Senate Holds Hearings on Bill C-304 

Last week, the Senate of Canada passed Bill C-304 on Second Reading and sent the bill onto the Standing Senate Committee on Human Rights.  Bill C-304 is a private members bill which will repeal the ravenous censorship of Section 13, of the Canadian “Human Rights” Act.  Section 13 makes it an offence to "likely" "expose" privileged groups to "hatred and/or contempt." There are NO defences under Section 13!  Even truth and intent are considered irrelevant to a finding of discrimination. The law was enacted in 1977 in order to silence a man named John Ross Taylor for messages he recorded onto his telephone answering machine. In the intervening 32 years, not a single person who has been hauled up on Section 13 charges has ever been acquitted - a 100% conviction rate.  Section 13 has been used and abused since its inception.

Bill C-304 passed the Canadian House of Parliament in June 2012 by a vote of 153 to 136. [See video of the Parliamentary vote: http://www.youtube.com/watch?v=CC4Svybr07c]

On June 25-26, 2013, the Standing Senate Committee on Human Rights is set to receive testimony from the following individuals:

·        Pearl Eliadis, Lawyer (As an individual)

·        Richard Moon, Professor, Faculty of Law (University of Windsor)

·        Brian Storseth, M.P., sponsor of the bill

·        Kerri Froc, Staff Lawyer, Law Reform and Equality (Canadian Bar Association)

·        Mark H. Toews, Member of the Executive, Constitutional and Human Rights Law Section (Canadian Bar Association)

·        Cara Faith Zwibel, Director, Fundamental Freedoms Program (Canadian Civil Liberties Association)

·        Jane Bailey, Associate Professor (University of Ottawa)

·        Jo-Ann R. Kolmes, Co-counsel, Saskatchewan (Human Rights Commission) v. Whatcott (Women's Legal Education and Action Fund)

·        Kathleen E. Mahoney, Professor, Faculty of Law (University of Calgary)

(It is interesting to note that the only supporters of Section 13 now are just LAWYER$… how much more out of touch can they be?  Don’t want to see their cash-cow repealed?)

After the review, Bill C-304 will be sent back to the Senate of Canada for a final vote.

The June 26, 2013 Standing Senate Committee on Human Rights is being broadcasted on ParlVU starting at 9:00am, and can be watched live at: http://senparlvu.parl.gc.ca/Guide.aspx?viewmode=4&categoryid=-1¤tdate=2013-06-26&eventid=9003&languagecode=12298  The ParlVU webcast is archives online and can be viewed at any time.
 

Let’s hope the Senate can get a move on and pass this law before the summer break.

- Marc Lemire