Saturday, June 07, 2008

Canadian Kafkaesque Kangaroo Court

They're so polite when they restrict freedom of speech. [Link]

MORE ON CANADA'S "HUMAN RIGHTS" KANGAROO COURTS:

Section 7 of the B.C. Human Rights Code is not compatible with freedom of speech and expression in Canada, and should be struck down by a court, if not by the tribunal.

Plus this:

"I'm not happy to be here," said Toronto lawyer Julian Porter, who is representing Maclean's. "We're not entitled under the law the way it's structured to plead truth, fair comment, qualified privilege or intent or standards of journalism."

Porter said that in the Supreme Court of Canada, truth or fair comment is a defence, but that test doesn't apply with the human rights tribunal.

Human rights commissions and tribunals were set up decades ago to deal with discrimination over access of services in housing or employment.

At the start, opponents of such tribunals were what criminologist John Miller called "wing nuts, the white supremacists or fundamental Christians."

No one had much sympathy for them when they complained about the tribunals. Now that Maclean's is targeted, the debate has flowed into larger, broader issues of constitutional rights of freedom of expression, Miller said.

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