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Questions and Answers about section 13
2009

Section 13

What is section 13 of the Canadian Human Rights Act?
What is the history of section 13?
When was section 13 amended to include the Internet? Why?
What was the basis for including the Internet under section 13?
What harm is caused by the communication of hate messages?

Balancing Freedom of Expression and Freedom from Hate

Is section 13 new?
Is section 13 consistent with the Charter of Rights and Freedoms?
Does Canada have an equivalent to the First Amendment?
Is section 13 consistent with international human rights law?
Have United Nations bodies made decisions relating to section 13?

Investigation of Section 13 Complaints

How do you file a Complaint under section 13 of the CHRA?
What is the statutory basis for filing a complaint?
What happens when a complaint is filed?
What constitutes "hatred or contempt"
Does the Commission hold hearings?
Does the commission initiate complaints on its own initiative?
Can the Commission take action pending a decision by the Tribunal?
If hate on the Internet is international, what is the benefit of section 13?

Section 13 Complaints Status

What is the current status of section 13 complaints?
What percentage of the CHRC caseload is attributable to section 13 cases?
Is it true that the Tribunal has upheld all section 13 complaints?

The Canadian Human Rights Tribunal and Section 13

What is a Tribunal hearing?
Is the Canadian Human Rights Tribunal part of the CHRC?
Does the Commission represent complainants before the Tribunal?
Can legal costs be awarded by the Tribunal?
What remedies can the Tribunal order?
Can the Tribunal order an apology?
Can someone be sent to prison for contravening section 13?
What action can be taken to enforce an order of the Tribunal?
Are decisions of the CHRC subject to court review?

Role of Other Agencies Regarding Section 13

Does the Commission work with other agencies or organizations?
Does the Commission have an MOU with the RCMP?
Which provisions of the Criminal Code deal with hate messages?
What is the difference between the Criminal Code and the CHRA?
Do provincial human rights commissions consider section 13 complaints?
What is the role of the CRTC?

The Zündel Case

What was the Zündel Case?

Other Issues

Are there security concerns regarding section 13?
Matters found to contravene section 13

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