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Contents
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152 Carlton Street PO Box 92545 Toronto, Ontario M5A 2K1 Canada
Canadian Association For Free Expression
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Canadian Constitution Foundation Seeks Intervener Status in CCF wants an end to the censorship of the
Canadian Human Rights Commission On The CCF in it’s application written
by counsel Desmond P. Burton-Williams, sets out several key arguments
which highlight why Section 13 is totally unconstitutional and needs to be
removed from Canadian law books. One
of their key arguments is that Section 13 is nothing more than a
quasi-criminal statute without any of the protections of criminal
legislation. As well Section
13 is vague and impossible to apply unless the trier of fact speculates as
to the cause and effect of speech. PDF of the CCF's Motion available HERE
Key points
by the CCF of the motion to intervene are: 'The
Foundation is a citizen-based organization with supporters across The Foundation is a
credible, trustworthy and objective organization that has expertise and a unique perspective on the application of the
Canadian Constitution and the ideals expressed therein, including its
essential characteristic: that the Constitution of Canada is the supreme
law of Canada, and any law,
government measure or common law principle that is
inconsistent with the provisions of the Constitution is, to the
extent of the inconsistency, of no force or effect. Submissions to be
made by the Foundation This challenge
directly involves important constitutional principles, including
jurisdiction and the clarity of legislation. Understanding these issues and acting within their
prescribe boundaries allows for governance without unnecessarily intruding
into the rights of
citizens. The resolution of these issues allows government to be effective
in what it does by establishing clarity of purpose while eliminating
dueling and competing public activities and actors. Generally speaking
this leads to efficiency in government while securing the liberty of
Canadians. The Foundation will
argue that Section 13 of the Canadian
Human Rights Act mirrors Section 319 of the Criminal Code of
Canada and thereby places the Tribunal in the unintended position of
acting as law enforcement
and the court as they
relate to criminal matters. Enforcement of Section 13 of the Canadian Human Rights Act by the Tribunal has the effect of finding
one liable for an indictable offence minus the indictment, as the
ability to lay an indictment falls only within
the jurisdiction of the Crown. This instance of jurisdictional
trespass by the Tribunal leaves law enforcement and the courts confused as to where their respective jurisdictions lie.
The application of Section 13 also has
the effect of leaving the public in a state of ambiguity with
respect to the criminal status of persons charged under it. The Foundation will
argue that the wording of Section 13 as it relates to '"persons being exposed to racial hatred" as a result
of speech is not
only vague, but difficult if not impossible to apply unless the trier
decides to speculate as to
the issues of cause and effect. The offense dealt with by Section 13 of the Canadian
Human Rights Act
is identical to an indictable offense as described in the Criminal Code of Canada.
The standard of proof as prescribed in criminal law is very high in
keeping with the stigma effect of a criminal conviction. By contrast the
standard of proof for the Tribunal is far lower, yet the effect of being
found to be a "bigot", as a finding
of Section13 liability does, would inevitably follow. The Foundation will
argue that the Tribunal has not been authorized to usurp the criminal law powers of the state, and that laws that are
vague ought to be declared void for being such, in keeping with established precedent. The Foundation will
take the position that, to the extent that any limitations placed on
freedom of expression by Section 13 of the Canadian
Human Rights Act infringes upon constitutional rights, and that due to the aforementioned
flaws in its application as well as its composition, the infringement cannot
be justified under Section 1 of the Charter. The Interest of
the Foundation in These Proceedings The Foundation has a
legitimate interest in the issues raised by this application. As stated above, the impugned statute allows the
Tribunal to act in a manner that violates the constitutional rights of
Canadians, and to do so with sweeping powers and dubious authority. The Foundation is
gravely concerned that arguments advanced by Richard Warman, if adopted by this Tribunal,
will result in the Canadian Human Rights Commission having the ability to
violate the Constitution with impunity and without consequence. The
Foundation submits that remedies to the aims sought by Section 13 of the Canadian
Human Rights Act
already exist
in the Criminal Code
of Canada and can be derived from the
realm of public debate, where it constitutionally belongs. The Foundation’s
Unique Perspective Our
Foundation brings a unique perspective and approach to the
issues raised in this application,
and has a broader interest in these proceedings than the specific interests being
pursued by the respondent. We will not duplicate the submissions of
The Foundation is not
clouded by personal, social or political agendas in its understanding of
the Canadian Constitution. Rather, it brings clarity of purpose to any
constitutional debate by promoting the ideals expressed in the
Constitution itself without reference to extraneous considerations [Signed] Desmond P.
Burton-Williams Counsel Canadian Constitutional Foundation
PDF
of the CCF's Motion available HERE This
application for Intervener Status by the Canadian
Constitutional Foundation has been made to the Canadian Human Rights
Tribunal. The next steps are
for the parties to make submissions on this application.
Finally the Tribunal will decide. Closing
arguments in the Lemire Constitutional Challenge are fast approaching, and even with
the CHRC just today ( The
Tribunal has it’s marching orders from above, and those orders are to
stop the absolute demolishing of the CHRC by Please
watch the Freedomsite for updates on the CCF’s application for
Interested Party status, and those who are members of the CCF should send
in a letter of appreciation. But
the big question still remains.. where is Borovoy and the Canadian Civil Liberties Association.
He has been getting press from coast to coast talking about the
CHRC, but where is he?
In they won’t intervene at the most important juncture on a
serious challenge of the validity of Section 13.. IF
NOT NOW…. WHEN?
Groups,
Writers and
Constitutional
Challenge of Section 13 http://www.stopsection13.com/constitutional_challenge.html
Support Marc Lemire's Constitutional Challenge
Be part of our team and contribute what you can to defeat this horrible law and protect Freedom of Speech in
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