This story slipped under my radar-screen. It concerns a gay civil servant who filed a complaint in 2005 re alleged abuses that occured in 1985. The CHRC usually declines to hear cases filed after more than a year, but has the discretion to tdo so under particular circumstances. Here, Paul Richard argued that the CHRC "failed to consider the discretionary provisions of the time limit". Not a section 13 case, but interesting nevertheless. Hardly the kind of thing likely to help the CHRC streamline its case-load.
Note: the story is from "Xtra" magazine. For "hot gay chat", follow the links.
So the CHRC has the authority to reopen ancient cases now. Great for them, I guess.
ReplyDeleteIt certainly is a “historic precedent” - and a very dangerous one.
I remember telling a friend who had just been called to the bar, about ten years ago, that Internet law had a great future. I honestly never imagined a multi-million dollar hurt feelings industry. I was thinking copyright and general business concerns, which has come to pass as I thought. It appears to me that the big money is in thought crimes though. Live and learn.
Anyway, here’s to hoping that criticizing the CHRC’s “infallibility” does not hurt someone’s feewings.
Oh, Lord, BCL...are you going to start doing a Margaret Wente and pore over the minutia related to human rights issues?
ReplyDeleteYou know it's not nice to torture the wingnuts this way. Or maybe that's your eeevil point? You've already sent one into the depths of despair thinking this little piece of the "multi-million dollar hurt feelings industry" is going to make Canada go 3rd World.
Anyway, I didn't even get a sense of the nature of this man's complaint; I do remember that being an obnoxious homophobe back in 1985 was far more acceptable than it is today.
ReplyDeleteis going to make Canada go 3rd World.
When did I say that?
Dementia is so sad. It must be very difficult for your family to deal with. My condolences.
Dementia is so sad. It must be very difficult for your family to deal with. My condolences.
ReplyDeleteNow, now...don't be churlish.
I just find these assertions about money to be kind of risible; as if the significance of any issue has to be expressed financially, or it just doesn't have any meaning. It's particularly annoying given the fact that most people, and especially "conservatives" don't generally understand cost/benefit and ignore the very real money-pits that are significant drains on our resources, such as the military-industrial-media complex.
Compare that to the "hurt feelings industry" (how's about we just call it 'Big Hurt' from now on?) and you might gain a sense of perspective and priorities.
It is true that being an obnoxious homophobe was more acceptable then than it is today, (at least outside the Blogging Tories blogroll), but I really can't imagine any reasonable cause for delaying 20 years in filing. It is true, however, that the CHRC would not have accepted any complaint on the grounds of sexual orientation until the 1990s, but the delay on his part still doesn't seem reasonable.
ReplyDeleteWe have to remember though, the court is not requiring them to open the case or accept the complaint. It is requiring them to have a process for assessing them.