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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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The Options: Reform, Replace, or Remove PDF Print E-mail

Given that Canada's human rights commissions and tribunals are infringing upon our fundamental rights of speech, religion, assembly, association, conscience, and more, what can be done to address this problem? Here are the options (please note that these options do not constitute legal advice):

Reform:

Make amendments to the parts of the provincial and federal human rights codes that have most severely infringed upon our fundamental freedoms. First and foremost would be the removal of the infamous Section 13 from the federal code and similar sections in the provincial codes which target anything that "is likely" to cause hatred and contempt, regardless of whether it actually does.

Advantages: The need for change has broad support, and small amendments will be much easier to implement than replacement.  The Codes can continue to be used with only the needed changes, as opposed to starting over with new codes.  Those employed within the commissions maintain their positions with little disruption.  The end result is positive change with less resistance than removal or replacement.

Disadvantages: The various problems run so deep within the very structure of the commissions and tribunals that even numerous changes to the codes will not solve them all.  The Commissions will still have the leeway within their mandate to continually broaden their scope. Frivolous cases will continue to be brought before a Tribunal rather than deflected to justify the Tribunal’s existence and provide the workload to further increase the size of the bureaucracy.  Cases brought before a Tribunal will still be adjudicated by individuals who are unqualified to adjudicate in a real court which has statutory qualifications for appointment.  This will result in poor judgments being appealed in real courts and overturned by qualified judges.

Replace:

Minor changes aren’t enough when the entire structure is corrupt.  What is needed is the abolishment of the HRC's and the creation of new structures(provincially and federally) that are much more limited in scope and accountable to traditional standards of justice.

Advantages: The existing Commissions and Tribunals can be disbanded ending their excesses.  The employment of ideological commissioners and adjudicators can be terminated.  New codes can be written, creating a new system that has a similar aim to the original intention of the human rights commissions and tribunals while only minimally infringing on fundamental freedoms guaranteed in the Charter.  The new codes can ensure equal treatment of both complainants and defendants in a conciliatory manner. The relationship between the commissions and tribunals can be reformed to address the current conflict of interest that results in frivolous complaints and the ever increasing size of the bureaucracy.  Statutory qualifications can be made for adjudicators on the tribunal to ensure proper administration of Canadian law, the Charter of Rights and the newly written Codes.  The new ‘commission’ will serve its intended purpose resulting in justice served and a substantial long-term cost savings.

Disadvantages: Replacement will be drastic and have short term costs.  The existing system will be disbanded disrupting the cases currently under investigation and jeopardizing the employment of existing investigators and adjudicators.  It will take time to fill a new tribunal or Human Rights Court that has statutory qualifications for appointment, with qualified adjudicators/judges. In addition, a new bureaucracy will still be created, which will be prone to expanding its mandate and justifying its existence. The new system will still pose some of the same problems as the current one. History should teach us that the very idea of human rights commissions and tribunals are liable to be exploited into powerful tools that advance the agendas of activists rather than protect human rights.

Remove:

"As long as the commissions exist, even in skeletal form, the temptation to rebuild them as agencies of social control will remain and will almost certainly be too much for some government to resist." Nigel Hanniford, FCPP Policy Series No. 45. Other commissions, laws, and codes already exist to address genuine violations of human rights. The HRC's and HRT's are unnecessary in today’s society and should be done away with.  Crimes committed against genuine human rights can be brought before a judge in a real court.

Advantages: Frivolous complaints will cease as there will no longer be the incentive of no-cost complaint filings. There will be no commission or tribunal needing to expand or justify its existence saving millions of dollars annually.  Government interference in private individual’s lives by means of the human rights commissions and tribunals will be halted.  There will no longer be “protected groups” that have special protections not offered to the rest of Canadians putting an end to the reverse discriminatory practice of affirmative action.  New prohibited grounds for discrimination will not be created without democratic consent. 

Disadvantages: Some claim that there are still systemic problems with racism and bigotry in our society that, when unchecked, will grow to become a serious problem. Minor issues, such as discrimination in accommodation and services, will not be dealt with due to the high cost of bringing a complaint to the courts. There will also be a significant deterrent to filing human rights complaints in the courts due to the costs that can be awarded to the defendant if the case is found to be frivolous. Abolition of the commissions and tribunals would remove mediation and conciliation, as the courts approach these issues on an adversarial basis.

Looking for more details about how to reform, replace, or remove the commissions and tribunals? Click here for suggestions.


Stand up for Freedom Canada welcomes all legislative efforts that seek to address the problems of the provincial and federal human rights commissions and tribunals. However, we remain unconvinced that reforms, especially those proposed by the commissions and tribunals themselves, are sufficient to address the magnitude of the problems that are entrenched in the current system. We challenge interested readers to make a case for their continued existence in light of the problems and options outlined on this site.  Send us your argument and we will consider posting it online ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ).
 
Copyright by Human Rights Commissions 2010 to Present