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CHRC Hannya Rizk Investigator's Report
 17-May-2004

chrclog2 CANADIAN
HUMAN RIGHTS    
COMMISSION
 COMMISSION
CANADIENNE DES
DROITS DE LA PERSONNE
  


Investigator's Report

Complaint Information

File Number(s): 20031527
Date of Complaint(s) November 7, 2003
Complainant: Canadian Jewish Congress
Respondent(s): Lubomyr Prytulak
Section(s) of the Act: 13
Ground(s): Race, religion and national or ethnic origin
Referred to Mediation: No
Parties Participated in Mediation:    No



Recommendation

It is recommended, pursuant to subsection 41(1) of the Canadian Human Rights Act, that the Commission deal with the complaint.



Signature

           ["Hannya Rizk" signature] May 17, 2004
Investigator:    Hannya Rizk Date



20031527 Page 2 of 3



Summary of Complaint

  1. The complainant alleges that the respondent is repeatedly communicating messages through the internet which are likely to expose members of the Jewish community to hatred or contempt.

  2. The respondent objects to the Commission dealing with the complaint under sections 41(1)(a) and (e) of the Canadian Human Rights Commission.
41(1)(e) Timeliness

  1. The respondent contends that the complainant has been aware of the material on the website from the beginning and submits that the use of the word "ongoing" on the complaint form is evasive and inadequate and that the date noted should be that of when the material was first discovered.

  2. The respondent further submits that under 41(1)(e) allowing for a "longer period of time" to complain must be understood to extend time to complain beyond one year only for good cause shown.  He states that if time could be extended without good cause shown, this would be equivalent to setting up a limitation period of one year along with an invitation to ignore it, which would be equivalent to setting up no limitation period at all.

  3. The complainant states that the complaint concerns ongoing acts of discrimination as the web-site still exists as well as the complained-of web pages.

41(1)(a) Alternate Redress

  1. The respondent states that the complainant has had avenue for redressing its grievance which it has failed to use.  The respondent's suggestion of alternative redress is to post on his web-site any submissions made by the complainant that oppose views expressed on his web-site.

  2. The complainant states that the alternate redress process that the respondent is proposing is not an effective alternative adjudicative procedure available to the complainant to address the discriminatory practice complained of.  The complainant further states that the procedure should have an adjudicative body with remedial powers to order the cessation of discriminatory practices, which this does not.

20031527 Page 3 of 3



Trivial, Frivolous, Vexatious and Made in Bad Faith

  1. The respondent contends that the complaint does not survive the test of 41(1)(d).

  2. The complainant states that the web-site is designed to promote hatred against the Jewish community and falls within the definition of discriminatory hate messages in section 13 of the Canadian Human Rights Act.
Analysis

  1. The complaint is ongoing and the website still exists as well as the web pages which form the basis of the complaints.

  2. The alternative redress to which the respondent refers does not include an adjudicative body nor does it offer appropriate remedies.

  3. The complaint falls within the purview of section 13 of the Canadian Human Rights Act.
Recommendation

  1. It is recommended, pursuant to subsection 41(1) of the Canadian Human Rights Act, that the Commission deal with the complaint, because:

    • the matter complained of is ongoing; and

    • it is not satisfied that the other procedure will address the allegation of discrimination.

CANADIAN
HUMAN RIGHTS    
COMMISSION
 COMMISSION
CANADIENNE DES
DROITS DE LA PERSONNE
  

COMPLAINT SUMMARY (Corrected on May 17, 2004)
FILE NUMBER

2003 1527


 DATE COMPLAINT RECEIVED

November 7, 2003
NAME OF COMPLAINANT

Canadian Jewish Congress
NAME AND ADDRESS OF RESPONDENT

Lubomyr Prytulak
Vancouver, BC


 		DATE OF ALLEGED CONDUCT

Ongoing
ADDRESS WHERE INCIDENT OCCURRED (if different from above)

http://www.ukar.org
RELEVANT PROHIBITED GROUNDS

Race, religion and national or ethnic origin


 APPLICABLE SECTIONS OF THE CHRA

13


PRACTICES (e.g., termination of employment, harassment, etc.)


Hate messaging

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