Finally, alleluia says Bishop Henry on Section 13

OTTAWA - Catholic human rights advocates welcome federal Justice Minister Rob Nicholson's support for a bill that would repeal Section 13 of the Canadian Human Rights Act.

Nicholson announced his support for Conservative MP Brian Storseth’s private member’s Bill C-304 during question period Nov. 16, when Storseth asked what the government’s position would be.

“Canadians across the country are increasingly concerned that Section 13 of the Canadian Human Rights Act infringes upon our most important human right, namely the freedom of expression,” Storseth told the House.

Section 13 deems anything “likely to expose a person or persons to hatred or contempt” discriminatory if it involves an identifiable group.

“Our government believes that Section 13 is not an appropriate or effective means for combatting hate propaganda,” Nicholson responded. “We believe the Criminal Code is the best vehicle to prosecute these crimes.”

Nicholson urged MPs to support the bill and promised amendments to strengthen the Criminal Code’s hate provisions.

“We were very encouraged to hear Mr. Nicholson come out in support of this change,” said Catholic Civil Rights League executive director Joanne McGarry.

Constitutional lawyer and law professor Iain Benson also applauded the move. Benson said “hatred at the moment has been over-extended to cover what I call ‘hurt’ speech.”

Catholics who have run afoul of Section 13 or related provincial acts have also rejoiced at the move.

“Finally, alleluia!” said Calgary Bishop Fred Henry, who faced complaints in 2005 under the Alberta Human Rights Act for a pastoral letter defending traditional marriage. “This section is such a no-brainer that it should have been excised long ago.

“The ‘feeling offended’ nature of the clause was an open door to not only adjudicate, but also to promote a politically correct agenda,” the bishop said. “Ardent secularists tended to use commissions as swords rather than shields and targeted others for ideological reasons.