Support Resolution 203

Conservatives please note:

Support Policy Resolution P-203

PROPOSED BY VICTORIA AND KELOWNA - LAKE COUNTRY

iii) The Conservative Party supports legislation to remove authority from the Canadian Human Rights Commission and Tribunal to regulate, receive, investigate or adjudicate complaints related to Section 13 of the Canadian Human Rights Act.

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“We strongly support those members of the Conservative Party of Canada who seek to repeal Sections 13 and 54 of the Canadian Human Rights Act.

Sections 13 and 54 of the Canadian Human Rights Act are a direct attack on the freedom of expression guaranteed to us under the Charter of Rights and Freedoms. The provisions of these sections allow the Canadian Human Rights Tribunal to prosecute anyone alleged to have said or written something “likely to expose a person or persons to hatred or contempt” whether there is a living, breathing victim or not.

Vague concepts such as speech or writing “liable to cause hatred or contempt” are the basis of expensive state-funded prosecution of individuals. The statute provides no objective legal test for “hate” or any objective means of determining what constitutes “contempt”. As a result, the CHRC is used by various groups and individuals, as a risk-free taxpayer funded method to silence their critics and those they disagree with. CHRC investigators have testified that that “freedom of speech is an American concept” and therefore not valid in Canada . Such statements are contrary to the Charter of Rights and Freedoms but are standard operating procedure at the CHRC.

Commissioners of the Canadian s Human Rights Tribunal, who are not judges and are often not even lawyers, have held that “truth” is not a defence against prosecution under Section 13. Intent or fair comment are also not defenses. In fact, there is not a single listed defence under Section 13! Because of the lack of any defenses, the Tribunal has a 100% conviction rate since 1978. The Canadian Human Rights Tribunal routinely ignores the principles of fundamental justice, such as the rules of evidence, and these kangaroo courts, even allow hearsay evidence. The CHRA provides for each Tribunal to make up the rules as they go.

Every journalist, writer, Internet webmaster, publisher and private citizen in Canada can be the subject of a Human Rights complaint for expressing an opinion or telling the truth. Given the ambiguity of Section 13, it is virtually impossible for any individual to determine if they might be in violation of Section 13. Arbitrary censorship and punishment are wrong, and cannot be justified in a free society.”
“We strongly support those members of the Conservative Party of Canada who seek to repeal Sections 13 and 54 of the Canadian Human Rights Act.

Sections 13 and 54 of the Canadian Human Rights Act are a direct attack on the freedom of expression guaranteed to us under the Charter of Rights and Freedoms. The provisions of these sections allow the Canadian Human Rights Tribunal to prosecute anyone alleged to have said or written something “likely to expose a person or persons to hatred or contempt” whether there is a living, breathing victim or not.

Vague concepts such as speech or writing “liable to cause hatred or contempt” are the basis of expensive state-funded prosecution of individuals. The statute provides no objective legal test for “hate” or any objective means of determining what constitutes “contempt”. As a result, the CHRC is used by various groups and individuals, as a risk-free taxpayer funded method to silence their critics and those they disagree with. CHRC investigators have testified that that “freedom of speech is an American concept” and therefore not valid in Canada . Such statements are contrary to the Charter of Rights and Freedoms but are standard operating procedure at the CHRC.

Commissioners of the Canadian s Human Rights Tribunal, who are not judges and are often not even lawyers, have held that “truth” is not a defence against prosecution under Section 13. Intent or fair comment are also not defenses. In fact, there is not a single listed defence under Section 13! Because of the lack of any defenses, the Tribunal has a 100% conviction rate since 1978. The Canadian Human Rights Tribunal routinely ignores the principles of fundamental justice, such as the rules of evidence, and these kangaroo courts, even allow hearsay evidence. The CHRA provides for each Tribunal to make up the rules as they go.

Every journalist, writer, Internet webmaster, publisher and private citizen in Canada can be the subject of a Human Rights complaint for expressing an opinion or telling the truth. Given the ambiguity of Section 13, it is virtually impossible for any individual to determine if they might be in violation of Section 13. Arbitrary censorship and punishment are wrong, and cannot be justified in a free society.”