My friend Salim Mansur continues his denounciation of the hrc thought police. He understands how the jihadis and their apologists have already used 13 a.
The CHRC and the CHRT are not properly constituted law courts. Respondents accused under Section 13 are not adequately protected, and complainants are merely required to prove being harmed "on a balance of probabilities" and not certainty.
Moreover, while the CHRT proceedings, as Professor Moon finds, are reasonably formal, "the procedural rules, including rules of evidence, are less strictly applied than in criminal cases."
Now that the professor's independent study has publicly recommended the repeal of Section 13 of the Canadian Human Rights Act, the federal Parliament needs to respond.
Ottawa should either act on the advice of Professor Moon, or begin its own procedure to review Section 13 even as a sitting member -- Keith Martin, Liberal member for Esquimalt-Juan de Fuca -- has already moved a motion to have it revoked.
Canada is a mature democracy, and most Canadians are reasonable and law abiding.
For Parliament to constrain free speech beyond the existing reasonable limits through the provision in the human rights act of Section 13 is an insult to Canadians and Canadian democracy, and it should act wisely as Professor Moon recommends.
Sunday, November 30, 2008
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