Human Rights Commission says it should probe online hate messages
Last Updated: Thursday, June 11, 2009 | 1:08 PM ET
CBC News
Both the Criminal Code and the Human Rights Act should continue to be used to protect Canadians from hate messages on the Internet, the country's Human Rights Commission said in a report to Parliament Thursday.
"The Canadian Human Rights Act is remedial in nature and focuses on the removal of extreme hate messages. On the other hand, the Criminal Code is the most severe mechanism and aims at punishing criminal intent," chief commissioner Jennifer Lynch said in statement.
"Both serve useful purposes in protecting Canadians from discrimination in today's society."
The report also proposed changes to the Human Rights Act including providing a statutory definition of hatred and contempt, repealing the penalty provision, and allowing the commission to dismiss complaints where it deems messages do not constitute hatred.
Free speech threat
Critics, including some MPs and media outlets, have argued that the commission should not be allowed to investigate hate complaints on the Internet because it threatens free speech.
The commission's report pointed out that despite progress, discrimination still exists in Canada and tribunals play a key role in safeguarding equality and human rights.
"The dissemination of hate messages undermines equality and the right of individuals to be free from discrimination," said Lynch.
People who are the subject of frivolous complaints should be awarded costs, while the imposition of fines should be left to the criminal courts, the report said.
The commission screens complaints to determine whether they should be referred to the Canadian Human Rights Tribunal.
A tribunal can impose varying levels of penalties, including ordering that the internet activities be stopped, ordering compensation, or imposing penalties of up to $10,000.
With files from The Canadian Press
