Earlier this month, members of this editorial board sat down with the CJC to discuss this issue. As expected, no one on either side changed their mind. But we were impressed to see the CJC acknowledge that, in certain cases, the current system had been improperly exploited to advance meritless complaints. We were also impressed that the CJC is mulling the possibility of endorsing changes to Section 13(1) that would require the attorney-general’s approval before complaints could go forward.
Racheting down agency powers under Section 13(1) and reforming the human rights commission’s staffing policies would both be welcome steps. But they are not enough: Section 13(1) must be eliminated altogether.