Wednesday, September 02, 2009

Section 13 Has Been Struck Down

Here’s a follow-up to my post from earlier this morning: Marc Lemire has been vindicated, and the Canadian Human Rights Tribunal has struck down Section 13 of the Canadian Human Rights Act.

From its decision:

[6] In the present decision, I will be reviewing s. 13, and its interpretation by the Tribunal and the courts, before proceeding to analyze the impugned material, where I ultimately determine that Mr. Lemire breached s. 13 in only one of the instances alleged against him. I then examine Mr. Lemire’s challenge to the constitutionality of s. 13 and ss. 54(1) and 54(1.1) where I find that these provisions are inconsistent with s. 2(b) of the Charter and that the restrictions imposed on the freedom of thought, belief, opinion and expression are not a reasonable limit within the meaning of s. 1 of the Charter.

The big question now is: how can the Human Rights Commissions continue their crusade against “hate speech” without Section 13?

[Post ends here]

3 comments:

Marginalized Action Dinosaur said...

Well if they have to give up their crusade against people telling the truth, I'll sleep better at night.

This would have happened decades earlier if the MSM's weren't well MSM's,.......

heroyalwhyness said...

Looks like Warman will have to find a new line of income. True justice would mandate refunds of all previous financial gain from this unconstitutional human rights circus. Marc Lemire, Ezra Levant, Mark Steyn and all those who suffered financially should be reimbursed as well.

OMMAG said...

Not struck down at all.

The tribunal is only another pseudopod of the bureaucrat's club and has no legal powers to affect law. They are nothing outside of the realm of their own little circle. I am sure their hope is that the politicians will grasp at the convenient bone they have thrown and simply alter the despicable law to limit the penalties they refer to. But let this be understood the root of the problem is not the penalties, as wrong headed as they are, the fundamantal issue is the power given to these bureaucrats.


A moral victory for Marc and others who have been abused by these self righteous bullies.
The decision is only a weasel's way out of being forced to defend their abuses in a real court.

No law has been changed and if you read their comments on the law per ssc.13 of the CCRF ... they are only criticizing the fact that the law has penalties attached to it. On that basis they claim it is wrong.

Never a thought given to the fact that the entire concept of the legislation is wrong or that their own little clique is an affront to our democratic and free heritage.

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