Wednesday, November 26, 2008

Constitutional Law Expert Richard Moon: Repeal Section 13

It wasn't a blogger this time. Not even a backbench MP or a policy convention delegate. This time it's a constitutional law expert Dr. Richard Moon who has recommended that section 13 of the Canadian Human Rights Act should be repealed and that all complaints related to hate speech should be heard in the court of law.

Ironically, it was the CHRC that picked Dr. Moon to prepare the report on section 13, expecting him to speak in defense of the existing practices. Dr. Moon however chose not to deny the obvious fact, that the Kangaroo courts have gone too far.
Any time a hate speech complaint is investigated, the respondent’s freedom of expression right is compromised, even if the complaint is dismissed by the CHRC at the end of the investigation process. In addition, the operation of section 13 may have what is sometimes called a "chilling effect" on freedom of expression. An individual may be reluctant to publish material that should not and probably would not be caught by section 13 because she or he fears becoming entangled in the section 13 process.
Isn't that something we've all being saying for quite a while now?
Moon’s report is not without its flaws. But it does restate some basic truths to which the CHRC, especially its chief commissioner, Jennifer Lynch, have become blind.
The CHRC is currently seeking public input on the recommendations contained in the Moon Report, as it prepares its own report on "hate speech" and Section 13, which will be tabled in Parliament by mid-2009. Let's make sure they hear from us too.

1 comment:

Anonymous said...

Duh? I'm reasoning as a U.S. lawyer, but duh. Why has this atrocity on due process been going on for 30 years? I just don't understand you guys, apparently.

The idea that crap heads can impose legal fees on innocent people should be a cause of national outrage!!!

Not to mention the unjust "verdicts."

You know of course, that verdict means truth saying.

Come on man! Tell us the whole story...