Repeal Canadian Human Rights Act Hate crime section – consultant

By DEBORAH GYAPONG
Canadian Catholic News

OTTAWA — An independent consultant has recommended Parliament repeal the hate crimes section of the Canadian Human Rights Act (CHRA).

In the 45-page report released Nov. 24, University of Windsor law professor Richard Moon recommended Parliament repeal CHRA’s controversial hate crime Section 13 and that prosecution of hate speech be prosecuted only under provisions already in the Criminal Code.

If the federal government implements the recommendation, it would mean an end to the Canadian Human Rights Commission’s (CHRC) prosecution of people who make comments that might be interpreted as exposing an identifiable group to hatred or contempt.

Magazine editor happy

For Catholic Insight editor Father Alphonse de Valk, who has spent more than $20,000 defending his magazine against complaints of homophobia for articles consistent with Catholic teaching, the recommendation is good news.

Though the CHRC eventually dismissed the complaints against Catholic Insight after an expensive process, the complainant has appealed to a higher court.

De Valk said his lawyer has recommended he continue to defend the magazine on appeal because he doubts the CHRC will defend its decision. This means thousands more in legal fees for the small-circulation magazine.

Calgary Bishop Fred Henry said Moon’s report was “welcome news” that took him by surprise.

“It was not what I expected, nor what the CHRC tried to orchestrate,” said the bishop who faced complaints to the Alberta Human Rights Commission in 2005 for a pastoral letter on marriage.

Henry said if implemented, the recommendation would undermine the present activity of the CHRC and eventually erode its authority and mandate.

“I think that this is more than a slap on the wrist as it is indicative of social movement to restrict the activity of thought police who have turned human rights laws from shields into swords,” Henry said.

Joanne McGarry, executive director of the Catholic Human Rights League, said, “This is one more voice saying that the human rights commission should not be in the business of censoring people.”

But both de Valk and McGarry say they are disappointed the government has no plans for immediate action.

Consultation process

Instead of turning this report over to Parliament, the CHRC has launched a consultation process, with a final report expected in mid-2009.

“It’s time for Parliament to act,” McGarry said. “We don’t need any more discussion.”

Justice Minister Rob Nicholson told CFRB Nov. 24 he would look at the report and that he hoped the Commons justice committee will look at it.

Even though Nicholson had voted in favour of a Conservative Party resolution to gut Section 13 at a recent policy convention, he would not say whether he favoured Moon’s recommendation.

Federal and provincial HRCs have engaged in prosecuting Christian expression for decades, from mayors being forced to proclaim Gay Pride Days in the 1990s, to Alberta Youth Pastor Stephen Boissoin’s letter to the editor six years ago, to the complaints against Bishop Henry in 2005.

Moon report

The Moon Report also offered recommendations to tighten up Section 13 should Parliament not repeal it. He recommended changes to the language so it is clear only extreme instances of hateful expression are covered.

CHRC Chief Commissioner Jennifer Lynch told the Nov. 25 National Post: “We can envision Section 13 being retained with some amendments.”

The CHRC exists to protect Canadians from discrimination, she said and she is looking for “fresh thinking” on how to protect them against “exposure to hate on the Internet.”

McGarry said she could see an educational role for the CHRC and government bodies, noting that respect for others and their beliefs are important Canadian values.

“We all have to do what we can to promote respect for others,” she said.

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