

Currently released so far... 12478 / 251,287
Browse latest releases
2010/12/01
2010/12/02
2010/12/03
2010/12/04
2010/12/05
2010/12/06
2010/12/07
2010/12/08
2010/12/09
2010/12/10
2010/12/11
2010/12/12
2010/12/13
2010/12/14
2010/12/15
2010/12/16
2010/12/17
2010/12/18
2010/12/19
2010/12/20
2010/12/21
2010/12/22
2010/12/23
2010/12/24
2010/12/25
2010/12/26
2010/12/27
2010/12/28
2010/12/29
2010/12/30
2011/01/01
2011/01/02
2011/01/04
2011/01/05
2011/01/07
2011/01/09
2011/01/10
2011/01/11
2011/01/12
2011/01/13
2011/01/14
2011/01/15
2011/01/16
2011/01/17
2011/01/18
2011/01/19
2011/01/20
2011/01/21
2011/01/22
2011/01/23
2011/01/24
2011/01/25
2011/01/26
2011/01/27
2011/01/28
2011/01/29
2011/01/30
2011/01/31
2011/02/01
2011/02/02
2011/02/03
2011/02/04
2011/02/05
2011/02/06
2011/02/07
2011/02/08
2011/02/09
2011/02/10
2011/02/11
2011/02/12
2011/02/13
2011/02/14
2011/02/15
2011/02/16
2011/02/17
2011/02/18
2011/02/19
2011/02/20
2011/02/21
2011/02/22
2011/02/23
2011/02/24
2011/02/25
2011/02/26
2011/02/27
2011/02/28
2011/03/01
2011/03/02
2011/03/03
2011/03/04
2011/03/05
2011/03/06
2011/03/07
2011/03/08
2011/03/09
2011/03/10
2011/03/11
2011/03/13
2011/03/14
2011/03/15
2011/03/16
2011/03/17
2011/03/18
2011/03/19
2011/03/20
2011/03/21
2011/03/22
2011/03/23
2011/03/24
2011/03/25
2011/03/26
2011/03/27
2011/03/28
2011/03/29
2011/03/30
2011/03/31
2011/04/01
2011/04/02
2011/04/03
2011/04/04
2011/04/05
2011/04/06
2011/04/07
2011/04/08
2011/04/09
2011/04/10
2011/04/11
2011/04/12
2011/04/13
2011/04/14
2011/04/15
2011/04/16
2011/04/17
2011/04/18
2011/04/19
2011/04/20
2011/04/21
2011/04/22
2011/04/23
2011/04/24
2011/04/25
2011/04/26
2011/04/27
2011/04/28
2011/04/29
2011/04/30
Browse by creation date
Browse by origin
Embassy Athens
Embassy Asuncion
Embassy Astana
Embassy Asmara
Embassy Ashgabat
Embassy Apia
Embassy Ankara
Embassy Amman
Embassy Algiers
Embassy Addis Ababa
Embassy Accra
Embassy Abuja
Embassy Abu Dhabi
Embassy Abidjan
Consulate Auckland
Consulate Amsterdam
Consulate Adana
American Institute Taiwan, Taipei
Embassy Bujumbura
Embassy Buenos Aires
Embassy Budapest
Embassy Bucharest
Embassy Brussels
Embassy Bridgetown
Embassy Bratislava
Embassy Brasilia
Embassy Bogota
Embassy Bishkek
Embassy Bern
Embassy Berlin
Embassy Belmopan
Embassy Belgrade
Embassy Beirut
Embassy Beijing
Embassy Banjul
Embassy Bangkok
Embassy Bandar Seri Begawan
Embassy Bamako
Embassy Baku
Embassy Baghdad
Consulate Barcelona
Embassy Copenhagen
Embassy Conakry
Embassy Colombo
Embassy Chisinau
Embassy Caracas
Embassy Canberra
Embassy Cairo
Consulate Curacao
Consulate Ciudad Juarez
Consulate Chennai
Consulate Casablanca
Consulate Cape Town
Consulate Calgary
Embassy Dushanbe
Embassy Dublin
Embassy Doha
Embassy Djibouti
Embassy Dili
Embassy Dhaka
Embassy Dar Es Salaam
Embassy Damascus
Embassy Dakar
Consulate Dubai
Embassy Helsinki
Embassy Harare
Embassy Hanoi
Consulate Ho Chi Minh City
Consulate Hermosillo
Consulate Hamilton
Consulate Hamburg
Consulate Halifax
Embassy Kyiv
Embassy Kuwait
Embassy Kuala Lumpur
Embassy Kinshasa
Embassy Kingston
Embassy Kigali
Embassy Khartoum
Embassy Kathmandu
Embassy Kampala
Embassy Kabul
Consulate Kolkata
Embassy Luxembourg
Embassy Luanda
Embassy London
Embassy Ljubljana
Embassy Lisbon
Embassy Lima
Embassy Lilongwe
Embassy La Paz
Consulate Lahore
Consulate Lagos
Mission USOSCE
Mission USNATO
Mission UNESCO
Embassy Muscat
Embassy Moscow
Embassy Montevideo
Embassy Monrovia
Embassy Minsk
Embassy Mexico
Embassy Mbabane
Embassy Maputo
Embassy Manila
Embassy Manama
Embassy Managua
Embassy Malabo
Embassy Madrid
Consulate Munich
Consulate Mumbai
Consulate Montreal
Consulate Monterrey
Consulate Milan
Consulate Melbourne
Embassy Nicosia
Embassy Niamey
Embassy New Delhi
Embassy Ndjamena
Embassy Nassau
Embassy Nairobi
Consulate Naples
Consulate Naha
Embassy Pristina
Embassy Pretoria
Embassy Prague
Embassy Port Of Spain
Embassy Port Louis
Embassy Port Au Prince
Embassy Phnom Penh
Embassy Paris
Embassy Paramaribo
Embassy Panama
Consulate Peshawar
REO Basrah
Embassy Rome
Embassy Riyadh
Embassy Riga
Embassy Reykjavik
Embassy Rangoon
Embassy Rabat
Consulate Rio De Janeiro
Consulate Recife
Secretary of State
Embassy Suva
Embassy Stockholm
Embassy Sofia
Embassy Skopje
Embassy Singapore
Embassy Seoul
Embassy Sarajevo
Embassy Santo Domingo
Embassy Santiago
Embassy Sanaa
Embassy San Salvador
Embassy San Jose
Consulate Strasbourg
Consulate St Petersburg
Consulate Shenyang
Consulate Shanghai
Consulate Sapporo
Consulate Sao Paulo
Embassy Tunis
Embassy Tripoli
Embassy Tokyo
Embassy The Hague
Embassy Tel Aviv
Embassy Tehran
Embassy Tegucigalpa
Embassy Tbilisi
Embassy Tashkent
Embassy Tallinn
Consulate Toronto
Consulate Tijuana
USUN New York
USEU Brussels
US Office Almaty
US Mission Geneva
US Interests Section Havana
US Delegation, Secretary
UNVIE
Embassy Ulaanbaatar
Embassy Vilnius
Embassy Vienna
Embassy Vatican
Embassy Valletta
Consulate Vladivostok
Consulate Vancouver
Browse by tag
AU
ASEC
AE
AF
AORC
AEMR
AMGT
ABUD
AFFAIRS
APER
AS
AMED
AY
AG
AR
AJ
AL
AID
AM
AODE
ABLD
AMG
AFIN
ATRN
AGAO
AFU
AN
AA
ALOW
APECO
ADM
ARF
ASEAN
APEC
AMBASSADOR
AO
ASUP
AZ
AADP
ACOA
ANET
AMCHAMS
ACABQ
ASECKFRDCVISKIRFPHUMSMIGEG
APCS
AGMT
AINF
AIT
AORL
ACS
AFSI
AFSN
ACBAQ
AFGHANISTAN
ADANA
ADPM
AX
ADCO
AECL
AMEX
ACAO
ASCH
AORG
AGR
AROC
ASIG
AND
ARM
AQ
ATFN
AC
AUC
ASEX
AER
AVERY
AGRICULTURE
BL
BR
BO
BA
BD
BM
BK
BG
BU
BB
BH
BTIO
BY
BEXP
BP
BE
BRUSSELS
BF
BIDEN
BT
BX
BC
BILAT
BN
BBSR
BTIU
BWC
BMGT
CA
CASC
CVIS
CM
CH
CO
CU
CD
CWC
CI
CS
CY
CMGT
CF
CG
CR
CB
CV
CW
CE
CBW
CT
CPAS
COUNTERTERRORISM
CJAN
CODEL
CIDA
CDG
CDC
CIA
CTR
CNARC
CSW
CN
CONS
CLINTON
COE
CROS
CARICOM
CONDOLEEZZA
COUNTER
CL
COM
CICTE
CIS
CFED
COUNTRY
CJUS
CBSA
CEUDA
CLMT
CAC
COPUOS
CIC
CBE
CHR
CTM
CVR
CITEL
CLEARANCE
CACS
CAN
CITT
CARSON
CACM
CDB
CAPC
CKGR
CBC
EC
EG
EPET
ECON
ETRD
EFIN
EIND
EMIN
ENRG
EAID
EAGR
EUN
ETTC
EAIR
ENIV
ES
EU
EINV
ELAB
ECIN
EFIS
ELTN
EWWT
ECPS
ECONOMIC
ENGR
EN
EINT
EPA
ELN
ESA
EZ
ER
ET
EFTA
EINVECONSENVCSJA
EUMEM
ETRA
EXTERNAL
EI
EUR
EK
ERNG
ENGY
ETRDEINVECINPGOVCS
ENERG
EINVEFIN
ENVR
ECA
ELECTIONS
ETC
EUREM
ENNP
EFINECONCS
EURN
ECINECONCS
EEPET
EXIM
ERD
ENVI
ETRC
ETRDEINVTINTCS
ETRO
EDU
ETRN
EAIG
ECONCS
ECONOMICS
EAP
ECONOMY
EINN
EIAR
EXBS
ECUN
EINDETRD
EREL
EUC
ESENV
ECONEFIN
ECIP
EFIM
EAIDS
ETRDECONWTOCS
EUNCH
EINVETC
IZ
IT
IR
IS
IN
IC
IAEA
IO
ICAO
IWC
ID
IV
ISRAEL
IAHRC
IQ
ICTR
IMF
IRS
IDP
IGAD
ICRC
ICTY
IMO
IL
INRA
INRO
ICJ
ITU
IBRD
INMARSAT
IIP
ITALY
IEFIN
IACI
ILO
INTELSAT
ILC
ITRA
IDA
INRB
IRC
INTERPOL
IA
IPR
IRAQI
ISRAELI
INTERNAL
ISLAMISTS
INDO
ITPHUM
ITPGOV
ITALIAN
IBET
INR
IEA
IZPREL
IRAJ
ITF
IF
KDEM
KU
KPAL
KNNP
KCRM
KZ
KN
KS
KJUS
KTFN
KSCA
KV
KISL
KPAO
KPKO
KIRF
KTIA
KIPR
KFLO
KFRD
KTIP
KAWC
KSUM
KCOM
KAID
KE
KTDB
KMDR
KOMC
KWBG
KDRG
KVPR
KTEX
KGIC
KWMN
KSCI
KCOR
KACT
KDDG
KHLS
KSAF
KFLU
KSEO
KMRS
KSPR
KOLY
KSEP
KVIR
KGHG
KIRC
KUNR
KIFR
KCIP
KMCA
KMPI
KBCT
KHSA
KICC
KIDE
KCRS
KMFO
KRVC
KRGY
KR
KAWK
KG
KFIN
KHIV
KBIO
KOCI
KBTR
KNEI
KPOA
KCFE
KPLS
KSTC
KHDP
KPRP
KCRCM
KLIG
KCFC
KTER
KREC
KTBT
KPRV
KSTH
KRIM
KRAD
KWAC
KWMM
KFRDCVISCMGTCASCKOCIASECPHUMSMIGEG
KOMS
KX
KMIG
KRCM
KVRP
KBTS
KPAONZ
KNUC
KNAR
KPWR
KNPP
KDEMAF
KNUP
KNNPMNUC
KERG
KGIT
KPAI
KTLA
KFSC
KCSY
KSAC
KTRD
KID
KOM
KMOC
KJUST
KGCC
KREL
KFRDKIRFCVISCMGTKOCIASECPHUMSMIGEG
KFTFN
KO
KNSD
KHUM
KSEC
KCMR
KCHG
KICA
KPIN
KESS
KDEV
KCGC
KWWMN
KPAK
KWNM
KWMNCS
KRFD
MOPS
MCAP
MPOS
MARR
MO
MNUC
MX
MASS
MG
MY
MU
ML
MR
MILITARY
MTCRE
MT
MEPP
MA
MDC
MP
MAR
MASSMNUC
MARAD
MAPP
MZ
MD
MI
MEETINGS
MK
MCC
MEPN
MRCRE
MAS
MIL
MASC
MC
MV
MTCR
MIK
MUCN
MEDIA
MERCOSUR
MW
MOPPS
MTS
MLS
MILI
MTRE
MEPI
MQADHAFI
MAPS
NO
NATO
NL
NP
NZ
NSF
NI
NH
NG
NAFTA
NU
NASA
NR
NATOPREL
NSSP
NSG
NA
NT
NW
NK
NPT
NPA
NATIONAL
NPG
NSFO
NS
NSC
NE
NGO
NDP
NIPP
NRR
NEW
NZUS
NC
NAR
NV
NORAD
OTRA
OPCW
OVIP
OAS
OREP
OPIC
OIIP
OPRC
ODIP
OEXC
OPDC
OSCE
OIC
OSCI
OECD
OFDP
OFDA
OMIG
OPAD
OFFICIALS
OVP
OIE
OHUM
OCS
OBSP
OTR
OSAC
ON
OCII
OES
PGOV
PREL
PHUM
PTER
PINS
PINR
PREF
PK
PROP
PA
PARM
PBTS
PMAR
PM
PGIV
PE
PRAM
PHUH
PHSA
PL
PNAT
PO
PLN
PAO
PSA
PHUMPGOV
PF
PEL
PBIO
POLITICS
PHUMBA
PAS
POL
PREO
PAHO
PMIL
POGOV
POV
PAK
PNR
PRL
PG
PREFA
PSI
PINL
PU
PARMS
PRGOV
PALESTINIAN
PAIGH
POLITICAL
PARTIES
POSTS
PROG
PORG
PTBS
PUNE
POLICY
PDOV
PCI
PGOVSMIGKCRMKWMNPHUMCVISKFRDCA
PBT
PP
PS
PY
PTERE
PGOF
PKFK
PSOE
PEPR
PPA
PINT
PRELP
PSEPC
PGOVE
PINF
PNG
PGOC
PFOR
PCUL
POLINT
PGGV
PHALANAGE
PARTY
PGOVLO
PHUS
PDEM
PECON
PROV
PHUMPREL
RS
RU
RELATIONS
RW
RO
RM
RP
ROOD
RICE
RUPREL
RSO
RCMP
REACTION
REPORT
REGION
RIGHTS
RF
RFE
RSP
RIGHTSPOLMIL
ROBERT
SU
SCUL
SNAR
SOCI
SF
SA
SHUM
SENV
SP
SR
SY
SANC
SC
SMIG
SZ
SARS
SW
SEVN
SO
SEN
SL
SNARCS
SNARN
SI
SG
SN
SH
SYR
SAARC
SPCE
SHI
SCRS
SENVKGHG
SYRIA
SWE
STEINBERG
SIPRS
ST
SNARIZ
SSA
SK
SPCVIS
SOFA
SIPDIS
SAN
TC
TI
TBIO
TH
TSPL
TRGY
TSPA
TPHY
TU
TW
TS
TAGS
TK
TX
TNGD
TZ
TF
TL
TV
TN
TD
TIP
TR
TP
TO
TT
TFIN
THPY
TERRORISM
TINT
TRSY
TURKEY
TBID
US
UK
UNGA
UP
UZ
UNMIK
USTR
UNO
UNSC
UN
UNESCO
UNAUS
UNHRC
UY
UG
UNHCR
UNCND
USOAS
USEU
UNICEF
UNEP
UV
UNPUOS
UNCSD
USUN
UNCHR
UNDC
USNC
UE
UNDP
UNC
USPS
USAID
UNVIE
UAE
UNFICYP
UNODC
UNCHS
UNIDROIT
UNDESCO
UNCHC
Browse by classification
Community resources
courage is contagious
Viewing cable 08OTTAWA1032, CANADIAN HUMAN RIGHTS COMMISSIONS STIR DEBATE
If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs
Understanding cables
Every cable message consists of three parts:
- The top box shows each cables unique reference number, when and by whom it originally was sent, and what its initial classification was.
- The middle box contains the header information that is associated with the cable. It includes information about the receiver(s) as well as a general subject.
- The bottom box presents the body of the cable. The opening can contain a more specific subject, references to other cables (browse by origin to find them) or additional comment. This is followed by the main contents of the cable: a summary, a collection of specific topics and a comment section.
Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol). Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #08OTTAWA1032.
Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
08OTTAWA1032 | 2008-08-01 18:00 | 2011-04-28 00:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Ottawa |
VZCZCXRO1777
PP RUEHGA RUEHHA RUEHMT RUEHQU RUEHVC
DE RUEHOT #1032/01 2141800
ZNR UUUUU ZZH
P 011800Z AUG 08
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC PRIORITY 8278
INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE PRIORITY
UNCLAS SECTION 01 OF 03 OTTAWA 001032
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PHUM PGOV CA
SUBJECT: CANADIAN HUMAN RIGHTS COMMISSIONS STIR DEBATE
¶1. (SBU) Summary. Federal and provincial Canadian Human
Rights Commissions and Tribunals have over recent years come
under intensified criticism, largely due to high-profile hate
speech complaints, including about a controversial article on
Muslims in Maclean's, a prominent Canadian magazine. An
all-Mission Canada reporting officers' DVC on July 28
compared perceptions about and performance of the federal
commission and the provincial equivalents, discovering a
common track record of generally solid performance in support
of human rights and against discrimination, despite some
problems. This cable will examine the federal commission and
its framework, while septel will provide insights into the
workings of the provincial bodies. End summary.
¶2. (U) The federal Canadian Human Rights Commission (CHRC)
administers the Canadian Human Rights Act and is responsible
for enforcing the federal Employment Equity Act. It has
jurisdiction over all federally regulated employers,
including federal departments and agencies, airlines,
television and radio stations, and the Internet. The
Employment Equity Act covers more than a million federally
regulated employees. The CHRC's work focuses on three main
areas: resolving discrimination disputes; working with
employers to prevent discrimination; and, educating
stakeholders about human rights.
DISPUTE RESOLUTION
------------------
¶3. (SBU) The CHRC serves as a screening body for the Canadian
Human Rights Tribunal (CHRT). Chief Commissioner Jennifer
Lynch confirmed to PolMinCouns on July 21 that the CHRC
attempts to resolve as many disputes as possible by
mediation, and only ends up referring a small percentage of
complaints to the CHRT for judgment. Annually, the CHRC
receives about 15,000 inquiries, of which only approximately
700 turn into complaints and 80 go to the CHRT.
Disability-related disputes invariably make up the largest
proportion of complaints. In 2007, 36 pct of complaints
dealt with disabilities, 13 pct with gender, 12 pct with
national or ethnic origin, 12 pct with age, and the remaining
27 pct with a variety of other grounds for discrimination.
¶4. (SBU) The CHRC's first step after receiving an inquiry is
to determine whether the allegations fall within its
jurisdiction as established by the Canadian Human Rights Act.
If the case is within its jurisdiction, CHRC officials seek
"Early Resolution" through an on-the-record series of
facilitated telephone conversations. If this process is
unsuccessful, or if a telephone discussion is impractical,
the case goes to "Preventive Mediation," which involves
face-to-face conversations aimed at establishing a mutually
acceptable resolution. If CHRC officials exhaust these
options, the claimant can file a formal complaint, which goes
to the CHRC's Investigations Division. Following an
investigation, Commissioners can dismiss the complaint,
appoint a conciliator, or refer the matter to the CHRT. The
CHRT can impose penalties up to C$20,000 (US$19,499), or
order other forms of non-financial redress. Respondents may
appeal CHRT decisions to the Federal Court of Canada for
review. Ultimately, a case could proceed to the Supreme
Court of Canada, although such appeals are rare.
¶5. (SBU) According to its own statistics, the CHRC resolves
eighty percent of cases via some type of mediation or
settlement instead of referral to the CHRT. Since Chief
Commissioner Lynch's appointment in 2007, the CHRC has placed
an extra emphasis on early resolution in order to clear up
long-standing backlogs and to resolve cases more quickly.
Qlong-standing backlogs and to resolve cases more quickly.
This approach has the added benefit of cost savings; cases
resolved at the mediation stage cost taxpayers an average of
C$4,000 (US$3,905), while cases that go to CHRT cost as much
as C$40,000 (US$39,055), not including the parties' personal
or legal expenses. The CHRC sends its own counsels to
approximately 50 pct of cases at the CHRT. Commission
officials explained that the CHRC had discontinued its
previous practice of representation at all CHRT cases due in
part to limited resources but also to avoid giving the
impression that it represents the complainants. When a CHRC
counsel is present, it is as the representative of the
"public interest," rather than of a specific party.
According to Commission officials, the "public interest" is
not necessarily the same as a claimant's interest, but these
interests overlap in the majority of cases. Parties may
separately choose to retain counsel, but are under no
obligation to do so, and must pay all legal fees themselves.
PREVENTION AND EDUCATION
------------------------
¶6. (SBU) The CHRC devotes considerable resources on
pro-active initiatives to prevent discrimination and to
OTTAWA 00001032 002 OF 003
educate stakeholders on human rights. The CHRC has
established Memoranda of Understanding (MOUs) with a number
of employers of federal jurisdiction, including the Canadian
Border Services Agency, the Canadian Forces, Canada Post, and
WestJet Airlines. After establishing an MOU with the CHRC,
employers become part of an Employer Advisory Council, which
meets quarterly to discuss ways to prevent discrimination in
the workplace. The CHRC also directs a variety of other
prevention programs, including an annual Discrimination
Prevention Forum and an Employment Equity Compliance Program.
¶7. (SBU) Separately, the CHRC conducts research and publishes
studies to develop stakeholders' and public knowledge of
human rights. In 2007, the CHRC published a guide to help
employers properly manage concerns of employees who have
returned to the work-force after prolonged absences due to
disability or illness. The Commission also released two
reports on the legal and medical aspects of environmental
sensitivities, including guidelines for accommodation of
these sensitivities. The CHRC is also active in
international human rights fora, and Chief Commissioner Lynch
is simultaneously Chair of the International Coordinating
Committee of National Human Rights Institutes. Chief
Commissioner Lynch told PolMinCouns that she regretted the
absence of a U.S. representative on the ICC and would welcome
some U.S. participation.
HATE SPEECH
-----------
¶8. (SBU) The debate over hate speech and acceptable limits of
free speech and expression has been ongoing in Canada since
1977, when Parliament enacted the Canadian Human Rights Act,
which includes a specific hate speech provision. Section 13
of the Act prohibits the repeated telephonic communication
of any matter "likely to expose a person or persons to hatred
or contempt." The 2001 Anti-Terrorism Act clarified that
Section 13 applies to the Internet, giving the CHRC specific
jurisdiction over hate speech on the Internet. In 2007, the
CHRC received 16 complaints alleging a breach of Section 13,
representing approximately 2 pct of all complaints. Since
2001, the CHRC has rendered 14 decisions on Section 13
complaints, 13 of which were against the respondent.
¶9. (SBU) Critics of the CHRC have argued that it is
interpreting its mandate too broadly, leading to undue
restrictions on the freedoms of speech and expression. Some
have claimed that CHRC and the CHRT processes can result in
innocent respondents incurring substantial costs to defend
themselves. In response, Liberal MP Keith Martin has put
forward a private member's motion in the House of Commons to
repeal Section 13 of the Canadian Human Rights Act, while
Conservative MP Rick Dykstra has introduced a motion calling
for the House of Commons' Justice and Human Rights Committee
to re-examine the mandate of the CHRC and how it interprets
Section 13. Neither has come to a vote.
¶10. (SBU) The CHRC's best known hate speech case was a 2006
complaint filed by the Canadian Islamic Congress (CIC) and a
group of Muslim law students against Maclean's magazine
regarding the publication of a selection of articles and book
excerpts by author Mark Steyn. The group separately filed
concurrent complaints with provincial human rights
commissions/tribunals in Ontario and British Columbia,
alleging that the magazine had violated human rights by
publishing anti-Islamic articles and refusing to publish the
CIC's rebuttal. In June 2008, the CHRC declined to proceed
with the complaint, concluding that, while the articles were
"obviously calculated to excite discussion and even offend
Q"obviously calculated to excite discussion and even offend
certain readers," the views were "not of an extreme nature,
as defined by the Supreme Court." The Ontario Human Rights
Commission also dismissed the case, arguing it fell outside
its jurisdiction. The British Columbia Human Rights Tribunal
held hearings that closed in June 2008; a ruling is still
pending. (Note: Septel on provincial human rights
commissions will examine in more depth. End note.)
¶11. (SBU) According to Chief Commissioner Lynch and other
CHRC officials, such criticisms are unjustified. They
pointed out that the CHRC is legally required to accept and
process all complaints that fall under its jurisdiction, and
officials carefully adhere to the Canadian Supreme Court
ruling that determined what constitutes "hate speech." The
Chief Commissioner emphasized that Canadian law clearly
differs from U.S. law, in that, while the First Amendment of
the U.S. Constitution provides for open-ended freedom of
expression, Canadian legislators and courts have attempted to
"strike a balance" between protecting freedom of expression
and outlawing hate speech. Specifically, the Canadian
Supreme Court ruled that Section 13 does infringe on freedom
of expression, but that this infringement is justified under
Section 1 of the Canadian Charter of Rights and Freedoms,
OTTAWA 00001032 003 OF 003
which provides that the Charter is subject to "such
reasonable limits prescribed by law as can be demonstrably
justified in a free and democratic society."
¶12. (SBU) CHRC officials privately acknowledged the political
sensitivity of the hate speech issue, but asserted that the
Maclean's magazine case was "unique," that Parliament never
intended Section 13 issues to apply to mainstream media, and
that, with the dismissal of the case, the CHRC's focus would
shift back to the worst examples of hate speech. They
insisted that the CHRC is on the "right side" of the debate
with respect to finding an appropriate balance between free
speech and expression and prohibiting heinous speech that
promotes hatred and contempt. However, in June 2008, the
CHRC launched a comprehensive policy review of how best to
address hate messages on the Internet, with a report due in
fall 2008.
¶13. (SBU) Comment: Most of the CHRC's real work goes on
under the public radar, although the tens of thousands of
inquiries in recent years are a clear indication that
Canadians are indeed sensitive to possible violations of
their human or equal rights and are seeking remedies to
perceived discrimination -- most of which the CHRC appears to
have been able successfully to resolve. Its education and
foreign assistance activities also appear laudable and
useful. Despite the CHRC's ultimate dismissal of the
Maclean's case, the hate crime issue will likely continue to
consume considerable resources and divert energies away from
the CHRC's more mainstream programs and foci, while the
problem of "forum shopping" -- as in the Maclean's case -- is
apt to grow, absent some clearer Parliamentary delineation of
jurisdictions between the federal and provincial levels and
among the provinces.
Visit Canada,s Economy and Environment Forum at
http://www.intelink.gov/communities/state/can ada
WILKINS