Oh, Canadians!
A Tribute to Canadians Who Make A Difference

Saturday, June 12, 2010

Canadian Human Rights Commission

The Canadian Human Rights Commission administers the Canadian Human Rights Act. Section 3 of the Act prohibits discrimination based on "race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for which a pardon has been granted." Section 13(1) addresses the issue of hate speech. The section states:

It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination.

Section 13(2) makes clear that posting hateful or contemptuous messages to the Internet is prohibited. Section 54(1) allows a Canadian Human Rights Tribunal to order a respondent to cease any discriminatory practice, to compensate the victim where the discrimination was wilful or reckless by an amount not exceeding $20,000, and to pay a penalty of not more than $10,000.

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