Action Alert for Albertans
(BUT for every other province and at the federal level, we have "human rights" law so all Canadians beware)

CFAC Action Alert
Dec 21, 2007

"Human Rights" Acts the best tools for bullying.

Look at the Alberta Human Rights, Citizenship and Multicultural Act http://www.qp.gov.ab.ca/Documents/acts/H14.CFM.

Can't you feel sorry for me? An activist has hurt my feelings and I felt victimized and thereby discriminated against. He said things about me - about my beliefs that are painful. I now have two choices: I can attempt to file a Human Rights Complaint. Or. I could get a life.

You see if my feelings are hurt and I feel discriminated against due to my "religious orientation" then surely I must have a right and entitlement to have an appointed group of people in the Human Rights Commission at taxpayers’ expense, intervene and force the activist to pay me compensation for my feelings. This is really not bullying is it? Or is it more like extortion?

How can I prove my feeling are hurt? I don't need to prove it. I just say it is so and it is so. Do I need to provide truth? No, not under the functions of the Human Rights Act. See "any statement.." Section 3(1) states that if something "indicates discrimination" and "is likely to expose to hatred or contempt" is a basis for action.

Of course it is solely up to the person(s) appointed to the Commission to decide unilaterally if they interpret my hurt and discrimination sufficient to even open a case.

Of course these "Commission" people could use section 3(2) [Nothing in this section shall be deemed to interfere with the free expression of opinion on any subject.], to deny my case. In their interpretation - solely based upon their "feelings" or philosophy they could decide the activist had the right to express his opinion about me and my beliefs. The Act fails to stipulate what grounds they make such decisions upon.

Then they could use section 3C ..."if the statement ...is not derogatory, offensive or otherwise improper." to determine if my feelings are hurt or if I was discriminated against. Derogatory in whose eyes? Offensive to whom? Improper based upon what test? This is law – no, it is grade school banter. Is this the best language that government legal heads could come up with?

But my concerns about the Alberta Human Rights, Citizenship and Multicultural Act do not end here.

Read a few sections in the Act that will startle any intelligent person who respects freedom and equality under the law, one of the main protections which our Charter says are guaranteed to every citizen.

Alberta Act quoted: (note our red highlights and blue danger comments)

"Bylaws 17(1) The Commission may make bylaws respecting

(a) the carrying out of its powers, duties and functions under this Act, and

(b) procedural matters related to the handling of complaints under this Act, including procedural matters related to the proceedings before human rights panels. (( are they totally unaccountable then - make up your own rules !!!!!))

Procedural rules:

(2) Evidence may be given before a human rights panel in any manner that the panel considers appropriate, and the panel is not bound by the rules of law respecting evidence in judicial proceedings. (( rule of law does not apply to this bunch??))

Powers of panel:

2) A human rights panel may make any order as to costs that it considers appropriate. (( whatever it wants with NO parameters??))

Protection from giving evidence:

40(1) No member of the Commission, nor the director of the Commission or any other employee mentioned in section 18, shall be required by any court to give evidence relative to information obtained for the purposes of this Act.

(2) No proceeding under this Act shall be deemed invalid by reason of any defect in form or any technical irregularity. (( so they are untouchable regardless of their errors??))

Interpretation:

In this Act

44(1) definitions: It is very notable that the main terms in section 3.1 a,b are NOT defined. So what does that mean? It means that the Commissioners will unilaterally determine what 'hate', 'discrimination' and 'contempt' mean. And since under Procedural Rules "(2) Evidence may be given before a human rights panel in any manner that the panel considers appropriate, and the panel is not bound by the rules of law respecting evidence in judicial proceedings.", the panel (in essence one person perhaps, who is not trained as a judge), can violate the laws respecting evidence and make their own laws in violation of our Charter. That is frightening at any time. But to have a person appointed who may not be trained in law and is not trained in judicial matters and not bound by certain law is complete violation of citizenship rights under Canada's Charter.

Three solutions to these grave matters?

1) rescind this terrible piece of legislation that allows violations of the Charter, or

2) remove section 3 - discrimination re publications, notices" and "statements" that could even be private opinion and

3) demand legislators extensively narrow the parameters and powers of these appointed "Commissioners".

What was the original purpose of such a law? [Discrimination re goods, services, accommodation, facilities, tenancy, pay]

If you are concerned - TAKE ACTION:

Write and call the Attorney General of Alberta demanding that this atrocious law be corrected immediately.

Ron Stevens - Phone: (403) 216-5421
Fax: (403) 216-5423
calgary.glenmore@assembly.ab.ca

Call Ed Stelmach and insist he do what he promised, represent all Albertans, and that he hold a full and fair review of this legislation.

Phone: (780) 632-6840 and 780- 427-2251
Fax: (780) 632-6888
fortsaskatchewan.vegreville@assembly.ab.ca

((The Conservatives are so proud of their Lobbyist Act for accountability but let the bullies at HRC run wild))

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