Bill C-671: An Act to amend the Canadian Human Rights Act (hate speech)

C-671 Second Session, Forty-first Parliament, 62-63-64 Elizabeth II, 2013-2014-2015 HOUSE OF COMMONS OF CANADA BILL C-671 An Act to amend the Canadian Human Rights Act (hate speech) first reading, April 27, 2015 Mr. Cotler 412028 SUMMARY This enactment amends the Canadian Human Rights Act to make the communication of hate speech by means of a telecommunication undertaking within the legislative authority of Parliament a discriminatory practice. It defines “hatred” and provides that the Canadian Human Rights Commission must deal with a complaint alleging such a discriminatory practice unless the subject matter of the complaint is part of a proceeding before another court or administrative tribunal or the Commission determines that dealing with the complaint is improper. The enactment also provides that the Canadian Human Rights Tribunal can institute an inquiry into such a complaint only with the consent of the Attorney General of Canada. Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 2nd Session, 41st Parliament, 62-63-64 Elizabeth II, 2013-2014-2015 house of commons of canada BILL C-671 An Act to amend the Canadian Human Rights Act (hate speech) R.S., c. H-6 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The Canadian Human Rights Act is amended by adding the following after section 12: Hate messages 12.1 (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 exposes or tends to expose to hatred any person or class of persons on the basis of a prohibited ground of discrimination, including any matter that incites a level of abhorrence, delegitimization and rejection that could reasonably be expected to cause discrimination. Application (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. Clarification (3) For the purposes of this section, no owner or operator of a telecommunication undertaking communicates or causes to be communicated any matter described in subsection (1) by reason only that the facilities of such a telecommunication undertaking are used by other persons for the transmission of that matter. Definition of “hatred” (4) For the purposes of this section, “hatred” means vilification and unusually strong and deep-felt emotions of detestation. 2. (1) Subsection 40(1) of the Act is replaced by the following: Complaints 40. (1) Subject to subsections (5) and (7) to (10), any individual or group of individuals having reasonable grounds for believing that a person is engaging or has engaged in a discriminatory practice may file with the Commission a complaint in a form acceptable to the Commission. (2) Paragraph 40(5)(b) of the Act is replaced by the following: (b) occurred in Canada and was a discriminatory practice within the meaning of section 5, 8, 10, 12 or 12.1 in respect of which no particular individual is identifiable as the victim; (3) Section 40 of the Act is amended by adding the following after subsection (7): Prohibition (8) No complaint may be filed with the Commission anonymously or initiated by the Commission on the basis of information from an anonymous source. Identity of complainant (9) If the Commission has reasonable grounds for believing that there is a real and substantial risk that a complainant will be subjected to retaliation, ridicule, harassment or discrimination as a result of filing a complaint, the Commission may, on application of the complainant, deal with a complaint without disclosing their identity. Withdrawal of complaint (10) If the Commission determines that an application for non-disclosure of identity referred to in subsection (9) is not supported by sufficient grounds, the Commission must advise the complainant of its determination and inform them that they may withdraw their complaint. 3. The Act is amended by adding the following after section 40: Commission to deal with complaint 40.01 (1) Subject to subsections (2) and (3) and to section 41, the Commission shall deal with any complaint in relation to a discriminatory practice described in section 12.1. Commission may decline to deal with complaint (2) The Commission may decline to deal with a complaint in relation to a discriminatory practice described in section 12.1 if it appears to the Commission that dealing with the complaint would be improper. The impropriety may consist (a) in a complaint that is clearly unfounded or dilatory; (b) in conduct that is quarrelsome; (c) in a use of procedure that is excessive or unreasonable or causes prejudice to another person; or (d) in an attempt to defeat the ends of justice, in particular if it restricts freedom of expression in public debate. No other action pending (3) No complaint in relation to a discriminatory practice described in section 12.1 may be dealt with by the Commission under this Part if the subject matter of the complaint is pending before another similar body or authority or before any court or administrative tribunal in Canada. 4. Section 48.9 of the Act is amended by adding the following after subsection (1): Costs (1.1) The Chairperson may award costs of proceedings before it in relation to a discriminatory practice described in section 12.1 in accordance with the provisions governing costs in the Federal Court Rules, 1998, and may award specific costs for abuse of process in relation to the proceedings. 5. Subsection 49(1) of the Act is replaced by the following: Request for inquiry 49. (1) Subject to subsection (1.1), at any stage after the filing of a complaint, the Commission may request the Chairperson of the Tribunal to institute an inquiry into the complaint if the Commission is satisfied that, having regard to all the circumstances of the complaint, an inquiry is warranted. Consent of Attorney General (1.1) No request to institute an inquiry into a complaint in relation to a discriminatory practice described in section 12.1 may be made without the consent of the Attorney General of Canada. 6. Section 52 of the Act is amended by adding the following after subsection (2): Identity of complainant (3) If the Tribunal has reasonable grounds for believing that there is a real and substantial risk that a complainant will be subjected to retaliation, ridicule, harassment or discrimination as a result of filing a complaint, the Tribunal may, on application of the complainant, deal with an inquiry, including all or part of any processes or hearings that may be conducted in public, without disclosing the identity of the complain­ant. Withdrawal of complaint (4) If the Tribunal determines that an application for non-disclosure of identity referred to in subsection (3) is not supported by sufficient grounds, the Tribunal must advise the complain-ant of its determination and inform them that they may withdraw their complaint. Published under authority of the Speaker of the House of Commons