The Lynch List, 2 Feb 2010

First, there is some discussion between Human Rights tribunals and the courts on whether the Human Rights Code protects recreational marijuana smokers. The Ontario Court of Appeal says it does, and refusing employment on this basis is discriminatory. In a dramatic role-reversal, the tribunals in BC and Ontario both say that recreational marijuana use does not constitute a disability and therefore may be discriminated against.

The official CHRC drug testing policy states,

Despite these decisions, the issue of whether casual or recreational users are protected under human rights legislation is still a matter of debate and has not been settled to a degree of certainty by the Courts.  The Courts have said that the grounds of prohibited discrimination under the Canadian Human Rights Act are to be given a large, liberal and remedial interpretation, and they are to be interpreted and applied in accordance with the purposes they serve.

In another employment-related case, a complaint was denied in the BCHRT to a father who was fired for suddenly refusing overtime due to family obligations. Once again, the case law has muddied the waters around this one, leaving lawyers to speculate,

So where does that leave employers, given that the law remains uncertain? Proceeding with caution.

See a pattern here? The more unclear the laws are, the more leeway the human rights commissions have in investigating and forwarding complaints to the tribunal. In the absence of clear and concise laws, the power is consolidated more and more into the hands of the tribunal members to pick and choose the criminals and innocents. One might think that Dr. Ferris himself is running the Commissions.

Second, Abdur-Rashid Balogun, who self-identifies as a “black, African muslim” had his application to the Canadian Forces delayed and finally denied by a credit check problem. Following Tarmourpour’s stellar example of turning one’s own inadequacies into human rights violations in the military, Balogun launched a human rights complaint. He was denied all the way to the OntarioFederal Court of Appeal, where he was tossed out and stuck with the Canadian Force’s legal bill. Yes, sometimes justice can be found in Canada. Also noted by BCF.

Third, Rob Breakenridge interviews comedian Guy Earle, of the lesbian-jokes-human-rights-complaint fame. Also noted by BCF and FFOF (you’d think they were married or something). The case is scheduled for an entire week from March 29 to April 2, case # 5338.

Finally, Jennifer Lynch supports an all-you-can-shoot-up program of free needles in Canadian prisons, why aren’t the mainstream media talking about the HRCs, Canadians not so keen on multiculturalism, and maybe the human rights police can investigate net household wealth disparities.

Parting Shot: Those who support hate speech laws in order to root out racism get a front-row seat to how a truly free society effectively deals with nasty racists. Not by laws, commissions, tribunals, fines, and jails, but rather by, as Jay Currie coined it, the “point-and-shun” method.


5 Responses to The Lynch List, 2 Feb 2010

  1. Dr Balogun says:

    This is the Dr. Balogun in case against Canadian Forces. It should be noted that the whole truth had not been spoken. The matter was before Feceral Court of Appeal and the decision is royally faulty. Is it possible for even the Prime Minister of Canada to prove beyond reasonable doubt he does not owe any debt? The panel said only that Human Rights Commission don’t know what to do therefore the decision was not unreasonable. What is Human Rights Commission established For I ASK your Audience when Colonel R.P. Milot intimidated them and Major General Jan Arp born in Netherland knows 26,000 members of the CF never was subjected to any reliability checks including credit check to demand I should prove beyond reasonable doubt. Is he racist?

  2. Thanks for the correction. I got it mixed up with the OCOP decision in the previous issue.

    I don’t have much doubt that there are others who have experienced similar hardship as you, but aren’t part of a “protected group”. There are complaint bodies to deal with these sorts of things without claiming racism based on inferences.

  3. Dr. Balogun says:

    Unfortunately there aren’t according to Canadian Forces under court order cross-examination of Major Labonte!!! The written response was “there is no requirement of standard of proof” period. Then why was it imposed on me. Furthermore is it a crime to volunteer to help your country that continually waste taxpayers money advertising shortage of applicant to the military. CAN PRIME MINISTER HARPER MEET SUCH REQUIREMENT AND CAN ANYONE IN THE MILITARY MEET SUCH REQUIREMENT!!

  4. […] Abdur-Rahid Balagun is keeping his battle with the Canadian Forces going over their insistence of a credit check. He started a blog, replete […]

  5. balinga90 says:

    Unfortunately, your grammar error suggestion is besides the point. Sometimes pc act funny, do you agree and if not go have a cup of tea

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: