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The Human Rights Crazies Just Get Crazier

The Review Panel established by Justice Minister Anne McLellan in April 1999 to review the federal Human Rights Act, submitted its report in June. This Review Panel, consisting of three human rights activists and retired Supreme Court of Canada judge, Mr. Justice Gérard LaForest, produced a report entitled Promoting Equality: A New Vision that is wilder and even crazier than we had predicted it would be. (See Reality, "The Farcical Review of the Human Rights Commission, May/June, 1999, p. 11.)

As if innocent Canadians were not burdened enough by appointed extremists on Human Rights Commissions, life is going to get far worse if the recommendations of this review panel are implemented. The report makes recommendations that give more power and influence than ever before to these already out-of-control, undemocratic kangaroo courts .

At a cost of $3.5 million, the Review Committee's recommendations included the following:

- Banning discrimination based on social condition, i.e., human rights abuses under the Act be extended to include business practices that limit access to loans, mortgages, bank accounts, telephone and other services for people who are on welfare or unemployed;

- Banning discrimination against transgendered people on the basis of "sexual identity";

- Banning discrimination against former convicts who have served their sentences;

Banning discrimination against individuals "not lawfully present," i.e., immigrants illegally in Canada. If this latter recommendation is implemented, unlawful immigrants in Canada will have rights not only under the Charter of Rights to derail their deportation proceedings, but will also have access to the human rights apparatus to throw further obstacles into the path of immigration officials. This would be at the taxpayer's expense. For example, the taxpayers have already paid out $36 million for processing and incarcerating the 599 Chinese who arrived illegally on the west coast last year. Of these, 576 claimed refugee status and only 106 have been ordered deported to date. Another 168 were released from custody and of these, 128 have disappeared. There are still 256 of these illegal immigrants incarcerated and their legal and other expenses have yet to be tallied.

- Human rights investigations will cease to be merely complaint-based. Instead, officials will have the jurisdiction to investigate public interest cases involving apparent systemic discriminations, (i.e., poisoned environments) that may "be caused by unconscious behaviour based on stereotype." For example, job requirement policies based on educational or physical requirements allegedly create systemic discrimination because, even though the jobs are open and apply equally to everyone, they still give rise to substantive "inequality" because not everyone meets certain rigid qualifications, e.g. female firefighters. (The recommendation to include systemic discretion was based on recommendations from the National Action Committee on the Status of Women (NAC) and Equality for Gays and Lesbians Everywhere (EGALE). For some reason, the panel didn't follow the recommendations presented by REAL Women.)

- Damages for human rights violations will no longer be capped at $20,000 for "pain and suffering," but compensation is to be made available for "any loss" regarded as reasonable by the human rights tribunals.

- An Advisory Council of twelve members will be established to give the Commission independent advice on policy. This Council is to be comprised of members that have expertise or sensitivity to human rights issues and must reflect the diversity of the Canadian population, including a gender balance. These members are to be drawn from among others, equality seeking groups (read as: homosexual and feminist organizations).

If this recommendation is implemented, it will create the bizarre situation that human rights standards in federal jurisdiction will be determined by a narrow group of ideologues who will use the system to promote their own agenda. In other words, this recommendation provides a golden opportunity for homosexuals and other special interest groups to control the interpretation and application of human rights. These groups now control the court system in Canada (See Reality, "The Feminist Canaries Are Singing Again," May/June 2000, page 1), and this now ensures their control of the human rights system in perpetuity.

- In addition to its regular work, the Commission is to also add to its annual report its comments on Canada's compliance with its international obligations. In this regard, the Commission is to consult with non-government organizations (NGOs). (Somehow we don't think REAL Women will make the "must consult" list!)

- Employers with more than five employees will be required to develop an "internal responsibility system" for human rights, which will be federally regulated.


The Review Panel rejected including protection in the Human Rights Act, of political belief, because, according to the Report, this was unnecessary since there was not widespread discrimination in Canada on this ground. Besides, the Panel stated it did not want "to overload the new claims process." According to the Panel, it had also received submissions during its consultations that the addition of the protection on political belief grounds "might protect those who disseminate hate propaganda." Hate propaganda, we know, occurs whenever the politically correct crowd, (especially homosexuals, feminists) are criticized. Besides, Human Rights Commissions have already been heavily burdened by the protection of another "belief," i.e., religious belief. To the "human rights" crowd, protecting such belief has impeded human rights "progress" in Canada. Of course, they see NO sense in protecting yet another "belief." No, sir.

Research Behind this Panel's Report

These outrageous recommendations were not a surprise once we read the list of researchers commissioned by the Review Panel. The researchers include the familiar, frolicking lesbian partners, Sheilagh Day and Gwen Brodsky, who seem to live off the backs of the Canadian taxpayers. These two have produced papers for the Canadian Advisory Committee on the Status of Women (now mercifully disbanded), and some for the Status of Women in Ottawa (always ready with cash for the Day/Brodsky projects).

Ms. Brodsky has also been funded for research projects by the Court Challenges Program (run by her partner, Sheilagh). One must wonder how they would survive without government agencies to provide for them. Ms. Day is also an ubiquitous conference attendee - always at government expense. For example, she was a paid speaker at the Status of Women conferences; she represented NAC (and "womyn") at the federal Charlottetown conferences in 1982. She attended the Justice Department Symposium on Women held in Vancouver in 1991. She hustled over to Vienna to attend a UN Human Rights Conference in 1993 and then was sent by Canada to attend the Beijing Conference on Women in 1995 - all paid for by the taxpayer. At the last three conferences, by the way, Ms. Day's consistent theme was lesbian rights.

Ms. Day and Ms. Brodsky are also founding members of the Women's Legal Education Action Funf (LEAF), the legal arm of feminist movement..

Another LEAF member to provide "research" for this Human Rights Panel was Mary Eberts, who was a former legal director of that organization. Donna Greschner, former director of the Saskatchewan Human Rights Commission and LEAF supporter also supplied research to this Panel. A happy team indeed.

Federal Human Rights Commissions Ecstatic

The Chief Commissioner of the Federal Human Rights Commission, Michelle Falardeau-Ramsay was ecstatic with the Panel's recommendations and immediately endorsed them. If implemented, they will provide her and her associates with enormous power and influence and extensive jurisdiction over all federally regulated industries, such as banks, airline and telecommunications, as well as government departments, the armed forces and RCMP.

Justice Minister Anne McLellan, who set up this whole thing, has ordered her Justice officials to begin working immediately on a bill which will include these innovative recommendations.

The only thing that might stop this Human Rights juggernaut is the fact that there has to be a federal election within a year and, we can only hope that Ms. McLellan won't be able to get her "masterpiece" legislation assembled and in place before the election is called.

Please write to Ms. McLellan and let her know clearly and definitely that the recommendations of this Human Rights Panel are totally unacceptable.

Her address is:

The Hon. Anne McLellan
Minister of Justice and
Attorney General of Canada
Justice Building
239 Wellington Street
Ottawa ON K1A 0H8

Tel: 613-992-4621
Fax: 613-990-7255
E-mail: mclela@parl.gc.ca

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