Does the Commission work with other agencies or organizations?
Paragaph 27(1)(h) of the CHRA provides that the Commission shall:
h) shall, so far as is practical and consistent with the application of Part III, try by persuasion, publicity or any other means that it considers appropriate to discourage and reduce discriminatory practices referred to in sections 5 to 14.1.
It is pursuant to this statutory provision that the Commission maintains liaison with other organizations on the issue of hate on the Internet.
Does the Commission have an MOU with the RCMP?
Yes. The Commission has Memoranda of Understanding with many federally- regulated employers and service providers to develop discrimination prevention strategies. One of these MOUs is with the RCMP. The MOU is part of the Commissions’ s Prevention Program. The MOU makes no reference to cooperation between the RCMP and the Commission on matters relating to section 13. To see the MOU click here.
Which provisions of the Criminal Code deal with hate messages?
Sections 318 to 320 of the Criminal Code deal with Hate Propaganda. The police are responsible for investigating cases under the Criminal Code. The prosecution of charges laid under the Criminal Code is a responsibility of the provincial and territorial Departments of Justice.
Section 318 deals with the advocacy of genocide:
318. (1) Every one who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Section 319 deals with the public incitement to genocide and the willful promotion of hatred:
Public Incitement to Hatred
1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of
a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
b) an offence punishable on summary conviction.
Wilful promotion of hatred
2) Everyone who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of
a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
b) an offence punishable on summary conviction.
What is the difference between the Criminal Code and the CHRA?
In the Taylor decision, Chief Justice Dickson commented on the differences between the Criminal Code and the CHRA:
... It is essential, however, to recognize that, as an instrument especially designed to prevent the spread of prejudice and to foster tolerance and equality in the community, the Canadian Human Rights Act is very different from the Criminal Code. The aim of human rights legislation, and of s. 13(1), is not to bring the full force of the state's power against a blameworthy individual for the purpose of imposing punishment. Instead, provisions found in human rights statutes generally operate in a less confrontational manner, allowing for a conciliatory settlement if possible and, where discrimination exists, gearing remedial responses more towards compensating the victim.
Do provincial human rights commissions consider section 13 complaints?
No. Section 13 applies only to matters that fall within federal jurisdiction.
What is the role of the CRTC?
In Broadcasting Public Notice CRTC 1999-84 issued in 1999, the Canadian Radio-Television and Telecommunications Commission (CRTC) determined that it would not exercise control over the content of the Internet, including offensive and illegal content. The CRTC found that such content could be more effectively dealt with under existing legal provisions such as the Criminal Code and the CHRA.