Overview

Expanding Knowledge

Strategic Initiatives

Contract

Contract dated June 13, 2008 between the Canadian Human Rights Commission and Richard Moon:

Background

Given the: 2001 amendments to s.13 of the Canadian Human Rights Act (CHRA) confirming its application to hate messages on the Internet;  increased usage of and technological advances in the Internet; and growing public interest in s.13 of the CHRA, the Canadian Human Rights Commission (the Commission) seeks the Contractor’s independent expert advice and recommendations regarding the most appropriate mechanisms to address hate messages and more particularly those on the Internet, with specific emphasis on the role of s. 13 of the CHRA and the role of the Commission, which advice and recommendations shall be contained in a Report to the Commission. 

Statement of Work

Research and Analysis:
The Contractor shall conduct legal and policy research and analysis regarding the most appropriate mechanisms for addressing hate messages and more particularly those on the Internet, with specific emphasis on the role of s.13 of the CHRA and the role of the Commission.  Without limiting the generality of the foregoing, the Contractor shall conduct a review of the jurisprudence and a literature review and shall take into consideration: 

• existing statutory/regulatory mechanisms: whether they are appropriate and/or in any manner, require further precision 
• the mandates of human rights commissions and tribunals, as well as other government institutions presently engaged in addressing hate messages on the Internet
• whether other governmental or non-governmental organizations might have a role to play and if so, what that role might be
• Canadian human rights principles, including but not limited to, those contained in the Canadian Human Rights Act and the Canadian Charter of Rights and Freedoms
• Canada’s international human rights obligations 
• comparable international mechanisms

Consultations:
At any time during the term of this contract, the Contractor may seek and receive the assistance of the Project Officer, in respect of any of the work mandated by this contract.  The Contractor shall also undertake any consultations, external and/or internal to the Commission, as he deems appropriate.   In all external consultations, including any academic review of the draft Report which the Contractor may undertake, he shall ensure that any such consultations or review are in accordance with statutory requirements and the terms of this contract and specifically the confidentiality requirements. 

Reporting:
Throughout the term of this contract, the Contractor shall provide the Project Officer with periodic verbal updates of the progress of his work. 

Deliverables:

1. The Contractor shall prepare a preliminary project plan (the plan), outlining those issues he intends to address and his key activities, including consultations (if any), with time lines, which plan shall be provided to the Project Officer on or before July 4, 2008.  The Commission shall provide its comments to the Contractor regarding the plan on or before July 11, 2008.  The Contractor shall take into consideration such comments regarding the plan in the conduct of his work;
2. Based upon the plan, the legal and policy research, any consultations undertaken and the Contractor’s analysis thereof, the Contractor shall:

• a. prepare a draft Report, which shall be provided to the Project Officer on or before September  26, 2008.  The Commission shall provide its factual and/or legal comments to the Contractor regarding the draft Report on or before October 10, 2008.  The Contractor shall take into consideration such factual and/or legal comments regarding the draft Report in the preparation of the Report;
• b.  on or before October 17, 2008, provide to the Project Officer the Final Report, in both hard and soft copy, setting out his advice and recommendations regarding the most appropriate mechanisms to deal with hate messages and more particularly those on the Internet, with specific emphasis on the role of s.13 of the CHRA and the role of the Commission; and
• c.  on or before October 17, 2008, provide to the Project Officer a copy the research he conducted.