MACLEAN’S HUMAN RIGHTS COMPLAINT DISMISSED IN ONTARIO: ONE DOWN, TWO TO GO

In late April, the Ontario Human Rights Commission dismissed a complaint that had been filed against Maclean’s magazine for its publication of a highly controversial article by international columnist Mark Steyn. Among other things, Steyn had written that, while not all Muslims are terrorists, “enough of them are hot for Jihad to provide an impressive support network”.

“Unlike the federal and B.C. human rights laws, under which additional complaints were also filed against the magazine, the Ontario law does not contain a provision targeting statements “likely to expose” persons to “hatred or contempt” on the basis of grounds such as religion and ethnicity. The Ontario commission dismissed the complaint, noting its lack of jurisdiction in the circumstances, but it also issued a statement strongly critical of the impugned article. At this point, the complaints will be dealt with under the federal and B.C. human rights laws.

In mid-April, CCLA General Counsel Alan Borovoy published an article in the Toronto Star, commenting on some of these recent developments. The following is an extract:

“In dismissing the Ontario complaint against Maclean’s, the province’s Commission has ruled that the law does not apply to the material at issue. But the Commission also effectively decided that, if it believes the public dissemination of certain material is harmful, a proper response is public education. …At the moment, I will leave to another day the extent to which I agree or disagree with the Ontario Commission’s view of all the ethical issues in this case. Suffice it for now to urge support for our laws against discriminatory behaviour and the repeal of our laws against discriminatory opinion. At the same time, we should render such speech immune from punitive coercion but subject to critical discussion.”