News

By Patrick B. Craine

ST. JOHN'S, Newfoundland, August 12, 2009 (LifeSiteNews.com) – The Catholic Women's League of Canada (CWL) passed a resolution on August 12th urging the Canadian government to repeal the hate speech section of the Canada Human Rights Act (CHRA).  The resolution was adopted by the CWL at their 89th Annual National Convention in St. John's.

Section 13 of the CHRA covers communications that are “likely to expose a person or persons to hatred or contempt.”  The clause has been the subject of growing criticism as limiting freedom of expression. In the past few year a number notable cases have occurred where Christians have been subject to commission proceedings after expressing their faith convictions against the homosexualist agenda. There have also been the high pro-life cases against conservative publisher Ezra Levant and popular columnist Mark Steyn.

In response to the growing problems, Liberal MP Keith Martin proposed a motion last year in an attempt to have the section removed.  According to Martin, “Some of the actions that they've [the HRCs] been taking of late have been very disturbing I think to a lot of us and to a lot of Canadians.  So that's why I put forth the motion to remove Section 13(1).”

Afterwards, in the same year, the Canadian Human Rights Commission (CHRC) hired constitutional law expert Professor Richard Moon to prepare a report on the hate speech section of the Act.  Surprisingly, Prof. Moon'sreport, issued last fall, recommended that section 13 be repealed.  The CHRC has effectively ignored his report, however, and issued a new one, proposing various measures that critics have deemed “superficial.”

At the Conservative Party convention last fall, the Party passed almost unanimously a resolution to remove section 13.

In their resolution, the CWL calls on the government, first, to limit cases dealing with hate to the Criminal Code, and second, to repeal the section dealing with hate in the Canadian Human Rights Act. 

The members base their resolution on the fact that the CHRA requires “a low burden of proof,” which can wrongly inflict damage upon innocent individuals, in comparison to the Criminal Code, which also begins with the presumption of innocence. 

“Resolved,” the resolution reads, “That the national council of The Catholic Women's League of Canada, in 89th annual national convention assembled, urge the federal government to:

“1) restrict proceedings on matters of hate solely under the Criminal Code; and

“2) repeal section 13 of the Canadian Human Rights Act entitled Hate Messages.”

They note in an accompanying brief that the Code requires proof “beyond a reasonable doubt,” whereas, they say, the CHRA uses “the lower civil standard of balance of probabilities.”  Further, strict rules of evidence are enforced under the Code that are not under the CHRA, and, as they say, “the Criminal Code excludes persons who in good faith expressed or attempted to establish by argument an opinion upon a religious subject.”

“There is a significant difference between the provisions of s.13 of the CHRA and s.319 of the Criminal Code,” they continue.   “The Criminal Code proscribes incitement or promotion of hatred but the CHRA uses the phrase 'hatred or contempt'.

“The word 'contempt' does not appear in the Criminal Code and would appear to be a less severe standard of conduct than hatred,” they add. “The use of the word 'likely', along with the addition of the term 'contempt' establishes a much broader scope for the provision of s.13 of the CHRA than those of s.319 of the Criminal Code, especially combined with the broad provisions and mandate of the CHRA and the CHRC.

“This has the potential to allow frivolous and harassing complaints,” they say.

CWL's resolution is being offered in response to the call for input from the parliamentary Standing Committee on Justice and Human Rights, who are conducting an internal review of s. 13 based on the recommendations of the Moon report.

See related LifeSiteNews.com coverage:

Christian Political Party Before Human Rights Commission for Speaking Against Homosexuality
https://www.lifesitenews.com/ldn/2007/nov/07112706.html

Human Rights Commission Drops Complaint Against Catholic Magazine
https://www.lifesitenews.com/ldn/2008/jul/08070407.html