OTTAWA - The Canadian Human Rights Commission should be stripped of its authority to police hate messages on the Internet, an independent expert has concluded.
In a report commissioned by the CHRC, constitutional law expert Richard Moon says cyber hate should be dealt with under the Criminal Code, not by human rights tribunals.
He recommends Section 13 of the Canadian Human Rights Act be repealed. The controversial section prohibits telephone or Internet communications that are deemed likely to expose members of an identifiable group to hatred or contempt.
Critics say Section 13 violates the Constitution's freedom of speech provisions. They also complain that it can cost thousands of dollars to defend against complaints -- even if an accusation proves to be unfounded.
"Censorship of expression that stereotypes or defames members of an identifiable group is not a practical option and so we must, as a community, develop other ways to respond to this expression," Moon says.
He suggests the Criminal Code already contains adequate provisions to prohibit the most egregious hate speech and to empower a judge to order Internet service providers to remove hate propaganda from their systems.
Should Section 13 not be repealed, Moon says it should at least be amended to prohibit only the most extreme instances of hate messages that advocate, justify or threaten violence against members of an identifiable group.
And he says Internet service providers should consider setting up hate speech complaint lines and committees of experts to advise them when a website has violated hate propaganda laws and should be shut down.
Moon also says mainstream newspapers and news magazines should revive moribund regional press councils where readers can pursue complaints about articles that allegedly promote hatred. If necessary, he says, government should consider creating a national press council with mandatory membership.
Debate has been raging over the authority of human rights tribunals to police hate speech since complaints were lodged against journalists Mark Steyn and Ezra Levant for allegedly exposing Muslims to hatred and contempt.
The debate prompted the CHRC to conduct a comprehensive review of its hate speech policy. Moon's report is the first step in that review.
"The debate on how to ensure that Canadians are protected against hate, while preserving freedom of expression, demanded fresh thinking," CHRC chief commissioner Jennifer Lynch said in a written statement.
"Professor Moon has now provided us with an excellent and thoughtful report."
The CHRC will seek submissions on Moon's recommendations before tabling a special report to Parliament by mid-2009 on Internet hate speech and Section 13.
Jewish groups weighed in instantly Monday, objecting to Moon's primary proposal.
"We certainly are somewhat concerned, even alarmed really, at the call for repealing Section 13," said the CJC's Bernie Farber.
"We don't want to be in a situation in this country where we lose that sense of protection for vulnerable minorities."
Farber said Moon's recommendation would further "criminalize" hate speech and punish offenders. The CJC prefers leaving some authority over cyber hate with human rights tribunals, which Farber said are more accessible to the public and help educate people about "codes of conduct . . . in a free and democratic society."
Similarly, B'nai Brith Canada said repealing Section 13 would be "a step in the wrong direction."
Both groups supported Moon's alternative proposal to amend the section.
Prime Minister Stephen Harper's Conservatives have largely ignored the issue until recently. At a national policy convention earlier this month, Conservatives -- including Justice Minister Rob Nicholson -- voted almost unanimously in favour of a resolution to eliminate Section 13.
However, Farber doubted that repealing or amending Section 13 will be a top priority for Harper's minority government, which is focused almost exclusively on managing the fallout from the global economic crisis.
