First: Some arguments from the Moore case that is now before the Supreme Court. For those who don’t remember, Moore is the father who won a human rights complaint when he wasn’t satisfied that the public school system was meeting the needs of his dyslexic son. The BCHRT mandated the Ministry of Education to expand its programs and change its funding model, a decision that subsequent courts threw out as an unconstitutional reach of a Tribunal into executive power.
Moore’s lawyer puts forward the usual, disingenuous, “access” argument – the reframing of a positive right, or claim right, of special services provided by the taxpayer into the negative-sounding right of “access”. Well, I want equal “access” to that lawyer’s bank account…
Second: Ah, yes. A cash payment extraced from a non-profit society. Which is what most complainants are after all along. And why the cash payment? Because they were guilty? Hell no:
“We decided that to proceed to a hearing would have been very costly,” said Covert. “It might have been the end of the club monetarily.”
Third: The Alberta PC government seems to have staked out the provision in its Education Act that hands over moral authority in education to the Albera Human Rights Commission as its hill to die on. One MLA reports that the bill might die when an election call is issued. The fact that the Wildrose supports “99% of the bill” is instructive – there’s no opposition to the bill other than the contentious clause. Something tells me there’s a bit of electioneering going on with this…
Fourth: I submit to those that still believe we can use the state to stamp out “hate” - why is it that the vast majority of examples that are given of hate around the world are always committed by – gasp – governments? If the government would simply put all its efforts into making sure that it doesn’t promulgate hate itself (by, for example, eliminating racial quotas), it might wake up average citizens to the fact that the responsibility to combat hate lies with themselves. But no, we must have more laws that police opinion. For all the same reasons that the War on Drugs isn’t effective, the War on Hate will always fail miserably.
Fifth: The latest clash in human rights: the right of a school employee to ensure their personal safety vs the right of mentally disabled students to “fit in”. Time for government to step in and tell us what’s more important!