By Deborah Gyapong
Canadian Catholic News

OTTAWA -- The Catholic Women's League (CWL) will ask Parliament to cut the controversial censorship provision of the Canadian Human Rights Act (CHRA).

At its annual national convention in St. John's, Newfoundland, August 8 - 12, CWL delegates from across the country voted to urge the government to rescind the CHRA's Section 13 and restrict hate speech proceedings to the Criminal Code.

The CWL also passed a resolution to urge all levels of government to provide sustained funding to help people trying exit prostitution. Another resolution calls for legislation to protect and support foreign human trafficking victims.

These three resolutions, which bubbled up from the grassroots membership, will become the focus of the CWL's lobbying efforts for the next year.

The CWL also sent a letter to the Prime Minister registering their opposition to assisted-suicide and euthanasia Bill C-384.

"The lives of the vulnerable, the elderly, the disabled, and those facing a life-threatening illness will be at risk if assisted suicide does not remain an indictable offence," said the letter dated August 12. Copies were also sent to Justice Minister Rob Nicholson as well as Members of Parliament from all parties.

"The League supports the position that all life is sacred and all people have intrinsic dignity and worth regardless of their stage of life," the letter said. "That dignity is worth is far better championed through excellent palliative care than an expedient, hastened end to life."

Bloc Quebecois MP Francine Lalonde's private member's Bill C-384 is scheduled for another hour of debate in the House of Commons in late September before going to a vote on second reading.

Alex Schadenberg, executive director of the Euthanasia Prevention Coalition, welcomed the CWL letter. "They got it right," he said, noting the CWL has been involved in combating euthanasia and assisted-suicide for several years.

Joanne McGarry, executive director of the Catholic Civil Rights League, called the news of the CWL resolution to rescind Section 13 of the CHRA "wonderful."

"We hope our government will realize there is very broad-based support for this initiative," she said, noting that journalists, editorial boards, women's groups, men's groups and faith groups have expressed concern about this provision.

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"We are all deeply committed to human rights and fundamental freedoms such as freedom of speech and freedom of religion," said McGarry. "Section 13 interferes with those basic freedoms."

Section 13 allows the Canadian Human Rights Commission to investigate and prosecute expression that is deemed "likely to expose" enumerated vulnerable groups to "hatred or contempt." Under this section, truth is no defence, nor is one's motive or intent.

The complainant's costs are government-funded, but the respondent must pay their own legal expenses. Provincial human rights commissions have similar legislation to Section 13.

The CWL's brief on the resolution argued that the words "likely to" and "contempt" are too broad, allowing for "frivolous and harassing complaints." It also argued the burden of proof is too low. The Criminal Code offers a "beyond a reasonable doubt" standard of guilt and the presumption of innocence, it said.

The CWL is joining groups like the writers' group PEN Canada; the Canadian Association of Journalists; editorial boards in every major newspaper across Canada; the Catholic Civil Rights League; REAL Women of Canada; and other groups that have registered their opposition to the encroachment of human rights commissions on fundamental freedoms.

The CWL cited the report of University of Windsor law professor Richard Moon, an independent consultant commissioned by the Canadian Human Rights Commission. Moon recommended Section 13 be scrapped. Liberal MP Keith Martin has tabled private member's motions to eliminate the provision and the matter is under investigation by the House of Commons justice committee.

Human rights commissions have gained notoriety in the past two years since complaints were filed against Maclean's magazine for a Mark Steyn book excerpt and against Ezra Levant for republishing the Danish Mohammed cartoons in the now-defunct Western Standard.

Human rights complaints, however, have also been used against Catholic expression. In 2005, Calgary Bishop Fred Henry faced Alberta human rights complaints for a pastoral letter on traditional marriage.

Catholic Insight magazine spent more than $30,000 defending itself against a 2007 complaint by an Edmonton gay rights activist against articles defending Catholic teaching on marriage and human sexuality. The complaints against Henry were dropped after mediation; and the complaints against Catholic Insight were dismissed in 2008, but the activist has appealed to a higher court.

-- Courtesy of Canadian Catholic News. Please do not reprint without permission.

August 27/2009