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CHRC Censorship and Abuse
Charts on how Section 13 is used and abused
The charts that were produced are shocking.
Section 13 is the part of the Canadian Human Rights Act, which gives the power to the fanatical CHRC to censor words on the Internet and telephone answering machines. The rest of the human rights act deal specifically with actions. The over-riding objective of the Canadian Human Rights Act is to prevent persons from being denied shelter, food and employment on the basis of such things as race and religion. Section 13 is an anomaly in the Act, and needs to be removed.
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This chart shows that Section 13 is only a tiny portion of the complaints received by the Canadian Human Rights Commission. While Section 13 amounts to only a small 1% of complaints received, yet the CHRC considers it a high priority and assigns a huge amount of their resources on these cases.
Before the CHRT, the CHRC has acted as a public prosecutor. It has called factual witnesses as well as expert witnesses at no cost to the complainants. With respect to Section 13 complaints, the complainant is called by the CHRC as a witness (even tho the complainant is a party himself) and he has had his considerable expenses, including air fare, meals and hotels, paid together with witness fees.
The CHRC acting as public prosecutor is highly unusual compared to any other section of the Human Rights Act, where CHRC lawyers would only be involved in a small handful of cases every year, and generally do not pay all the expenses. In other words, Canada has a general population that deals well with expression, values the right to expression and does not experience the harm that is said to justify section 13.
This is a chart of all other Sections of the Canadian Human Rights Act - excluding Section 13. Of the 5603 cases the Canadian Human Rights Commission has investigated, a high percentage - 64% are dismissed or settled at this stage.
Only a small, 11% were accepted and sent on to a Canadian Human Rights Tribunal hearing.
This is a breakdown of Section 13 complaints received by the CHRC (* See note below). Only a tiny percentage (8%) of cases received are dismissed or settled. Compare that to the previous chart where 64% of cases are dismissed or settled.
The number of 68% of all Section 13 cases being sent to the Tribunal is in stark contrast to the rest of the Canadian Human Rights Act. In all other (non-Section 13) cases, only a mere 11% are sent on to a Tribunal.
’s "human rights" legislation was only envisioned as "remedial" in nature. Remedial
is defined by
In a 1990 ruling by the Supreme
Court of Canada in the
CHRC cases face two guideposts. The first is a decision by the CHRC to send a case to the Tribunal, the second is a hearing before the Tribunal. At both stages, cases can be mediated.
For Section 13 cases, that have been sent on to the Tribunal, only a tiny number (10%) of them are mediated. This shows that the law is political and used to punish people.
For non-Section 13 cases, the number of mediated cases is huge. Up to 86% in 2006.
That really means that. Of the 11% of CHRC cases that went to a tribunal, 86% are mediated. Only an incredibly tiny number of non-Section 13 cases actually have to undergo a Tribunal hearing.
Most Section 13 cases actually go to a hearing. 68% of all complaints sent by the CHRC, then of those sent by the CHRC, a full 90% end up at a Tribunal hearing.
As journalist Ezra Levant has pointed out. The process itself has become the punishment. And this is especially so for anyone accused under Section 13.
Since 1979, a full 90% of respondents under Section 13 have not been represented by legal counsel. Most of the people dragged before Tribunals can be classed as poor to extremely poor.
This shows that the case law and precedents that now make up the history of Section 13 were done on the backs of poor people and those that could not even afford to be represented by a lawyer. Because the system is very legal and complicated, many respondents who could not afford a lawyer, chose not to even bother to appear.
Legal precedents determine how a law is used and what it becomes.
These precedents are now being used against respondents like Macleans Magazine, Catholic Insight and many others. The chill on freedom of expression by these repulsive precedents is completely unacceptable.
Section 13 is not wanted by most Canadians. After the first persecution under the act. 9-10 years passed before another hearing took place.
Since 2002, all of the cases on the above chart represent only complaints by Richard Warman.
This law has now become Warman's Law.
But do any average Canadians want this law? With 200+ newspapers editorials and opinions pieces since 2007 demanding the repeal of Section 13, it is clear the answer is a resounding NO.
This is a chart of people who have filed complaints with the CHRC and have been referred to the Tribunal.
Each of these cases have a separate and unique file number with the Canadian Human Rights Commission. (IE: The CHRC class them as individual complaints)
This shows who is using the law, and how many times they have used it.
In the case of Richard Warman his complaints are:
This chart is an analysis of all cases where a Tribunal decision has been rendered since 1979.
This shows who is using the law.
64% of all complainants are by organizations and people who are lobbyists for a certain viewpoint.
This chart shows that this law is being used to silence people at the behest of special interest groups.
Challenge of Section 13
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