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Section 13 of the Canadian Human Rights Act was a provision of the Canadian Human Rights Act dealing with hate messages. The provision prohibited online communications which were "likely to expose a person or persons to hatred or contempt" on the basis of a prohibited ground of discrimination (such as race, national or ethnic origin, colour, religion, etc.).
This section serves a similar purpose as the Fifth Amendment to the United States Constitution, but does not provide witnesses the same opportunity to excuse themselves from testifying. In R. v. Nedelcu , 2012 SCC 59, a majority of the Supreme Court of Canada found that the prosecution in a criminal trial could use prior inconsistent testimony ...
Although the Supreme Court of Canada upheld the constitutionality of the provision in Canada (Human Rights Commission) v. Taylor, [35] Parliament repealed section 13 in 2013, with the repeal coming into force one year later. [36] In 2019, the Canadian House of Commons Standing Committee on Justice and Human Rights launched a study on online ...
In 2016, the government of Prime Minister Justin Trudeau introduced An Act to amend the Canadian Human Rights Act and the Criminal Code (C-16) in the House of Commons of Canada, to add and include "gender identity or expression" to the legislation. The bill passed the Commons on November 18, 2016, and the Senate on June 15, 2017.
The current government of Canada is presenting a new Bill, Bill C-11, which will legislate a new version of the copyright act in which section 13(2) will vanish. ( Bill C-11 was passed and received Royal Assent on June 29, 2012.)
Section 92(13) of the Constitution Act, 1867, also known as the property and civil rights power, grants the provincial legislatures of Canada the authority to legislate on: 13. Property and Civil Rights in the Province.
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It is directly funded by the Parliament of Canada and is independent of the Canadian Human Rights Commission which refers cases to it for adjudication under the act. The tribunal holds hearings to investigate complaints of discriminatory practices and may order a respondent to a complaint to cease a practice, as well as order a respondent to ...