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Hate on the Internet

Freedom of expression is a cornerstone of any democracy and care must be taken to protect it. Canadian courts have long affirmed that freedom of expression must be balanced against the societal harm that can be done by irresponsible speech, especially when that speech takes the form of hatred.

Hate on the Internet continues to be a troubling phenomenon. The Internet is a low cost, borderless platform for those who wish to spread hatred and sow social disharmony.

Section 13 of the Canadian Human Rights Act provides a unique tool to help combat hate on the Internet:

13.(1) It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any 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.

(2) For greater certainty, subsection (1) applies in respect of a matter that is communicated by means of a computer or a group of interconnected or related computers, including the Internet, or any similar means of communication, but does not apply in respect of a matter that is communicated in whole or in part by means of the facilities of a broadcasting undertaking.

In addition to its role in processing complaints, the Commission has represented the public interest by intervening in hate case hearings before the Canadian Human Rights Tribunal (CHRT). To date, the Tribunal has issued more than 15 decisions in complaints against Canadians connected to hate websites or materials. In all instances the Tribunal has ruled against the respondents and ordered them to close down their websites and pay damages – sending a powerful message of social solidarity to all those targeted by hatred and contempt.

As effective as section 13 has been, the Commission recognizes that complaints are only one tool of many that must be used to combat hatred in Canadian society. The Commission is continuing to work with civil society organizations and governments towards developing a comprehensive strategy to combat hatred in all its aspects.

National Security and Human Rights

In 2006, the Commission published a report that explored the recently expanded authority of several Canadian security agencies and the potential impact on human rights.

The report recommended that the Commission:

• review Canadian security, intelligence agencies and their monitoring bodies;
• assess the identity certification process within the context of the Smart Border Agreement; and,
• analyze profiling as a tool for delivering security.

The Commission has undertaken all three recommended projects. Each explores a facet of national security through the perspective of human rights – identifying the potential human rights considerations and endorsing the development of non-discriminatory practices.

The review of security and monitoring agencies is complete. It will be made public following its review by a working group composed of the various security organizations.

Learning from the Past and Looking to the Future

Sexual Orientation

Recognizing that sexual orientation equality rights have been achieved in Canada in a relatively short period of time, the Commission conducted research to identify what contributed to this rapid success. The project included a historical overview of how freedom from discrimination on the basis of sexual orientation became a human right in Canada, and an examination of the role the Commission played in this regard.

The research concluded advancements in sexual orientation equality rights came about through a sustained, multi-faceted effort that was undertaken despite the lack of political enthusiasm or initial public support for the issue.

Social Condition

The visible rise of social inequalities in Canada has sparked renewed debate over whether "social condition" should be added as the twelfth prohibited ground of discrimination within section 2 of the Canadian Human Rights Act.

In 2007, the Commission began research to better understand the larger social and institutional implications of such an amendment.

The Human Rights Report Card

The Commission has launched a project that is unique both within Canada and internationally: research into the development of a Human Rights Report Card. A report card can provide a basis of comparison over time, allowing human rights commissions to focus their preventive work, as well as informing the public of the status of human rights within Canada.

The first phase of a multi-year project to design a Human Rights Report Card was completed in 2007. Phase one explored the feasibility of producing a report card by developing a conceptual framework and preparing a prototype using existing data collected from various sources. The authors concluded that it was not possible.

In response, the Commission has begun phase two with the aim of producing a truly national report card by engaging – through extensive consultations – various stakeholders, including provincial and territorial human rights commissions. The resulting prototype would be the basis for collecting data specifically for the purpose of producing the report card.

Public Information

The Commission’s website is an increasingly important source of information for its stakeholders and the public. Improving the website for the end-user was a focus in 2007. Visitors are now able to better target their inquiries and find resources and information. Increased outreach and public awareness initiatives resulted in an increase in requests for printed copies of publications.

International Activities and Priorities

In March 2007, the Chief Commissioner was given the mandate to provide Canadian leadership and assistance to foreign governments and international organizations through the promotion of human rights principles and institution building. This mandate is supported by three strategic priorities established by the Commission and its staff:

• strengthening human rights institutions in other countries;
• advancing international human rights priorities in international fora; and
• promoting the domestic implementation of international human rights standards.

The International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights

The Commission’s leadership on the international stage was recognized when it was elected in March 2007 to a three-year term as chair of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC) – a body that coordinates over 60 accredited national human rights institutions (NHRIs).

In its first year of presidency, the Commission has undertaken three major initiatives:

• successfully negotiating formal recognition of the standing of the ICC and all national institutions accredited with "A" Status, within the new United Nations Human Rights Council and its related mechanisms, and following up with a strong presence at the United Nations.
• launching a governance review: The Commission is engaging its members in a restructuring that will bring the ICC to the level of development and maturity required to support its expanding mandate. This includes the ICC functions, governance, structure and a sustainable funding base.
• furthering efforts to strengthen the ICC accreditation process, leading a revision of its procedures, and ensuring that it reflects the principles of transparency, rigour and independence.

The ICC’s full potential can only be met by strengthening its four regional networks of NHRIs: the Americas, Africa, Asia-Pacific and Europe. The Commission leads initiatives to share best practices; to build partnerships; to provide technical assistance; and to foster new, and strengthen existing, national institutions.

Network of the Americas

In 2007, the Commission continued its active commitment to the activities of the Network of the Americas, including the Network’s Sixth General Assembly held in Mexico in October 2007. The Commission is also exploring future collaboration opportunities between Network members, the Organization of American States (OAS) and the Inter-American Commission on Human Rights.

Commonwealth Human Rights Forum

In May 2007, the Commission was elected to the Steering Committee of the Commonwealth Human Rights Forum, created for the purpose of bringing together Commonwealth human rights actors to build a collective influence in larger international fora.