Monday, April 19, 2010

ONTARIO HUMAN RIGHTS COMMISSION GIVEN UNPRECEDENTED POWER STARTING CANADA DAY
by Sarah Sonne

Human Rights Commissions continue to be at the forefront of issues facing Canadians today. Maclean's magazine is currently under-fire for an article they published about Islam called “The Future Belongs to Islam.” In the article, the author summarizes some of his interviews with Muslim leaders and explains how the population boom of Islamics compared to the extreme decrease in the size of western families is part of their strategy in gaining influence in the western world. The Canadian Islamic Congress promptly complained to the British Columbian, Ontario, and Canadian Human Rights Commissions that the article “could” cause people to become offended, and therefore “could” cause hatred against Muslims. Both Canada and Ontario rejected the complaint, citing that their Code was not broad enough to include articles in magazines, but British Columbia has brought the case to Tribunal.

No one who has ever had a complaint brought against them has won in a Human Rights Tribunal. If that's not scary enough, the Human Rights Commission in Ontario (the Commission responsible for completely changing the way faith-based businesses are run after the Christian Horizon's ruling) will be given unprecedented power within two weeks.

Starting July 30, 2008 there will be a number of significant changes to the Ontario Human Rights Commission. The OHRC has given itself the power to initiate their own complaints and start their own investigations into what they may consider human rights violations. Practically, this means they do not have to wait for someone to complain that a Justice of the Peace would not marry a homosexual couple, the Human Rights Commission can go looking for people unwilling to perform gay marriages and when they find them, make their own complaint, and start their own investigation, and make their own ruling. It stands to reason that if they are the ones making the complaint, their investigation will be extremely biased from the beginning. The Ontario Human Rights Commission has given itself the power to be secret police and go looking for people they can prosecute.

The OHRC will now also have the right to interrupt and change cases before the Human Rights Tribunal of Ontario, if they do not agree with what is happening or with a ruling that the Tribunal has made. This means that even if they are not involved in a human rights complaint being made, they still have the power to step in and decide what the verdict is.

As of July, the OHRC will also be engaging in “pro-active” measures such as public education, policy development, and research and analysis to further their own agendas. They will also “have the power to monitor the state of human rights and report directly to the people of Ontario.” This means that they can go into schools and businesses and promote their own views, regardless of religious freedom or freedom of speech. This will be seen directly in Christian Horizons, where the Human Rights Commission will be stepping in to "help" re-write Christian Horizons' policies regarding faith statements, and training the employees on “human rights” over their religious beliefs.

When a person files a human rights complaint, it will no longer go through the Commission but it will go straight to the Tribunal, and a new legal service called the Human Rights Legal Support Center will give legal support and services to anyone who files a complaint. This means there is no longer any screening service to complaints, and anyone who wants to file a complaint will be given legal advice on how to do it.The logic behind this is to "free up" more time for the OHRC to be pro-active in preventing human rights violations.

Every year, the Human Rights Commission used to have to file a report and submit it to the Attorney General for review. Now they do not have to be reviewed, but can submit whatever they want with direct access to the Speaker of the Legislative Assembly. They also have the “power to monitor and report on anything related to the state of human rights in the Province of Ontario” not just the cases they are involved in.

They also will have the power to review any new legislation that is passed in Ontario to make sure that it fits their definition of human rights.Thus it would appear that the OHRC has become the first and final say on anything involving human rights in Ontario and possibly Canada.

In short, this means that the Human Rights Commission of Ontario now has the power to police Ontario with no accountability, and with final say, unless the government steps in and stops them.

You can read the new mandate of the Ontario Human Rights Commission on their website here.

In May of 2008 MP Keith Martin tabled a motion (M-446) calling for a public examination of the Canada Human Rights Act and the Commission and Tribunal that stems from it. The motion calls on the Federal Government to hold public hearings across Canada into this matter. The motion and letter will enable all Canadians to see the current workings of the CHRA and offer solutions that will protect free speech, while protecting people from hate speech. It specifically calls for Section 13 of the Human Rights Act to be deleted, as this is the section being used to fine people for possibly inciting hate crimes by something they may have said. For more information contact:
Office of Dr. Keith Martin
613-996-2625
MartiK@parl.gc.ca

Action Points:

1) Write to your MP, the Justice Minister, and the Liberal and NDP justice critics to let them know of your support for an investigation into the CHRC.
2) Make an appointment this summer to meet with your MP face to face and talk about Human Rights
3) Write a letter to the editor or an article and submit it to your local and national newspapers
4) Pray for the government to have wisdom regarding the Human Rights Commission, protection over socially conservative and faith based groups in Ontario as of July 2008, and favour for everyone appealing a decision by the Human Rights Commissions across Canada.

Here is a brief summary of what the Human Rights Commissions across Canada have been ruling so far in 2008:
June 2008: Update on Reverend Stephen Boissoin. Following a six year trial, the Alberta Human Rights Commission has fined Rev. Boissoin $5,000 and ordered him to renounce his faith after he wrote a letter to the editor in 2002 expressing concern on homosexual agendas in the school system. Rev. Boissoin and The Concerned Christian Coalition have been ordered to publicly apologize to the gay community, never express opposition to homosexuality again, and renounce all previous statements on homosexuality. The HRC has not explained where the damage fee is going because there are no defined "victims" to pay the damage fine to.
For practical ways to support Mr. Boisson as he attempts to get his case appealed, please visit his websites here.


June 2008: Catholic Insight Magazine has been burdened with $20,000 in legal fees so far defending itself against human rights complaints from homosexual activitists. In February of 2007, Pride Centre of Edmonton filed a human rights complaint against the monthly Catholic magazine, and 18 months later there has still be no word of whether the case will proceed past the investigation stage. The magazine is also coming under fire from a homosexual couple in Toronto who are attempting to get Insight's funding stripped from Heritage Canada's Publications Assistance Program. The magazine is paying its legal fees with support from donors.
May 2008: In Saskatchewan, Orville Nichols, a Regina marriage commissioner for 25 years, was found guilty of violating the Saskatchewan Human Rights Code for declining to perform a same-sex marriage three years ago. Nichols was fined $2,500 and asked to comply with with the Human Rights Code. If he refuses, he will lose his appointment as a commissioner. As a result of this case, The Human Rights Commission plans on asking every marriage commissioner if they comply with the legislation requiring them to marry same-sex couples. Although this does not affect clergy (they can refuse on the basis of religious beliefs under the Human Rights Code and Charter because they are a religious organization), civil marriage commissioners are required to perform marriages as a public service without religious content, and therefore if they are found in non-compliance they will lose their job.


April 2008: The Ontario Human Rights Commission ruled that Christian Horizons (a Christian care facility) pay former employee Connie Heintz $23,000 plus to compensation for 2 years of lost wages after she was let go because of a lesbian lifestyle, even though when hired she had signed an agreement declaring she was committed to living according to biblical values. The tribunal also found that a company cannot have two main focuses; therefore Christian Horizons cannot be both a care facility and a ministry, and so they cannot screen who they hire on the basis of lifestyle or make new employees sign a Statement of Faith contract. This has major implications not only for Christian Horizons but other faith based service organizations as well (eg. Salvation Army, Pro-Life Centres etc.).


For more on Freedom and Persecution, please visit the Informed Freedom page on MY Canada's website here.

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