post by complaining about the derogation of real human rights or the continuing absurdity of Canada’s “human rights” complaints, but that line is starting to get a little repetitive (see some of the recent stories below). Basically, this lady thinks she has a government enforceable human right to walk wherever she... Read more
The diminishing of human rights continues The diminishing of human rights continues The human right to lug your bulky baby carriage wherever you darn well please, including into private establishments, has been threatened. Awful, isn’t it? How could such an assault on freedom and liberty and human rights still be possible in a progressive country such as Canada? (I hope our dear readers can note the heavy sarcasm…) A sm... Read more
This is starting to get ridiculous... This is starting to get ridiculous... Not again?! This is starting to get ridiculous. Correction: it already was ridiculous; this is starting to become asinine. There is no fundamental human right to the barber of your choice! I thought that a similar complaint in Toronto a few months back about this alleged fundamental human right of getting-a-hair-cut-by-the-barber-of-you... Read more
Diatribe read by unintended recipient costs man $8,000 Diatribe read by unintended recipient costs man $8,000 The Quebec Human Rights Commission has ordered a man to pay “moral and punitive” damages to a woman who was begging outside a liquor store. The case, which stretches over the past three years, involves an irate customer of the SAQ liquor stores, named Delisle, who wrote a diatribe about panhandlers outside these venues, in particular a Ms... Read more

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Wednesday, 14 August 2013 11:40

A number of years ago, I once jokingly said that maybe one day even Facebook posts would be subject to Human Rights complaints. I guess I forgot to knock on wood.

Earlier this summer the Human Rights Tribunal of Ontario found a disgruntled employee guilty of racial harassment in the workplace for calling her manager a “dirty Mexican”. While that’s a mean, even racist, thing to say, I am nevertheless flabbergasted by the ruling for three reasons:

1. The employee posted this message on her private Facebook page after she got home from work. Furthermore, she never actually named her employer! Somehow that counts as “harassment in the workplace” and deserves censure by the State.

2. If the manager doesn’t like the way his employee is acting, fire her! That should be his responsibility and right. But to go whining to the State about hurt feelings, humiliation and injured dignity and then ask the State to rearrange their work schedules in order to avoid further “workplace harassment” seems downright silly. (The manager actually asks for this: see para. 13 of the decision here.) Would you like the State to sweep the floors and stock the shelves for you too, sir?

3. The third thing that blows my mind is that the Tribunal actually took the case at all. I don’t want to know how many of our tax dollars went into this complaint. Note that the complaint would first have been vetted by the Commission, using up expensive resources there, and then gone on to the Tribunal. Members of the Tribunal are paid quite well and this complaint involved a number of hearings and rulings (not to mention the cost of the recording clerk, the registrar, the rental of space, etc.) Do taxpayers really need to be spending thousands of dollars on this trivial nonsense when Ontario is struggling with an annual $36 billion deficit and a $253 billion debt??

Anyway, the lesson here is… well, watch what you post on Facebook and it’s time to either reform or scrap this expensive bureaucracy.

 
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