The Lynch List, 08-Aug-2011

My apologies for the infrequent summer holiday Lynch Lists; the usual three-a-week schedule will return in September.

First: An ambulance paramedic was removed from his position by the BC Ambulance Services in 2005, since he could no longer detect a pulse due to his disability. Insisting that the BCAS owes him a job despite his limitations, he took his employer to the BC Human Rights Tribunal. In its zeal to squash yet another insolent employer with over $62,000 in penalties, the BCHRT “erred in law“, according to the BC Supreme Court.

The only way that Tribunal decisions can be overturned in most jurusdictions is by judicial review – in which the opinions and the judgment of the Tribunal member are immune to scrutiny. The scope of review is limited to an “error in law”, in which a point of law was incorrectly applied or not applied at all. It’s a very high threshold, which, in the words of the former BCHRT chair, gives Tribunal decisions “more certainty and finality“. The fact is that there is a significant number of BCHRT decisions being overturned on judicial review – which points to the ineptitude (or bias) of Tribunal members.

Second: Great. Just what we need. The CHRC is giving guys like this a persecution complex. Besides being completely ineffective in inhibiting the transmission of their repulsive ideas, the CHRC hate-speech prosecusions only fosters the law is unfairly slanted against them – and therefore destroys any compulsion to abide by it.

Third: An Ontario woman filed a human rights complaint after her twin 10-year-old sons were denied enrolment into a social activism course at the University of Ottawa. The OHRT simply couldn’t dance around the fact that the Code only applies to adults and had to dismiss the complaint – but practically begged for a Charter challenge against this limitation.

Fourth: The Saskatchewan Human Rights Tribunal has now officially been eliminated. The revisions to the Saskatchewan Human Rights Code are here, and came into effect on July 1. I firmly believe this is a positive step from an incrimentalist point of view: significant changes in one jurusdiction will reduce the political capital necessary to make changes in other jurusdictions. I see it as momentum.

Derek From of the CCF doesn’t quite see it that way:

The Government of Saskatchewan seems to be taking a middle-ground position instead of grappling with the issue of the Code’s relation to fundamental Charter rights.

If the Government of Saskatchewan wants to be a real leader in Canada, it should demonstrate that it takes individual freedom seriously and completely eliminate the Code.

Fifth: Shakedown was voted the best political book in the last 25 years. Congrats, Ezra!

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2 Responses to The Lynch List, 08-Aug-2011

  1. Billy Ray says:

    Re: second point. I don’t get it. That guy’s views aren’t too different from the anti-Muslim activists you support. Is it the tattoos you find repulsive then?

  2. Billy Ray says:

    Someone really has to update that dude on the new white supremacist strategy. Shift the focus from Jews to Muslims. Talk about “multiculturalism” instead of listing off all the individual races you hate. And say “Judeo-Christian” instead of “white”. All the same hate, shiney new package. Play his cards right, and he may even get a regular segment with Ezra Levant:

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