Where’s Lucy when you need him?

mario dumont kosher

Now the chances of Lucy or the Lying Jackal filing a CHRC complaint about the incipient anti-semitism in branding a politician “kosher” after he meets with some prominent Jews are pretty much zero. However, Warman has established the lovely precedent that one does not have to be a member of an offended group in order to make a complaint and collect a settlement tax free (which could go to the Defence fund for the Canuck-6.

I have to say that this cartoon as well as one in La Tribune published in Sherbourne Que and another published in Montreal’s La Presse (and available as an example of the sub-text of French Canadian anti-semitism at the New Quebec blog) certainly offended me and I believe it is “matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination”.

The cartoon was published on June 15, 2007. The complaint must be made within one year.

Philosophically I cannot condone the use of s. 13 to censor the press regardless of how odious materials published happen to be.

But, I wonder if the greater good of having s. 13 deleted from the Human Rights Act might not demand the filing of just such hard cases. M. Lebuis is shooting at a imam, this complaint would be aiming at the newsletter of the French Canadian political elite and real, rather than boys washroom, anti-semitism.

Update: What the Hell….I just faxed this to the CHRC.

Canadian Human Rights Commission
344 Slater Street, 8th Floor,
Ottawa, Ontario K1A 1E1,
Canada

By Fax

Dear Sirs,

Re: s. 13 Complaint: Le Devoir Cartoon published June 15, 2007 and Posted to the Internet

On June 15, 2007 Le Devoir, a Quebec newspaper located at 2050, de Bleury, 9ième étage Montréal (Québec), H3A 3M9 published a cartoon which I believe is in direct violation of s. 13 of the Canadian Human Rights Act, specifically it is “matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination.”

This offensive cartoon was, as well, published on the internet and can be seen at: http://www.ledevoir.com/2007/06/15/147413.html (A screen shot is available.)

I wish to initiate a complaint pursuant to s. 13 of the Canadian Human Rights Act with respect to this publication on the basis that it is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or persons are identifiable on the basis of a prohibited ground of discrimination, in this case, religion.

I am available by phone or email at the addresses above.

I look forward to your prompt response.

Yours truly,

signed

Update 2: Welcome SDA, Steynians and Rabble

Written by jay on April 17th, 2008 with 23 comments.
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Get your own gravatar by visiting gravatar.com geokstr
#1. April 17th, 2008, at 11:07 AM.

You had better make sure that you use single-sided fax paper or the HRC will automatically disallow your complaint on procedural grounds, as they have done in the past.

Get your own gravatar by visiting gravatar.com Bob Herron
#2. April 17th, 2008, at 1:46 PM.

If we all did this the HRC would use it as a reason to hire more people and have a bigger budget. The objective should be to get rid of these drones totally. Getting rid of S13 is not enough. See “not washing hands not a health risk” in MacDonalds’ Restaurant case in BC.

Get your own gravatar by visiting gravatar.com Terry M
#3. April 17th, 2008, at 2:37 PM.

Can people outside Canada complain?

Get your own gravatar by visiting gravatar.com jay
#4. April 17th, 2008, at 3:14 PM.

Terry, I fear the CHRC is limited to Canadians. However, I would be interested in whether one might complain about material published outside Canada but put up on the internet. I’ll have to think on that.

Bob, I agree completely as anyone who has been reading my blog knows; however, one action one can take is to bring complaints which present hard cases. Sadly, the Adbuster run at anti-semitism is statute barred. But I suspect Rabble will harbour some good old fashioned Jew Baiting.

It is well past time to demonstrate the overbreadth of the s. 13 provisions with real cases from other than “the usual suspects”.

Get your own gravatar by visiting gravatar.com Kathy Shaidle
#5. April 17th, 2008, at 8:18 PM.

I’m proud to say I don’t speak a word of French, so I don’t get it.

Get your own gravatar by visiting gravatar.com Blazingcatfur
#6. April 17th, 2008, at 8:38 PM.

Hmm this may work even though you yourself are not a member of a designated victim group per the Marxist ideological guidelines of the CHRC.

Get your own gravatar by visiting gravatar.com Jan
#7. April 17th, 2008, at 8:44 PM.

Oh dear, I am not sure how many more elephants can fit inside the Commission offices.

Get your own gravatar by visiting gravatar.com WL Mackenzie Redux
#8. April 17th, 2008, at 10:49 PM.

Jay, rather than validate the HRC censorship of the free press , why didn’t you call this to the attention of the CJC and BB? Jews have the two largest political NGOs in Canada at their disposal to ferret out antisemitism…make them serve this legitimate purpose rather than endorse government power to censor political commentary.

Get your own gravatar by visiting gravatar.com Alan
#9. April 17th, 2008, at 11:48 PM.

I think you have opened your mind to the fact that s.13 is not as two dimensional as you might have been told, that an appropriately restrictive test for its application based on Charter principles (because human rights codes are subject to the Charter) might give orginary people recourse to remedy that they could never afford through the court.

And conservatives are that interesting in restricting government power to censor, do it directly by lobbying the Federal Conservative Party who has control of the legislative agenda and can amend the Act. That has nothing to do with Human Rights Commissions.

Get your own gravatar by visiting gravatar.com ebt
#10. April 18th, 2008, at 12:00 AM.

Legally, the CHRC can’t do anything about anything on the internet that isn’t actually posted in Canada. If your server is outside Canada, then the publication takes place where your server is located, and is not subject to Canadian law. Since it’s not against the law for him to post it, it’s not against the law for you to help him do it.

Of course, the problem is that the CHRC simply ignores the law. There’s nothing to stop them from coming after you and convicting you no matter what you do or do not do. The only question is whether they like you or not. If they like you, you can do whatever you want, and we’ve seen them and their pets post swastikas and publish anti-semitic hate to their black little hearts’ content. If they don’t lie you, they’ll take you down and there’s nothing you can do to avoid it.

Get your own gravatar by visiting gravatar.com jay
#11. April 18th, 2008, at 12:28 AM.

Alan, I have been aware for sometime that s.13 was multi-dimensional, a scold’s writ as it were. And it is deeply political. Both excellent reasons for it to be struck even if it had been administered impeccably.

We’ll see how the CHRC responds to a flurry of hard case complaints which do not target “the usual suspects”.

Get your own gravatar by visiting gravatar.com Sean
#12. April 18th, 2008, at 12:52 AM.

Et tu, Currie?

Get your own gravatar by visiting gravatar.com jay
#13. April 18th, 2008, at 12:54 AM.

Sean, I admit it…I have always wanted to be a scold.

Get your own gravatar by visiting gravatar.com Sean
#14. April 18th, 2008, at 1:03 AM.

It may be short lived. That’s a very hateful graphic you’ve got on your Web site above these comments, and, well…

… um …

…I *do* have a fax machine, single-sided, no less. And now my fingers are itchy.

:-p~~~

Get your own gravatar by visiting gravatar.com jay
#15. April 18th, 2008, at 1:27 AM.

It is a very hateful graphic. And it is on a website. Yup…you better fire up the fax machine. (Of course I might make use of the Lucy/Stacey “But we’re the good guys” defense. But I’d probably lose.) Hall of mirrors I tell ‘ya.

Get your own gravatar by visiting gravatar.com Peter
#16. April 18th, 2008, at 4:17 AM.

I hope you remembered to ask for punitives, Jay. But don’t get your hopes up. Rumour has it the Commission is meeting today to discuss whether they can reject any complaint that comes from a hateful fax machine.

Get your own gravatar by visiting gravatar.com Sean
#17. April 18th, 2008, at 4:37 AM.

“I might make use of the Lucy/Stacey ‘But we’re the good guys’ defense.”

I don’t think you get your good guy merit badge until you can prove you’ve mastered hijacking unsecured wireless access points. So please refrain from claiming “good guy” status until you can produce the accompanying badge as certification of your rank.

Get your own gravatar by visiting gravatar.com RobertJago
#18. April 18th, 2008, at 5:57 AM.

Good on you. Let’s bury them under these complaints.

Get your own gravatar by visiting gravatar.com Hannibal Lectern
#19. April 18th, 2008, at 8:17 AM.

Jay,

To up the ante, the graphic needs to show the guy smoking a high tar cigarette in the presence of kids not buckled into their car seats. With the windows closed. And soldiers. In our streets. In our cities. In Canada.

And an itty bitty purple dinosaur in the screaming in the back seat.

Get your own gravatar by visiting gravatar.com Tim Nielsen
#20. April 18th, 2008, at 2:42 PM.

If you’re looking for non typical targets to hit with complaints to CHRC, look no further than our friends at the CBC (mostly radio) who have repeatedly bombarded us with messages that are likely to expose Conservatives, Christians, Gun Owners, Replublicans, George Bush and/or friends of George Bush, and Americans in general, to hatred or contempt based on their race (WASP) religion (conservative Christian) ect (political views).

If that doesn’t work, maybe you can hit someone on the comedy channel for telling a Newfie joke (Those never fail to offend me!)

Good Luck!

Get your own gravatar by visiting gravatar.com David
#21. April 19th, 2008, at 8:57 AM.

I have been thinking of the CBC anti-Americanism angle for a while. I remember specifically a couple of years ago Air Farce selected George W. as their food cannon target. This was so old, tired and predictable (why not Kim Jong Il, Robert Mugabe etc.?) that it I tuned out ever since.

Can you imagine a cartoon of Mohammed not only been shown on the CBC but being plastered with slop? And if they did - the uproar - Maybe we should demand equal opportunity for him.

Anyway, I have been waiting for some ex-patriot American to file a complaint - but then if there is one thing you can say about the Yanks, they are not prone to whining.

Another tactic might be to launch a complaint against the CIC and the law students, saying that their whining is “likely” to cause people to dislike Muslims. I am certain that their speech in this regard is stirring up a lot more ill-will than Mark Steyn and Macleans.

Finally, with regard to the word “likely” in the legislation. In a real court this might be interpreted in some real statistical sense - except it would be applied to an event that had already occurred, not in the future. I did a search on the OJ trial and discovered that the chance that DNA experts testified that the blood was “likely” his to the tune of a 1 in 50 billion chance that it wasn’t his!! That was not good enough for the jury, who came to believe as I recall that the sample was planted by the police.

Get your own gravatar by visiting gravatar.com Mark Francis
#22. April 19th, 2008, at 10:11 PM.

“Legally, the CHRC can’t do anything about anything on the internet that isn’t actually posted in Canada. If your server is outside Canada, then the publication takes place where your server is located, and is not subject to Canadian law. Since it’s not against the law for him to post it, it’s not against the law for you to help him do it.”

Incorrect. In Canadian law, the publishing of Internet content occurs at the client computer, not at the server.

This blog on an American server

http://greencompostheap.blogspot.com/

got suspended due to a lawsuit launched in BC.

Get your own gravatar by visiting gravatar.com ebt
#23. April 26th, 2008, at 3:09 AM.

No, Mr. Francis. Publishing occurs where the material is made net-accessible. That’s at the server site.

In Canadian law, a tort occurs in a province if the damage occurs in that province, so the place of publication is irrelevant if the material can be read in the province. Your lawsuit had nothing to do with the place of publication.

The problem which both you and I overlooked, and which motivated me to dig this thread up, is that the Human Rights Acts do not restrict themselves to what you publish, but forbid you to CAUSE to be published the various things they object to. This prevents you from getting any advantage from publishing abroad. You cause a blog entry to be published when you transmit it to the publisher, wherever he may be, and you do that transmitting from your home in Canada.

My apologies if anyone was misled by my earlier observations, which were accurate as far as they went, but didn’t go far enough.

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