The Internet Is Full Of Bigots

From 25 Years Under the Charter (Conference), April 17-20, 2007:

Racial and religious hatred is, unfortunately, as old as humankind itself, and the Internet, by its nature, defies geographic boundaries and national laws. Put together, this creates a formidable challenge to those whose mandate it is to combat hate. Sometimes the task has been compared to trying to empty the sea with a spoon.

The rest.

Celebrating The End Run

From 25 Years Under the Charter (Conference), April 17-20, 2007:

Despite its jurisdictional limitations, section 13 can have considerable power as a practical tool. Because it is human rights law, and not criminal law, the motivation of alleged hate promoters is not a factor. Human rights law is concerned with the impact of discrimination on citizens, not with the reasons that motivated the perpetrators. 

This, in addition to the different burden of proof required in human rights cases, generally means that it is easier to proceed under the CHRA than the Criminal Code provisions dealing with hate promotion.

The rest.

Hey, Oregon. Welcome Back To The Party

For the first time in five years, Portland will have a place for people to discuss sensitive social issues such as racial profiling, sexual discrimination, hate crimes and ethnic misunderstandings. The council established an Office of Human Relations that would oversee a new Human Rights Commission as well as an existing police Racial Profiling Committee.

The rest.

The Untouchable OHRC

Oren Nimelman By Next Friend Cheryl Katz et al. v. OHRC et al.

Cheryl Katz brought an action against the Ontario Human Rights Commission for breach of rights under the Charter of Rights and Freedoms, breach of statutory duty, abuse of public office and malicious conduct.

Result at the Superior Court of Justice: The Court dismissed the claim, finding that there was no reasonable cause of action. The Court restated an earlier Court of Appeal decision that held that the Commission is not an entity that can be sued for damages. This also excludes the Commission from an action of vicarious liability for the actions of its employees.

The rest.