First: The end of a long ordeal in Whitehorse ends for the better, but not after significant carnage has ensued. The complaint hinged on whether the government could fire someone when they learned of his violent criminal past. The complainant, Thomas Molloy, was training female government employees when they found out about his criminal convictions, including multiple sex assaults, and complained that they didn’t feel safe being trained by him.
In the first go-round, the Tribunal dismissed the complaint without a hearing, saying that the complainant, Thomas Molloy, wasn’t employed by the government. He was employed by a company who was providing services to the government. The Yukon Human Rights Commission spent taxpayer dollars appealing the decision to the courts, who agreed that there was an employment relationship and sent it back to the Tribunal.
The Tribunal was forced to reconsider the complaint, and now held extensive hearings to consider the evidence. Again, on taxpayer dollars. This time, they dismissed the complaint, reasoning quite rightly that it wasn’t a criminal record that people were afraid of, it was a history of violence.
Aside from the tax dollars used, it’s incredible that the Commission would continue to defend Molloy. They are essentially arguing that the women who were afraid for their safety should be treated by the government as discriminatory bigots.
Second: Commentary from Troy Media/Calgary Beacon by Chris Schafer of the Canadian Constitution Foundation:
What visible minorities, gays, and other enumerated groups under Ontario’s “human rights” system must come to see is that what they are now doing through the Tribunal is the same thing that was once wrongly done to them. They are using the coercive power of the state for private purposes; to compel people to serve them, to forbid individuals from expressing their opinion, etc.
Third: The CHRC is chilling the champagne for Saturday, June 11, when a whole new avenue for complaints will open up:
As of June 18, 2011, over 700,000 people, primarily residents of First Nations communities will enjoy the same human rights protections as everyone else in Canada for the first time.
Hear that? You had better “enjoy” your “human rights protections”.
Fourth: The Ontario Human Rights Tribunal seems to be an expert at discrimination:
City of Toronto lawyer Antonella Ceddia questioned before the tribunal Tuesday whether race could be determined through an analysis of photos and names. She argued the methodology was too simplistic.
But Reaume, [vice-chair of the OHRT], who has so far reviewed about half of the ambassador cabbie IDs, disagreed.
“I did not have any difficulty in determining that there was a preponderance of racialized men in the ambassador program,” Reaume said.